PALO ALTO, CA — (Marketwire) — 05/14/12 — HP (NYSE: HPQ) issued the following statement in response to today-s ruling in the ongoing litigation with Oracle relating to the Intel® Itanium® platform:
“HP is pleased that the Court ruled that the language in the HP/Oracle agreement can be interpreted to require Oracle to continue porting its software products to the HP Integrity platform, as Oracle did for years before the agreement. As the ruling states, Oracle-s interpretation would make the agreement -illusory- and -should be rejected.- We look forward to trial, where the details of Oracle-s deliberate, anticustomer business strategy to drive hardware sales from Itanium to inferior Sun servers will be revealed.”
Of note from the ruling(1):
“In the Court-s view, it is not unreasonable to interpret the Reaffirmation Provision as imposing a prospective obligation on Oracle to continue to offer products for HP-s platforms; the plain language is readily susceptible to that interpretation. If the prior, existing obligation before [Mark] Hurd-s hiring involved a clear and consistent practice in which Oracle offered its product suite on all HP platforms without written porting agreements or payments, then the Court sees no inherent contradiction in -reaffirming- that this arrangement will continue going forward.”
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(1) “Hewlett-Packard v. Oracle Corporation, Tentative Ruling, May 1,” Case No. 1-11-CV-203163, Superior Court of the State of California for the County of Santa Clara.
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