Where in the World is Leo Apotheker?

By Reuters  |  Print this article Print

In the Oracle, SAP trial, Oracle CEO Larry Ellison testified that SAP's theft of his company's software cost Oracle $4 billion. Meanwhile, Oracle has hired private detectives to track down former SAP CEO Leo Apotheker, current HP CEO, to deliver a subpeona to him.

HP has declined to say whether Apotheker is working out of the company's Palo Alto, California, headquarters or one of its other offices scattered across the globe. Apotheker's attorneys at the Gibson Dunn & Crutcher law firm have also declined to accept an Oracle subpoena, the source said.

For now, Ellison is the star witness in the trial.

Ellison began his testimony by saying Oracle would come close to going out of business if his company's software was not protected by copyright laws. Oracle spends several billions of dollars a year on product development.

"We'd have a hard time paying 100,000 employees," he told the jury of eight men and women.

Oracle could have charged SAP $4 billion to license the programs that were wrongfully downloaded, he said.

Ellison has claimed that TomorrowNow could have taken 20 percent to 30 percent of the customers for its PeopleSoft and J.D. Edwards brands of business management software.

But he could not cite any documentation from 2005 to back that up.

SAP has admitted TomorrowNow wrongly downloaded files from Oracle's customer service website but says SAP executives did not know of any wrongdoing when they bought the company in 2005. SAP shut TomorrowNow, which provided software maintenance services such as upgrades and bug fixes, after Oracle filed its lawsuit.

In 2005, SAP launched a marketing program dubbed "Safe Passage" through which it tried to persuade Oracle customers to switch to SAP software. It offered discounted maintenance on existing Oracle products through TomorrowNow, and then encouraged customers to gradually replace that software with SAP programs.

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

(Writing by Jim Finkle; Editing by Richard Chang, Gary Hill)