Feeds

Oracle loses appeal in HP row over Itanium

Next up: How much will it have to pay?

Reducing security risks from open source software

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. ®

Eight steps to building an HP BladeSystem

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
White? Male? You work in tech? Let us guess ... Twitter? We KNEW it!
Grim diversity numbers dumped alongside Facebook earnings
Bose says today IS F*** With Dre Day: Beats sued in patent battle
Music gear giant seeks some of that sweet, sweet Apple pie
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
Amazon Reveals One Weird Trick: A Loss On Almost $20bn In Sales
Investors really hate it: Share price plunge as growth SLOWS in key AWS division
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
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.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.