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ORACLE CORP. v. SAP AG

No. 12-16944.

765 F.3d 1081 (2014)

ORACLE CORPORATION, a Delaware corporation; Oracle International Corporation; Oracle Systems Corporation; Oracle USA Inc.; Oracle EMEA Limited; J.D. Edwards Europe Limited; Siebel Systems, Inc., Plaintiffs-Appellants, v. SAP AG, a German corporation; SAP America Inc.; TomorrowNow Inc., a Texas corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2014.

Attorney(s) appearing for the Case

Kathleen M. Sullivan , (argued) and William Balden Adams , Quinn Emanuel Urquhart & Sullivan LLP, New York, NY; Dorian Estelle Daley and Jennifer Gloss , Oracle Corporation, Redwood City, CA; Steven Christopher Holtzman and Fred Norton , Boies Schiller & Flexner LLP, Oakland, CA; Geoffrey Mathew Howard , Bingham McCutchen LLP, San Francisco, CA, for Plaintiffs-Appellants.

Tharan Gregory Lanier , (argued), Jane L. Froyd , and Jacqueline K.S. Lee , Jones Day, Palo Alto, CA; Gregory Andrew Castanias , Tara Stuckey Morrissey , Jones Day, Washington, D.C. for Defendants-Appellees.

Before: SUSAN P. GRABER, WILLIAM A. FLETCHER, and RICHARD A. PAEZ, Circuit Judges.

OPINION

W. FLETCHER, Circuit Judge:

Oracle Corporation and SAP AG are competitors in the enterprise software market. In 2007, Oracle et al. (collectively, "Oracle") brought suit against SAP et al. (collectively, "SAP") alleging that TomorrowNow, an enterprise software company recently acquired by SAP, was engaging in systematic and pervasive illegal downloading of Oracle's software. SAP eventually stipulated to liability, and the parties went to trial solely...

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