Feeds

HP asks court to force Oracle to obey Itanium contract

'But there is no contract!' - Oracle

Providing a secure and efficient Helpdesk

HP has told a US court that it should force Oracle to keep supporting its Itanium-based servers for as long as HP sells them.

The firm's lawyer said in closing arguments in the case that Oracle was contractually obliged to support Itanium chips based on the Hurd agreement. Oracle stood by its position that the Hurd agreement contained no such contract.

"HP is using litigation to try to get a contract that HP doesn't have," Oracle lawyer Dan Wall said in court on Tuesday, Reuters reported.

Oracle stopped making software compatible with Itanium chips last year because it claims Intel made it clear that the chip was about to be discontinued in favour of X86 processors. HP claims that Oracle had agreed to keep supporting Itanium and that deal was affirmed when the firms settled their lawsuit over Oracle hiring ex-HP chief exec Mark Hurd. Without Oracle's support, HP's gear using the chip will become obsolete.

"For years, Oracle led HP to believe it would continue to make the products available," HP lawyer Jeff Thomas said, according to Bloomberg.

He maintained that HP thought the pair's happy relationship might be in doubt when Oracle hired Hurd – and that's why it asked the firm to put the assurances into a binding contract.

HP is trying to get a court order to force Oracle to keep making the necessary software and cough up around $500m in damages. Failing that, HP reckons it should get over $4bn in damages based on projected losses to 2020, a person familiar with the case told Bloomberg.

Oracle legal eagle Wall said that the Hurd agreement doesn't have "a single word about future software" in it and HP has no evidence of any Oracle employee ever giving any assurances.

"Oracle and HP don't have any such forward-porting agreement," he said, adding that the firm was trying to use a load of emails and other documents to try to make it look like there was an agreement where none existed.

The judge in the case, James Kleinberg, will decide on the first phase of the case - whether or not there is a contract and if there is, what its terms might be - sometime after the firms have filed their last documents on 16 July. If he decides a contract does exist, a jury will then decide if Oracle violated it, as well as setting an amount for damages. ®

Beginner's guide to SSL certificates

More from The Register

next story
Facebook, Apple: LADIES! Why not FREEZE your EGGS? It's on the company!
No biological clockwatching when you work in Silicon Valley
Doctor Who's Flatline: Cool monsters, yes, but utterly limp subplots
We know what the Doctor does, stop going on about it already
'Cowardly, venomous trolls' threatened with TWO-YEAR sentences for menacing posts
UK government: 'Taking a stand against a baying cyber-mob'
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
Arab States make play for greater government control of the internet
Nerds told to get lost in last-minute power grab bid at UN meeting
Zippy one-liners, broken promises: Doctor Who on the Orient Express
Series finally hits stride, but Clara's U-turn is baffling
Don't bother telling people if you lose their data, say Euro bods
You read that right – with the proviso that it's encrypted
Apple SILENCES Bose, YANKS headphones from stores
The, er, Beats go on after noise-cancelling spat
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
Win a year’s supply of chocolate
There is no techie angle to this competition so we're not going to pretend there is, but everyone loves chocolate so who cares.
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?
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.