SAP SE was sued by supply chain artificial intelligence firm o9 Solutions Inc., which claimed three of its former executives stole trade secrets for the European software giant.

In a complaint filed November 25 in Dallas federal court, o9 claimed the stolen trade secrets concerned the design, implementation and testing of its supply chain management software. The company, whose backers include KKR & Co. and General Atlantic, was valued in 2023 at $3.7 billion.

According to o9’s suit, longtime market leader SAP was losing customers to competitors in the business-planning software space due to its outdated platform. As a result, SAP allegedly launched an “aggressive campaign” to target o9’s trade secrets. Since the documents were reportedly stolen, o9 claims SAP has altered its software to closely mirror the startup’s offerings.

“SAP is committed to the highest standards of business ethics and respects the intellectual property rights of others,” the company said in statement, “We will review o9’s complaint and will respond, as appropriate, within the legal process.”

The lawsuit also names as defendants the three former o9 executives, all based in the Netherlands, whom the company says participated in the trade secrets theft by downloading tens of thousands of documents. All three were in communication with employees at SAP, including about the documents, prior to their departure, o9 claims. 

According to the suit, Stephan de Barse, o9’s former chief revenue officer, is now president of SAP’s global business suite; former o9 Global Senior Vice President Sean Zonneveld is now global chief revenue officer for procurement at SAP; and Stijn-Pieter van Houten, a former o9 senior vice president and knowledge innovation lead, is now SAP’s chief product officer for supply chain management planning.

Lawyers for the o9 said the company understood the importance of fair competition and employee mobility. 

“However, o9 cannot — and will not — allow its trade secrets to be misappropriated,” they said in the suit. “Trade secret theft fundamentally undermines the substantial investments that o9 has made in researching, developing, and providing clients with transformative solutions that enhance their business operations.”