Oracle plans to acquire BEA Systems a middleware developer for $8.5 billion in a cash deal, the company announced Wednesday.

Under this deal, which is expected to close by the middle of the year 2008, Oracle agreed to pay nearly $19.38 per share. That purchase price is above Oracle’s initial offer of $17 a share, which BEA had rejected earlier, saying that it would need $21 a share for any party to enter acquisition talks with the company.

This would make Oracle to substitute it’s fusion middleware with better middleware product out in the market.

Oracle has just filed new charges against rival ERP leader SAP in the corporate espionage case between the rival enterprise software vendors

Oracle intially sued SAP in March 2007, caliming that TomorrowNow (SAP’s subsidary) had infringed on Oracle copyrights by downloading support material from PeopleSoft customer connection, which is only intended for their customers.

The charges to the case is that SAP also used login credentials from legitimate clients to download the documents and software for which SAP and and its clients had not purchased a licence.

TomorrowNow is specialized in supporting the PeopleSoft appications and SAP acquired the company 2005.

SAP AG declined to comment on the Oracle Charges.