Jury to hear HP-Oracle Itanium case in February

A judge has already ruled the two companies had a contract, and Oracle has resumed software porting to Itanium

Hewlett-Packard's lawsuit against Oracle over the latter's decision to halt future software development for Itanium will enter its second phase on Feb. 4, 2013, in front of a jury that will determine whether Oracle breached a contract and what damages it may owe.

The jury trial in the Superior Court of California, County of Santa Clara, is expected to last about three weeks, according to court documents filed on Monday.

The first phase of the case came to a conclusion in August when Judge James Kleinberg, who is presiding over the case, ruled that the two companies had a contract that required Oracle to keep writing software for Itanium-based servers. On the basis of that decision, the judge ruled that Oracle had to continue porting its products to the high-availability hardware platform. Last week, Oracle said it would do so until HP stopped selling Itanium servers. Industry analysts and Itanium users cheered the move.

HP sued Oracle in June 2011 following that company's surprise decision in March 2011 to stop writing versions of its new software releases for Itanium. HP's Integrity line of enterprise servers are the biggest remaining platform for Itanium, which HP originally developed with Intel about 10 years ago. Oracle countersued, saying Itanium was going to be phased out and HP had hid that information.

The case laid bare a long history of conflict between the two companies, which they tried to mend in September 2010 with an agreement over former HP CEO Mark Hurd's move to Oracle. That was where Oracle committed to continued porting, according to HP.

Kleinberg heard arguments and testimony earlier this year to determine whether the Hurd Agreement was a binding contract. He determined it was and ordered Oracle to fulfill it. But it will be up to a jury to decide whether Oracle committed breach of contract and what damages it must pay.

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

Join the PC World newsletter!

Error: Please check your email address.

Struggling for Christmas presents this year? Check out our Christmas Gift Guide for some top tech suggestions and more.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Stephen Lawson

IDG News Service

Most Popular Reviews

Follow Us

Best Deals on GoodGearGuide

Shopping.com

Latest News Articles

Resources

GGG Evaluation Team

Kathy Cassidy

STYLISTIC Q702

First impression on unpacking the Q702 test unit was the solid feel and clean, minimalist styling.

Anthony Grifoni

STYLISTIC Q572

For work use, Microsoft Word and Excel programs pre-installed on the device are adequate for preparing short documents.

Steph Mundell

LIFEBOOK UH574

The Fujitsu LifeBook UH574 allowed for great mobility without being obnoxiously heavy or clunky. Its twelve hours of battery life did not disappoint.

Andrew Mitsi

STYLISTIC Q702

The screen was particularly good. It is bright and visible from most angles, however heat is an issue, particularly around the Windows button on the front, and on the back where the battery housing is located.

Simon Harriott

STYLISTIC Q702

My first impression after unboxing the Q702 is that it is a nice looking unit. Styling is somewhat minimalist but very effective. The tablet part, once detached, has a nice weight, and no buttons or switches are located in awkward or intrusive positions.

Latest Jobs

Shopping.com

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?