Oracle and SAP ordered into TomorrowNow mediation

The US judge hearing the Oracle lawsuit brought against SAP support subsidiary, TomorrowNow has ordered it be sent to mediation.

The decision, which was taken after a case management conference between the parties on Tuesday, was made public late yesterday when SAP posted the mediation order document on the website it set up to track the case.

Neither SAP or Oracle would comment on the judge's decision to push for a mediated settlement in the case, although SAP has previously stated that negotiation was its preferred means of resolving the dispute with Oracle.

The lawsuit stems from Oracle allegations of 'corporate theft on a grand scale' made last year against TomorrowNow. Oracle said the support firm's employees illegally accessed and downloaded product information from a secure Oracle support website to gain competitive advantage with its customers.

SAP's TomorrowNow provides third-party support services for PeopleSoft, Siebel and J.D. Edwards software products that are owned by Oracle.

Previously, Oracle has stated it was against mediation and that it was only natural for SAP to want to reach a settlement, accusing it SAP of trying to "make this case go away".

But mediation may not be the most speedy option for resolving the dispute between these giant software vendors according to other case filings. One, dated 29 January, suggested the cases Oracle uncovered were only part of "a broader programme of copyright infringement that is entirely different from the scheme alleged in the current complaint".

In the fling, Oracle added, it is in the process of "gathering additional facts and analysing the need to file an amended complaint that will encompass these new claims," which may yet prevent this long-running case from reaching an amicable resolution.

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