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HP seeks pretrial ruling in Itanium lawsuit against Oracle

John Ribeiro | March 27, 2012
Hewlett-Packard filed Monday for a pretrial ruling that Oracle is contractually required to offer future versions of its software on the Itanium platform, claiming that an agreement between HP and Intel ensured that the Itanium was not an end-of-life processor as claimed by Oracle.

HP maintains that its settlement agreement in 2010 with Mark Hurd, former CEO of HP, who later joined Oracle as president, included a provision that Oracle will continue to port its software to the Itanium platform. Oracle has denied any obligation in its own filing on Monday, describing HP's lawsuit against Hurd as an "employment dispute."

The litigation had nothing to do with whether Oracle ported software to HP, the prices Oracle charged for its software when it ran on HP platforms, or any other commercial matter, Oracle said in the filing.

"We don't believe, nor do we think HP really believes, that a settlement agreement relating to Mark Hurd's employment could possibly obligate Oracle to write new software for a platform that is clearly end of life," Oracle counsel Dan Wall said in a statement on Monday. "We are pleased the Court now has the evidence needed to see HP's purported contract claims for what they are," he added.

 

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