subscribe: Daily Newsletter

 

In Oracle-HP case court finds for HP

0 comments

HP has won its protracted court battle with Oracle, with the court finding Oracle reneged on an agreement to supply software for HP’s Intel Itanium servers.

There will now be a follow-up case to determine damages, which could come in at as much as $600-million – the amount HP says it’s already lost.

Oracle will appeal the judgement.

HP issued the following statement in response to the proposed ruling in the ongoing litigation:

“Today’s proposed ruling is a tremendous win for HP and its customers. The Superior Court of the State of California, Santa Clara County, has confirmed the existence of a contract between HP and Oracle that requires Oracle to port its software products to HP’s Itanium-based servers.

“We expect Oracle to comply with its contractual obligation as ordered by the Court.”

The court found in favour of HP and against Oracle on both the breach of contract and promissory estoppel causes of action brought by HP.

The Settlement and Release Agreement entered into by HP, Oracle and Mark Hurd (previously president of HP, now with Oracle) on 20 September 2010 requires Oracle to continue to offer its product suite on HP’s Itanium-based server platforms and does not confer on Oracle the discretion to decide whether to do so or not.

The court also found that the term “product suite” means Oracle software products that were offered on HP’s Itanium-based servers at the time Oracle signed the Settlement and Release Agreement, including any new releases, versions or updates of those products.

Oracle’s obligation to continue to offer its products on HP’s Itanium-based server platforms lasts until such time as HP discontinues the sales of its Itanium-based servers, according to the judgement, which also found that Oracle is required to port its products to HP’s Itanium-based servers without charge to HP.