Feeds

Oracle: HP settlement is 'not going to happen'

Lawsuit over Itanium processor to hit trial on 29 May

The essential guide to IT transformation

An Oracle attorney has said that the company won't be settling with HP in the lawsuit over the Itanium processor, after the judge denied both their motions to summarily hand over the win to them.

At a hearing in California yesterday, Dan Wall said a settlement "isn't going to happen", Reuters reported.

"In this one, it is not going to work out," he added.

The two companies have been scheduled to attend a mandatory settlement conference on 23 May, a last attempt to sort the lawsuit out before trial starts on 29 May.

Presiding Judge James Kleinberg said the case was like "the end of a marriage" between the two firms and urged them "to give serious consideration to settlement".

But neither side seem likely to back down. Both had applied to the court for summary adjudication, basically saying that their cases were so strong, victory should just be handed to them without trial.

However, Kleinberg denied both motions (PDF) in a tentative ruling on Tuesday, leaving the forced settlement talks as the last chance for the technology giants to avoid the impending trial.

HP and Oracle are locked in an acrimonious tussle over the demise of the Itanium processor from Intel. Oracle stopped making software for the Itanium last year, claiming that Intel had made it clear that the chips were on the way out and it would now be turning its attention to its x86 processors.

This really ticked HP off because its Integrity servers were running on Itanium and it alleges that Oracle had promised to keep up support for the chips.

HP slapped the suit on Oracle over the chips in June last year, then Oracle retaliated in December claiming fraud, defamation and all sorts over the notorious Hurd Agreement, reached after HP sued Oracle for hiring ex-CEO Mark Hurd. And things haven't been the same between the one-time partners since.

HP did not say anything about its willingness to settle at yesterday's court hearing, but did say they would be at the settlement conference later this month. ®

5 things you didn’t know about cloud backup

More from The Register

next story
True fact: 1 in 4 Brits are now TERRORISTS
YouGov poll reveals terrible truth about the enemy within
Hello, police, El Reg here. Are we a bunch of terrorists now?
Do Brits risk arrest for watching beheading video nasty? We asked the fuzz
Snowden on NSA's MonsterMind TERROR: It may trigger cyberwar
Plus: Syria's internet going down? That was a US cock-up
UK government accused of hiding TRUTH about Universal Credit fiasco
'Reset rating keeps secrets on one-dole-to-rule-them-all plan', say MPs
Caught red-handed: UK cops, PCSOs, specials behaving badly… on social media
No Mr Fuzz, don't ask a crime victim to be your pal on Facebook
e-Borders fiasco: Brits stung for £224m after US IT giant sues UK govt
Defeat to Raytheon branded 'catastrophic result'
NBN Co claims 96 mbps download speeds for FTTN trial
Umina trial also delivers 30 mbps uploads, but exact rig used not revealed
Don't even THINK about copyright violation, says Indian state
Pre-emptive arrest for pirates in Karnataka
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
7 Elements of Radically Simple OS Migration
Avoid the typical headaches of OS migration during your next project by learning about 7 elements of radically simple OS migration.
BYOD's dark side: Data protection
An endpoint data protection solution that adds value to the user and the organization so it can protect itself from data loss as well as leverage corporate data.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?