SAP and Oracle are once again at loggerheads, with a US judge yesterday throwing out the record $1,3-billion that was awarded to Oracle in a copyright complaint against SAP.

The judge called the award “grossly excessive”. Oracle now has the choice of accepting a much lower $272-million or starting the trial all over again.

It looks like Oracle may go for the retrial option.

In the original trial, SAP admitted liability, after its subsidiary downloaded thousands of copies of or Oracle’s software and support materials, without paying licence fees. to use in supplying services to its own customers.

Oracle was looking for damages of up to $3-billion, but the $1,3-billion was nevertheless a record for a damages claim.