Oracle has failed to persuade a federal appeals court to restore $1.3 billion judgment in its copyright-infringement lawsuit against SAP, but will have the options of taking a lesser amount of money or pursuing a new trial.

The jury initially awarded the $1.3 billion to Oracle in 2010, but the judgment was subsequently vacated by U.S. District Court Judge Phyllis Hamilton, who had overseen the case. Hamilton found the jury overreached and said Oracle could accept a lower award of $272 million or seek a new trial.

Oracle at first opted for a new trial, but then reached a settlement wherein SAP would pay out $306 million, with Oracle reserving the right to appeal Hamilton’s ruling overturning the $1.3 billion judgment.

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