Software Expert Witnesses to Testify in Oracle Case

Oracle says it may file an amended complaint alleging what its attorneys are calling “a broader program of copyright infringement” by SAP (Systems Applications and Products in Data Processing) beyond the allegations it has already made against SAPs subsidiary TomorrowNow. Oracle discovered some TomorrowNow employees were downloading Oracle customer files and claims SAP violated the Federal Computer Fraud and Abuse Act as well as the California Computer Data Access and Fraud Act. Both sides are limited to three software expert witnesses in the case. The also reports:

SAP acknowledged that some TomorrowNow employees were guilty of some “inappropriate” downloads but dismissed the vast majority of Oracle’s allegations. In November, SAP announced that TomorrowNow CEO Andrew Nelson and other senior executives had resigned and that it was considering a number of strategic options, including the possible sale of services subsidiary.

Ahead of next week’s case management hearing, Judge Jenkins gave both sides a limit of 20 depositions, 150 document requests, three expert witnesses to evaluate forensic evidence and determine potential damages and an August 8 deadline to submit its expert disclosure reports. He also said the last day he will hear pre-trial motions will be November 13.