Oracle will seek a new trial in a long-running copyright infringement battle with rival SAP rather than accept a reduced damages from the German software maker.

Last year a US judge ruled that Oracle should receive no more than $272m in damages from SAP or seek a new trial, throwing out an original $1.3bn jury award over copyright infringement by a former SAP subsidiary.

But in an Oakland court filing on Monday, the US software group said a new trial would be the only way to “vindicate the verdict of the jury and Oracle’s intellectual property rights as a copyright owner”, news wires reported.

SAP issued a statement saying it was “disappointed that Oracle has passed up yet another opportunity to resolve this case. We will continue to work to bring this case to a fair and reasonable end”.

SAP’s shares slipped by 0.4 per cent to €47.90 in early trading on Tuesday.

The dispute stems from the unauthorised access to Oracle’s computer systems gained by TomorrowNow, a software support and maintenance company acquired by SAP in 2005.

Larry Ellison, Oracle’s chief executive, accused SAP of “industrial espionage and intellectual property theft”, helping the colourful legal battle become the talk of the tech community.

Although the German software company admitted in court that its subsidiary had copied large amounts of software code, it rejected Oracle’s large damages claim.

SAP currently has the wind in its sails, having achieved record results last year thanks to product launches that helped it gain market share from rivals. By contrast, Oracle last month said sales growth had slowed.

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