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BY MAUREEN O'GARA

Oracle is appealing to get the whole $1.3 billion in damages a California jury awarded it last year in its copyright infringement case against rival SAP.

SAP admitted that its third-party maintenance subsidiary TomorrowNow illegally downloaded scads of software from Oracle's servers.

The trial judge thought the award was "grossly" over the top and offered Oracle $272 million or a new trial. SAP offered Oracle $306 million to make the specter of another image-damaging trial go away.

Oracle is appealing in hopes of seeing more money.

"SAP is disappointed that Oracle continues to prolong the case. We agreed to reasonable terms in this case, as we believe it's gone on long enough. We remain determined to work through the legal process to bring this case to resolution," the German company said.

SAP told Reuters "worst case the appeal could take two years."

Oracle accepted the $306 million on the understanding the deal would free the case from the district court so it could appeal. It will get the $306 million consolation prize no matter what happens.

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