HPE wants Oracle to pay US$3 billion for breach of Itanium contract

A jury trial in a long-running dispute between the two companies begins this week

Hewlett-Packard Enterprise is asking a jury to award the company US$3billion from Oracle after the database giant stopped supporting HPE's Itanium-based hardware, even though it allegedly signed a contract to do so.

A jury trial in the 5-year-old legal dispute between the tech giants is scheduled to begin Tuesday, nearly four years after a California judge first ruled that Oracle must continue porting its software to HPE's Itanium platform. The new trial is scheduled in Santa Clara Superior Court in California.

HP, which has since split into two companies, sued Oracle in 2011, saying the database company's decision to stop offering future versions of its popular database software for Itanium violated a deal the partners signed in 2010. Oracle argued parts of the deal were "a corporate handshake" and didn't impose long-term support obligations.

Oracle's decision to drop support for HP products using the Itanium chip had a huge impact on sales, HPE has argued. Oracle's decision led to $1.7 billion in pretrial lost sales at HP/HPE and an estimated $1.3 billion in future lost sales, HPE's lawyers have estimated.

The case revolves around "Oracle's failure to live up to a clear and simple promise to work with HP in the interests of both companies' mutual customers," HP lawyers wrote in the original complaint. In an eight-month period, Oracle went "from arm-in-arm 'partnership' with Hewlett-Packard to bitter antagonist."

The damages phase of the trial was delayed after Oracle filed a so-called anti-SLAPP (strategic lawsuit against public participation) motion that said HP was infringing on its free speech.

Oracle's lawyers argued that, after the first phase of the trial, "HP received exactly what it sought: Oracle issued a press release announcing that it would deliver future software for Itanium on the same schedule as its software for other platforms."

HPE's request to the jury in the second phase of the trial is that it find Oracle violated an ill-defined "something" in an agreement between the two companies, Oracle's lawyers wrote in a pretrial brief.

HPE is asking the jury to support "new and unsubstantiated" contract breaches not brought up in the first trial, Oracle's lawyers wrote. "HP intends to assert a number of eleventh-hour theories of liability, even though it claims no damages for them," they wrote.

Join the PC World newsletter!

Error: Please check your email address.

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

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

Grant Gross

IDG News Service
Show Comments

Essentials

Microsoft L5V-00027 Sculpt Ergonomic Keyboard Desktop

Learn more >

Lexar® JumpDrive® S57 USB 3.0 flash drive

Learn more >

Mobile

Lexar® JumpDrive® S45 USB 3.0 flash drive 

Learn more >

Exec

Audio-Technica ATH-ANC70 Noise Cancelling Headphones

Learn more >

HD Pan/Tilt Wi-Fi Camera with Night Vision NC450

Learn more >

Lexar® Professional 1800x microSDHC™/microSDXC™ UHS-II cards 

Learn more >

Lexar® JumpDrive® C20c USB Type-C flash drive 

Learn more >

Budget

Back To Business Guide

Click for more ›

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?