August 1, 2012 - HP Wins Court Ruling in Itanium Litigation
Contract Requires Oracle to Port Its Software to Itanium-Based Servers
The U.S. court issued a proposed ruling on the first phase of HP’s trial against Oracle and confirmed the existence of a contract between HP and Oracle that requires Oracle to continue to port its software products to HP’s platforms, including Integrity. HP issued the following statement in response to today’s proposed ruling in the ongoing litigation with Oracle relating to the Intel® Itanium® platform:
“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 ordered and declared as follows:
Read the official ruling on the court website.
Oracle filed its objections to the August 1 Proposed Ruling on August 16. You can read Oracle’s objections on the court website .
The next step in the process is the Court’s finalization of its ruling, and we expect that the Court will issue the final ruling as early as the end of August.
Additionally, the Court has moved the second phase pre-trial conference with HP and Oracle from August 22 to August 29. The pre-trial conference will address a schedule for the second phase of trial.
In its objections, Oracle stated it was willing to resume porting its software to HP’s Itanium-based servers, but only if the Court and HP allowed Oracle to take an immediate appeal from the Court’s ruling on the first phase of trial and thereby delay the start of the second phase of trial and completion of the case. HP believes that Oracle has no basis to continue to refuse to port its software to HP’s Itanium-based servers and should comply with the Court’s ruling and resume porting immediately and without conditions. HP is not willing to accept the delay associated with Oracle’s appeal proposal and believes this case needs to press forward as soon as possible to restore certainty in the marketplace.
On August 28 the U.S. court issued a final statement of decision on the first phase of HP’s trial against Oracle confirming the existence of a contract between HP and Oracle that requires Oracle to continue to port its software products to HP’s platforms, including Integrity. The final statement of decision is consistent with the Court’s preliminary ruling in HP’s favor in all material respects.
During a pre-trial conference on August 29, the U.S. court judge confirmed that the second phase of the trial will proceed in the near future. The judge also expressly rejected Oracle’s various arguments in its August 16 objections to the court’s Phase One Decision and additionally confirmed that the court’s findings from the Phase One trial will be binding on the parties in the Phase Two trial.
The judge intends to schedule the second phase of trial on September 10. HP expects that the date will be set for later this year and has requested a date as early as mid-October. The second phase of the trial will address whether in fact Oracle breached the contract and if so, what damages and/or remedies HP would be entitled to receive as a result.
On Tuesday, September 4, 2012 Oracle issued a statement indicating it will continue porting its software portfolio to Itanium as a result of the US court’s August 28, 2012 final statement of decision on the first phase of HP’s trial against Oracle, in which the court confirmed the existence of a contract between HP and Oracle that requires Oracle to continue to port its software products to HP’s platforms, including Integrity.
On behalf of our customers, HP is very pleased that Oracle will comply with the ruling, and HP hopes that Oracle's announcement will once again enable HP Integrity customers to make their IT plans knowing that they will be able to utilize the most up-to-date versions of Oracle's suite of software products for HP-UX, OpenVMS and NonStop.
Oracle Issues Statement
REDWOOD SHORES, Calif., September 4, 2012
Oracle issued the following statement today:
Previously, Oracle announced that it would stop developing new versions of its software on Itanium microprocessors. For example, that meant version 12c of the Oracle database due out in early 2013 would not be available on Itanium. However, a judge recently ruled that Oracle has a contract to continue porting its software to Itanium computers for as long as HP sells Itanium computers. Therefore, Oracle will continue building the latest versions of its database and other software covered by the judge's ruling to HP Itanium computers. Oracle software on HP's Itanium computers will be released on approximately the same schedule as Oracle software on IBM's Power systems.
By filing this petition, Oracle is asking that the appellate court delay proceedings in the trial court, including the scheduled February 2013 Phase 2 trial, and hear Oracle’s appeal of the trial court’s Phase 1 ruling now rather than at the conclusion of the case next year. Oracle’s petition is an extraordinary request and one that the appellate court rarely grants. However, if it were granted, the Phase 2 trial would be put on hold while the merits of the Phase 1 ruling are briefed before the appellate court. Although there is no set timetable for the appellate court to rule on Oracle’s petition, we expect a ruling within a few weeks.
HP opposes Oracle’s October 15 appellate filing and Oracle’s efforts to avoid the Phase 2 trial. HP believes that the trial court’s Phase 1 ruling was correct in all respects and that this case needs to press forward to completion as soon as possible to restore certainty in the marketplace.
Oracle’s October 15 appellate filing should not impact the decision by Oracle to resume building its suite of software products on HP’s Integrity Itanium-based servers.