Oracle can't appeal SAP order right away-judge

SAN FRANCISCO Sat Jan 7, 2012 12:53am IST

The company logo is shown at the headquarters of Oracle Corporation in Redwood City, California February 2, 2010. REUTERS/Robert Galbraith/Files

The company logo is shown at the headquarters of Oracle Corporation in Redwood City, California February 2, 2010.

Credit: Reuters/Robert Galbraith/Files

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SAN FRANCISCO (Reuters) - Oracle Corp ORCL.O can't appeal an order slashing its $1.3 billion copyright infringement verdict against SAP AG (SAPG.DE) until it decides whether it will reject a lower damages award, a U.S. judge ruled on Friday.

A Northern California jury determined that Oracle should be paid $1.3 billion over accusations SAP subsidiary TomorrowNow wrongfully downloaded millions of Oracle files.

However, U.S. District Judge Phyllis Hamilton last year found that Oracle had proven actual damages of only $272 million. Hamilton said Oracle could accept a $272 million award or opt for a new trial against SAP.

Oracle sought to immediately appeal Hamilton's order, but Hamilton in an order on Friday denied the request.

If Oracle rejects the $272 million award, Oracle could proceed with a new trial against SAP, and then appeal after that, she ruled.

(Reporting by Dan Levine, editing by Mark Porter)

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