Oracle is to claim damages of $776.7 million in a retrial against SAP, alleging copyright infringement.

Oracle launched the case after failing to accept US District Judge Phyllis Hamilton's reduction of $1.3 billion to $272 millionawarded to the company by a jury in a previous case.

According to Bloomberg, Oracle has claimed the right to pursue actual damages measured by the "fair market value of the rights infringed." The firm has asked Judge Hamilton to let it present evidence of a "hypothetical license" to establish the "fair market value". If not allowed to do so, Oracle stated it will pursue damages based on $656m in SAP's profits and $120.7m in Oracle's lost profits, according to the April 26 filing.

A spokesman for SAP told Bloomberg: "We think Oracle's damage estimate is overstated."

SAP estimates damages at $28 million, said the report.

In November 2010, a jury awarded Oracle $1.3bn, a record for copyright infringement. During the 11 day trial, Oracle accused SAP's TomorrowNow software-maintenance unit of making hundreds of thousands of illegal downloads and several thousand copies of Oracle's software. Oracle said SAP's aim was allegedly to avoid paying licensing fees and to steal customers.

In a further ruling in September 2011, Hamilton stated that SAP should get a new trial for damages if Oracle rejects her decision to reduce the amount to $272m.