Feeds

Oracle loses appeal in HP row over Itanium

Next up: How much will it have to pay?

The essential guide to IT transformation

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. ®

5 things you didn’t know about cloud backup

More from The Register

next story
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
No, thank you. I will not code for the Caliphate
Some assignments, even the Bongster decline must
Barnes & Noble: Swallow a Samsung Nook tablet, please ... pretty please
Novelslab finally on sale with ($199 - $20) price tag
Banking apps: Handy, can grab all your money... and RIDDLED with coding flaws
Yep, that one place you'd hoped you wouldn't find 'em
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
Primetime precrime? Minority Report TV series 'being developed'
I have to know. I have to find out what happened to my life
Netflix swallows yet another bitter pill, inks peering deal with TWC
Net neutrality crusader once again pays up for priority access
Judge nixes HP deal for director amnesty after $8.8bn Autonomy snafu
Lawyers will have to earn their keep the hard way, says court
Ex-IBM CEO John Akers dies at 79
An era disrupted by the advent of the PC
prev story

Whitepapers

Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
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.
Backing up distributed data
Eliminating the redundant use of bandwidth and storage capacity and application consolidation in the modern data center.
The essential guide to IT transformation
ServiceNow discusses three IT transformations that can help CIOs automate IT services to transform IT and the enterprise
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.