CRN reported Wednesday that Oracle, which is suing SAP for theft of its intellectual property by a now-defunct subsidiary, has hired detectives to located Apotheker, a former SAP executive, so he can be subpoenaed to testify in the case. "Oracle believes his testimony will buttress its case against its software rival," the story says.
But how exactly will it "buttress" the case? SAP has already accepted responsibility for the theft. All they're arguing over now is the amount of damages that SAP should have to pay. And since the parties have reached an agreement regarding punitive damages-for $120 million, Oracle agreed not to seek them-the only damages at issue here are compensatory ones. Oracle must prove the amount of actual damage it suffered as a result of TomorrowNow's theft.
Whether Apotheker was aware of it would only be relevant if punitive damages were at stake. But then, I think Oracle's motive here has more to do with distracting HP and Apotheker from their business than it does with the actual lawsuit.