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WALLDORF, Germany and NEWTOWN SQUARE, Pa – August 05, 2010 – As the scheduled trial approaches, SAP AG (NYSE: SAP) today announced another step in its continuing efforts to resolve the TomorrowNow lawsuit. In pre-trial filings made today to the Court, SAP proposed that it would not contest the liability of TomorrowNow for copyright infringement and downloading conduct alleged in Oracle’s complaint. SAP further stated that it will accept financial responsibility for any judgment awarded against TomorrowNow, despite the fact that SAP was not involved in TomorrowNow’s service operations and did not engage in any of the copying or downloading alleged in Oracle’s complaint.

Importantly, SAP said it will continue to present arguments and evidence demonstrating that Oracle’s damages claims in this matter are vastly overstated.

“By accepting responsibility for TomorrowNow’s actions, SAP is taking a decisive move to focus the issues in the case. We acknowledged three years ago that TomorrowNow made mistakes, and we took direct action to address Oracle’s concerns, including shutting down the company nearly two years ago,” said Werner Brandt, CFO, SAP. “SAP is committed to compensating Oracle for the harm the limited operations of TomorrowNow actually caused. Oracle’s unreasonable damages claims are an unproductive distraction as we work to find a fair resolution in this case.”

The trial is currently scheduled to begin on November 1, 2010. It is scheduled for six weeks. For more information on the case, please visit http://www.tnlawsuit.com.

About SAP
SAP is the world’s leading provider of business software(*), offering applications and services that enable companies of all sizes and in more than 25 industries to become best-run businesses. With more than 102,500 customers in over 120 countries, the company is listed on several exchanges, including the Frankfurt stock exchange and NYSE, under the symbol “SAP.” For more information, visit www.sap.com.

(*) SAP defines business software as comprising enterprise resource planning, business intelligence, and related applications.

Any statements contained in this document that are not historical facts are forward-looking statements as defined in the U.S. Private Securities Litigation Reform Act of 1995. Words such as “anticipate,” “believe,” “estimate,” “expect,” “forecast,” “intend,” “may,” “plan,” “project,” “predict,” “should” and “will” and similar expressions as they relate to SAP are intended to identify such forward-looking statements. SAP undertakes no obligation to publicly update or revise any forward-looking statements. All forward-looking statements are subject to various risks and uncertainties that could cause actual results to differ materially from expectations. The factors that could affect SAP’s future financial results are discussed more fully in SAP’s filings with the U.S. Securities and Exchange Commission (“SEC”), including SAP’s most recent Annual Report on Form 20-F filed with the SEC. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of their dates.

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SAP, R/3, mySAP, mySAP.com, xApps, xApp, SAP NetWeaver and other SAP products and services mentioned herein as well as their respective logos are trademarks or registered trademarks of SAP AG in Germany and in several other countries all over the world. All other product and service names mentioned are the trademarks of their respective companies. Data contained in this document serve informational purposes only. National product specifications may vary.

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