Oracle Refused Reconciliation with HP As for the Itanium Case
August 4th 2015 Posted at Databases
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Oracle’s lawyer on Wednesday ruled out the possibility of reaching a settlement with Hewlett-Packard as for the litigation of the Itanium processor. The judge refused to make any judgment which is in favor of any party before the formal hearing.
On Wednesday, at a hearing held in San Jose, California, Oracle’s attorney Dan Wall said that the reconciliation of the case “will not occur”. According to the court documents submitted by Oracle last week, Hewlett-Packard is seeking a compensation of $ 4 billion for lost profits. Oracle argued that HP’s claims are without legal basis. “In this case, (we) will not reach any reconciliation.” Wall said.
Last year, Oracle decided to stop support for Itanium processor. They believed that Intel had made it clear that the chip is about to end its life, and shifted the focus to the x86 processor. But HP said both of the two sides have agreed to continue to support the Itanium processor, and the two sides have made a commitment in the previous reconciliation settlement concerning Oracle employing former HP CEO Mark Hurd. Hewlett-Packard last year brought a suit against Oracle in a California court, believing that the Oracle’s decision “anti-consumer”.
Oracle thought that for HP’s allegations “cannot support the” expectation of damage compensation, and brought a suit against HP for its misleading advertisements and counterclaim, and asserted that HP will not disclose the terms of the contract they signed with Intel. Both sides hoped that the Santa Clara County Superior Court Judge James Kleinberg, before the formal trial, could determine their own winning of the suit. However, in the preliminary hearing on Wednesday, Berg did not make the trial. The case will be conducted as a formal hearing at the end of this month.
On Wednesday, Berg compared the case to “divorce” in the court. “You must be certified to consider the possibility of reconciliation,” he said.
The lawyers of HP in the court have not ruled out the possibility of reconciliation. The judge said the case was “very challenging”, and he did not know what the result will be.
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