Feeds

HP asks court to force Oracle to obey Itanium contract

'But there is no contract!' - Oracle

High performance access to file storage

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. ®

High performance access to file storage

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
German space centre endures cyber attack
Chinese code retrieved but NSA hack not ruled out
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Big Content goes after Kim Dotcom
Six studios sling sueballs at dead download destination
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Alphadex fires back at British Gas with overcharging allegation
Brit colo outfit says it paid for 347KVA, has been charged for 1940KVA
Jack the RIPA: Blighty cops ignore law, retain innocents' comms data
Prime minister: Nothing to see here, go about your business
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.