New Episode in Itanium Saga Sees Oracle Lose in a Move Against HP

One wouldn't think that a server processor could cause such a big fuss, but the whole Itanium debacle has gotten very heated, leading to a direct clash between Oracle and HP, the latter having, apparently, gained the upper hand.

This isn't a case of patent infringement, like the quarrel between Samsung and Apple that most recently got the former slapped with an antitrust investigation by the European Commission.

What is going on between HP and Oracle is an argument that started last year, in March, when Oracle suddenly decided to stop supporting Itanium.

What this means is that it announced that it was no longer going to develop software for the chips.

HP, being the major supplier of Itanium servers, was not put at ease in the slightest.

What followed was a back-and-forth in which Oracle and HP took turns at everything from formal statements to outright bashing.

Eventually, HP sued Oracle and the latter decided to try to get out of its agreement to support the chips, by means of a fraud claim.

Judge James P. Kleinberg of the Superior Court of California, Santa Clara County has now issued a ruling that debunks Oracle's claim.

“The alleged fraud did not prevent Oracle from participating in the negotiations or deprive Oracle of the opportunity to negotiate,” he wrote in the 26-page ruling.

The case is still ongoing: note that the judge said only that the fraud did not play a part in the negotiations, not that it had never occurred.

Oracle basically ignored the fraud claim altogether and treated the decision as a victory, of sorts, focused on the fact that the judge denied HP's (albeit also its own) requests to seal documents that allegedly contained sensitive business information.

“Oracle is delighted that the Superior Court of the State of California, Santa Clara County, has rejected HP's attempt to hide the truth about Itanium's certain end of life from its customers, partners and own employees,” it said.

“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.”