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A week after a big win against Oracle, German software maker SAP AG is dealt a new blow in a theft case involving a now-defunct subsidiary.

The Justice Department has criminally charged subsidiary, TomorrowNow, with 12 counts related to the theft of software and documents from Oracle Corp. websites in a four-year-old case.

The theft, which SAP has acknowledged, led to a $1.3 billion jury verdict against SAP last year. Last week a federal judge threw out the award, calling it "grossly excessive." Unless Oracle accepts a lower, $272 million award, a new trial will be ordered.

The criminal charges were filed Thursday. SAP will be on the hook for penalties, but the proposed amount is under seal. SAP agreed to a plea deal and sentencing is set for Wednesday.

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