Tuesday, September 23, 2014
Search
  
Submit your own News for
inclusion in our Site.
Click here...
Breaking News
Microsoft Wireless Display Adapter Connects Miracast Devices to HDTVs
BlackBerry Passport Launches Tomorrow
ASUS ROG Announced The G551 and G771 Gaming Laptops
New VIZIO P-Series Ultra HD LED TVs Start From $1000
Europe Asks More Concessions From Google In Antitrust Dispute
Future Of Apple's Beats Music Remains Uncertain
Facebook to Announce New Advertising Platform : report
New Toshiba Tecra C50 Laptop Delivers Security at Affordable Price
Active Discussions
Yamaha CRW-F1UX
help questions structure DVDR
Made video, won't play back easily
Questions durability monitor LCD
Questions fungus CD/DVD Media, Some expert engineer in optical media can help me?
CD, DVD and Blu-ray burning for Android in development
IBM supercharges Power servers with graphics chips
Werner Vogels: four cloud computing trends for 2014
 Home > News > General Computing > Court R...
Last 7 Days News : SU MO TU WE TH FR SA All News

Tuesday, January 31, 2012
Court Rejects Oracle's Attempt to Use Fraud Claim to Undo Contract with HP


A court in California rejected Oracle's bid to use a fraud claim to undo an agreement to support the Itanium processor, that it is said to have made with Hewlett-Packard.

The rejected fraud claim was an a ttempt by Oracle to get out of the contract it entered into with HP, wherein it committed to continue to offer its product suite on HP's server platforms.

"The alleged fraud did not prevent Oracle from participating in the negotiations or deprive Oracle of the opportunity to negotiate," Judge James P. Kleinberg of the Superior Court of California, Santa Clara County said in a ruling on Monday.

The Judge was referring to HP's settlement agreement in 2010 with Mark Hurd, former CEO of HP, who later joined Oracle as president. Although Oracle was not a party to the previous litigation by HP against Hurd, its participation in the Hurd litigation settlement negotiations was extensive, he added.

Judge Kleinberg also ordered unsealed certain sensitive documents that HP and Oracle had separately filed to the court under seal.

"HP is pleased that the Superior Court of the State of California, Santa Clara County, has rejected Oracle?s attempt to use a fraud claim to undo its contract with HP. We look forward to seeing the facts made public that demonstrate how Oracle's March 2011 announcement to no longer develop software for Itanium servers was part of a calculated business strategy to drive hardware sales from Itanium to inferior Sun servers. This further demonstrates the fact that Oracle breached its contractual commitment to HP and ignored its repeated promises of support to our shared customers, " HP said in a statement.

Oracle announced in March last year its decision not to support servers running Intel's Itanium processors on new versions of its products including its database, claiming that the processors were nearing end-of-life.

HP, which uses the chip in its high-end servers, sued Oracle in June before the Santa Clara county court.

Oracle claimed that HP had deliberately not disclosed at the time of the Hurd settlement that it was about to hire Leo Apotheker, former CEO of rival SAP, and Ray Lane, Oracle's former president and chief operating officer, both well-known Oracle adversaries.

Oracle also alleged that HP had fraudulently induced it to enter into the agreement, as it withheld information that it was secretly paying Intel US$88 million a year to artificially continue the Itanium chip's life span and represent to its public its long term commitment, when Intel otherwise would have ceased development of the processor.

Oracle claimed that HP knew that if Oracle had known about the secret arrangement with Intel, it would not have agreed to software development around the platform.

The ruling also refers to the claim that the Hurd settlement included an agreement from Oracle not to launch a hostile takeover bid on HP for 18 months after the settlement agreement.

Oracle said it was pleased with the court ruling which has rejected HP's attempt to hide the truth about Itanium's certain end of life from its customers, partners and own employees. "We look forward to seeing all of the facts made public that demonstrate how HP has known for years that Itanium is end of life," it added in an apparent reference to the Judge's decision not to seal certain documents.


Previous
Next
AMD Releases New Radeon HD 7950 GPU        All News        McAfee Mobile Security 2.0 Combines New Security Features
Google Offers Tool To Translate JavaScript to Dart     General Computing News      Office 15 Begins Technical Preview

Get RSS feed Easy Print E-Mail this Message

Related News
EMC In Merger Talks With Other Companies: reports
Oracle's Ellison Steps Down
HP Unveils New Detachable PCs And Colorful Chromebooks
HP Recalls Millions Of Power Cords
HP Reports Revenue Gain
HP SlateBook 14 Android Laptop Released
HP Says Internet of Things Devices Are Vulnerable to Attack
HP Pavilion 10z Laptop Uses An AMD Mullins Processor
HP To Settle Lawsuits Over Deal For Autonomy Acquisition
Oracle To Buy Micros Systems
HP Works On 'Machine' New Server Hardware
Oracle Accelerates Its Databases

Most Popular News
 
Home | News | All News | Reviews | Articles | Guides | Download | Expert Area | Forum | Site Info
Site best viewed at 1024x768+ - CDRINFO.COM 1998-2014 - All rights reserved -
Privacy policy - Contact Us .