Oracle's Ellison to Testify at SAP Trial Over Downloads of Oracle Software

Oracle Chief Executive Officer Larry Ellison, who has said the new head of rival Hewlett-Packard Co. oversaw “industrial espionage” while he was at SAP AG, will testify Nov. 8 at a trial between Oracle and SAP, a lawyer said in court.

Geoffrey Howard, an Oracle attorney, told U.S. District Judge Phyllis Hamilton in Oakland, California, that is his best estimate for when he will call Ellison as a witness. Hamilton asked about high-profile witnesses to make arrangements for potential media interest.

Ellison said in an Oct. 26 statement that Oracle plans to produce evidence that Hewlett-Packard Co. CEO Leo Apotheker was involved in an effort to steal Oracle software while at SAP.

HP says Apotheker had a limited role in the SAP software maintenance unit where the downloads took place, and claims Ellison is seeking to harass him.

Oracle, based in Redwood City, California, the second- largest maker of software for business applications behind SAP, sued its competitor in 2007. It seeks at least $2.3 billion in damages for what a former SAP unit acknowledges were fraudulent downloads of Oracle software that infringed Oracle copyrights.

The case is Oracle Corp. v. SAP AG, 07-01658, U.S. District Court, Northern District of California (Oakland).

To contact the reporter on this story: Karen Gullo in San Francisco at

To contact the editor responsible for this story: David E. Rovella at

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