SAN FRANCISCO 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)