SAN FRANCISCO — Oracle may have won half of its battle with SAP at the Ninth Circuit on Tuesday, as a three-judge panel seemed to agree the company can pursue hypothetical license damages for copyright infringement—even though Oracle has no track record of actually licensing its software to competitors.
But that’s where the agreement ended. Judges Susan Graber and William Fletcher pushed back hard on the notion that Oracle Corp. proved at a 2010 trial that SAP would have had to pay $1.3 billion to license software that a subsidiary copied illegally.
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