Oracle Corp. squeezed an extra $85 million from the Ninth Circuit in its copyright infringement battle with SAP AG,, but lost its push to claim damages based on a hypothetical product license.

Oracle’s lawyers wanted to reinstate a $1.3 billion verdict against German competitor SAP. Instead, the U.S. Court of Appeals for the Ninth Circuit offered the company its choice of either $356.7 million in damages or the gamble of a new trial.