Feeds

Oracle loses appeal in HP row over Itanium

Next up: How much will it have to pay?

Maximizing your infrastructure through virtualization

Oracle's last-ditch effort to wriggle out of a judgment requiring it to continue support for HP's Itanium-based servers has failed, leaving only the issue of damages to be resolved.

In August 2012, a San Jose, California court ruled that Oracle had violated the terms of its contract with HP when it announced that it would no longer produce versions of its database, middleware, and applications software for Intel's Itanium processors.

Oracle filed an appeal of that ruling in October, arguing that "HP's argument turns the concept of Silicon Valley 'partnerships' upside down."

But the California appeals court apparently disagreed with that view, and on Thursday it summarily denied Oracle's petition without further comment.

In the suit, HP argued that Oracle had entered into a legally binding agreement to continue to produce software for Itanium as part of its settlement of the earlier lawsuit over Oracle's hiring of former HP CEO Mark Hurd.

But Oracle countered that all of this business about Itanium was really more of a nod and a wink than an actual contract, and that it had never given HP any assurances about its future plans for the platform (or lack thereof). In fact, Oracle's lawyers contended, the Mark Hurd agreement never mentioned the word software at all.

The court rejected that argument, however, finding Oracle guilty of both breach of contract and promissory estoppel – the latter term meaning Oracle had damaged HP by willfully breaking a firm promise.

With Oracle's appeal now out of the way, the trial can move forward into its next phase, in which HP will make its case for damages. Those hearings are currently scheduled to begin in April.

Early in the suit, HP said that it would ask the court for as much as $4bn in damages – based on projected ongoing losses through 2020 – if Oracle did not resume production of software for Itanium. Since Oracle has, HP will likely seek something more in the realm of $500m.

HP and Oracle both declined to comment on Thursday's decision. ®

Top three mobile application threats

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Nadella: Apps must run on ALL WINDOWS – PCs, slabs and mobes
Phone egg, meet desktop chicken - your mother
White? Male? You work in tech? Let us guess ... Twitter? We KNEW it!
Grim diversity numbers dumped alongside Facebook earnings
Microsoft: We're making ONE TRUE WINDOWS to rule us all
Enterprise, Windows still power firm's shaky money-maker
HP, Microsoft prove it again: Big Business doesn't create jobs
SMEs get lip service - what they need is dinner at the Club
ITC: Seagate and LSI can infringe Realtek patents because Realtek isn't in the US
Land of the (get off scot) free, when it's a foreign owner
Dude, you're getting a Dell – with BITCOIN: IT giant slurps cryptocash
1. Buy PC with Bitcoin. 2. Mine more coins. 3. Goto step 1
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
prev story

Whitepapers

Top three mobile application threats
Prevent sensitive data leakage over insecure channels or stolen mobile devices.
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.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Application security programs and practises
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.