Oracle case: SAP expects its co-CEO to testify

SAN FRANCISCO, USA: SAP AG co-chief executive Officer Bill McDermott is expected to testify on Monday as SAP kicks off its defense in a high stakes copyright infringement case brought by Oracle Corp, according to an SAP representative.

Last week, attorneys for Oracle indicated they would conclude their case on Monday, meaning McDermott would be one of SAP's first defense witnesses.

SAP and Oracle, which dominate the global market for software that helps businesses run more efficiently, are battling in court to determine the amount of damages for software theft by SAP.

SAP has accepted liability for its TomorrowNow subsidiary having wrongfully downloaded thousands of Oracle files, but argues it owes tens of millions — not billions — of dollars in compensation.

McDermott was appointed SAP's co-CEO earlier this year and was first named to the company's executive board in 2008, according to SAP's website.

At the time of SAP's acquisition of TomorrowNow in 2005, McDermott was CEO of SAP America, according to court filings. SAP expects him to testify about the company's interactions with its TomorrowNow subsidiary, court filings indicate.

McDermott's appearance would mark the second chief executive to surface in the Oakland, Calif. federal courtroom during the trial. Oracle CEO Larry Ellison took the stand last week.

The case in U.S. District Court, Northern District of California is Oracle USA, Inc., et al. v. SAP AG, et al, 07-1658.