U.S. District Judge Phyllis Hamilton wrote on Thursday that if the companies cannot agree on June, the next available firm trial date is not until August 2013.

A Northern California jury had determined in 2010 that Oracle should be paid $1.3 billion over accusations SAP subsidiary TomorrowNow wrongfully downloaded millions of Oracle files.

However, Hamilton last year found that Oracle had proven actual damages of only $272 million. Hamilton said Oracle could accept a $272 million award, or opt for a new trial against SAP.

Oracle chose a retrial earlier this month.

Hamilton said the two weeks at the end of June is the only available time in 2012. Representatives for both companies could not immediately be reached for comment.

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

(Reporting By Dan Levine; Editing by Tim Dobbyn)

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