[Info-vax] Oracle loses appeal in HP/Oracle Lawsuit

[Keith Parris]

After Phase 1 of the HP Oracle lawsuit, which determined that there was 
indeed a contract between HP and Oracle that required Oracle to support 
its software on Itanium systems, Oracle appealed the decision. If their 
appeal were successful, that would be the end of the case.

But Oracle’s appeal was denied last Thursday by the California 6th 
District Court of Appeals (see 
http://appellatecases.courtinfo.ca.gov/search/case/disposition.cfm?dist=6&doc_id=2027505&doc_no=H038880). 


So Phase 2 of the trial will now proceed, which is to determine if 
Oracle breached the contract and if so, what damages are due HP. A 
pre-trial hearing is scheduled for March 20 and the trial is scheduled 
to begin April 8, according to the “Update for HP-Oracle Joint 
Customers” on HP’s website at 
http://h20341.www2.hp.com/integrity/us/en/systems/customer-oracle.html.

The San Jose Mercury News article on this is at 
http://www.mercurynews.com/business/ci_22498649/judge-denies-oracle-attempt-end-hewlett-packards-itanium. 
Computerworld’s report is at 
http://www.computerworld.com/s/article/9236432/Oracle_loses_appeal_of_ruling_in_HP_suit.