Menu
Oracle-HP court battle over Itanium delayed indefinitely

Oracle-HP court battle over Itanium delayed indefinitely

An oft-delayed jury trial over damages was set to start next week but is now postponed indefinitely pending an appeal

Oracle and Hewlett-Packard's ongoing legal battle over software for Itanium has run into another delay, and this time there's no telling how long it will last.

HP sued Oracle in 2011 after the database company announced it would stop porting software to Itanium, the chip architecture at the heart of HP's high-end "business critical" servers. HP won in the first phase of the case last year, when Judge James Kleinberg of the Santa Clara Superior Court ruled that Oracle had to resume porting.

The second phase of the trial, where HP is expected to seek about US$4 billion in damages from Oracle, has been delayed several times and now has no trial date at all.

Oracle had sought to shut down the damages phase of the trial by filing a so-called anti-SLAPP (strategic lawsuit against public participation) motion that said HP was infringing on its free speech. On Monday, Kleinberg dismissed that motion on the grounds it was filed too late. Oracle promptly appealed Kleinberg's decision to a higher court.

Though Kleinberg at first rescheduled the trial to start next Monday, on Tuesday he vacated the trial date completely pending a decision on the appeal. The next time HP's and Oracle's lawyers are scheduled to meet in court will be at a status conference on May 10.

The lawsuit set two formerly close business partners against each other after a series of events that gradually soured their relationship. At the heart of the case is an agreement the companies reached after former HP CEO Mark Hurd was fired in August 2010 and joined Oracle only a month later.

Stephen Lawson covers mobile, storage and networking technologies for The IDG News Service. Follow Stephen on Twitter at @sdlawsonmedia. Stephen's e-mail address is stephen_lawson@idg.com


Follow Us

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags OraclelegalserverssoftwareHewlett-Packardhardware systemsCivil lawsuits

Featured

Slideshows

Meet the leading female front runners of the Kiwi channel

Meet the leading female front runners of the Kiwi channel

Reseller News honoured the leading female front runners of the New Zealand channel at the 2018 Women in ICT Awards (WIICTA) in Auckland. The awards honoured standout individuals across seven categories, spanning Entrepreneur; Innovation; Rising Star; Shining Star; Community; Technical and Achievement.

Meet the leading female front runners of the Kiwi channel
Meet the top performing customer-centric Microsoft channel partners

Meet the top performing customer-centric Microsoft channel partners

Microsoft honoured leading partners across the channel following a year of customer innovation and market growth in New Zealand. The 2018 Microsoft Partner Awards recognised excellence within the context of the end-user, spanning a host of emerging and established providers.

Meet the top performing customer-centric Microsoft channel partners
Reseller News launches new-look Awards at 2018 Judges’ Lunch

Reseller News launches new-look Awards at 2018 Judges’ Lunch

Introducing the Reseller News Innovation Awards, launched to the channel at the 2018 Judges’ Lunch in Auckland. With more than 70 judges now part of the voting panel, the new-look awards will reflect the changing dynamics of the channel, recognising excellence across customer value and innovation - spanning start-ups, partners, distributors and vendors.

Reseller News launches new-look Awards at 2018 Judges’ Lunch
Show Comments