SAP Wants Judge to Limit Scope of TomorrowNow Suit

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SAP has asked a U.S. District court judge in California to throw out some of the claims Oracle has made in a lawsuit filed over SAP's subsidiary, TomorrowNow, charging that Oracle is trying to bog down proceedings.

"Oracle has sought to make this case as large and complex as possible by expanding its claims beyond what the law allows. SAP brought this motion to assure that the case focuses on the issues that are legally relevant and truly in dispute," SAP said in a statement.

Oracle sued SAP last year, claiming that workers at TomorrowNow, which provides third-party support services for Oracle's Siebel, PeopleSoft and J.D. Edwards product lines, illegally downloaded material from Oracle's support systems and used them to woo Oracle customers.

Oracle has also claimed that with the knowledge of SAP's executive board, SAP workers "made thousands of copies of Oracle's underlying software applications on its computer systems," and that the company used them for training, customer service and "generally to support a business model that was illegal to its core."

SAP has said that TomorrowNow staff made "inappropriate downloads" from Oracle's Web site but has rejected Oracle's claims of a wider pattern of malfeasance. SAP said in July that it would shut down TomorrowNow unit after it failed to find a buyer.

As for SAP's latest filing, the company argues that only one Oracle entity, Oracle International Corporation, has the right to bring a copyright infringement claim against SAP, and not other entities named as plaintiffs in Oracle's third amended complaint, which include J.D. Edwards Europe Ltd.

"In an attempt to circumvent the Copyright Act's standing requirements and inflate the scope of what is, at bottom, a copyright case, Plaintiffs have asserted a variety of state law claims that are preempted by the Copyright Act or dismissed for other reasons," the motion states.

A hearing on the motion is set for Nov. 19. The case's trial date is currently set for February 2010.

An Oracle spokeswoman declined to comment Thursday.

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