HP-Oracle Itanium Contract Trial Interrupted For Day
By Joel Rosenblatt - Jun 13, 2012 12:01 AM ET
A California trial over Hewlett- Packard Co. (HPQ)’s claims that Oracle Corp. broke a contract when it decided last year to stop developing software for some Hewlett- Packard servers is set to resume today after a two-day pause.
The trial, which started June 4, was put on hold for the last two days at the request of both companies, Rowena Walker, a state court clerk in San Jose, California, said in an e-mail. The trial is scheduled to resume today, she said.
In its 2011 complaint, Hewlett-Packard, the world’s largest personal-computer maker, accused Oracle of violating a portion of former Hewlett-Packard Chief Executive Officer Mark Hurd’s separation agreement describing a “reaffirmation of the Oracle- HP partnership.” One month after Hurd’s forced resignation in 2010, he was hired by Oracle CEO Larry Ellison to serve as co- president of the largest database-software maker.
Hewlett-Packard, based in Palo Alto, California, seeks a court order requiring Oracle to continue developing software for its servers running on Intel Corp. (INTC)’s Itanium chips, and about $500 million in damages.
Oracle, based in Redwood City, California, denies Hewlett- Packard’s claims, arguing that the two sentences at issue in the agreement don’t require Oracle to forfeit what software it can develop and what price it can charge.
Michael Thacker, a Hewlett-Packard spokesman, declined to comment on the trial delay. Deborah Hellinger, an Oracle spokeswoman, didn’t immediately respond to phone and e-mail messages seeking comment on it.
The case is Hewlett-Packard Co. v. Oracle Corp. (ORCL), 11- cv-203163, California Superior Court, Santa Clara County (San Jose).
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