A Northern California jury determined in 2010 that Oracle should be paid $1.3 billion over accusations that SAP subsidiary TomorrowNow wrongfully downloaded millions of Oracle files.
But US District Judge Phyllis Hamilton found that Oracle had proven actual damages of only $272 million. She said Oracle could accept a $272 million award or opt for a new trial against SAP.
Oracle liked the last trial so much that it wants to go through the whole thing again.
According to Reuters, Oracle said it had "no choice" but to seek a new trial, so it could vindicate the original jury's verdict.
The last trial was a mess. Press interest was focused on whether or not Oracle could get the then-new CEO of HP, Leo Apotheker, into the court room to ask embarrassing questions.
Apotheker was the head of SAP when it bought TomorrowNow and when the piracy was found to have been taking place, shut the thing down.