Company News: Page (1) of 1 - 03/26/12 Email this story to a friend. email article Print this page (Article printing at MyDmn.com).print page facebook

HP Statement Regarding Civil Lawsuit Against Oracle

Information Brought to Light by Oracle Executives During Discovery Underscores Oracle's Behavior as Anticustomer (March 26, 2012)

PALO ALTO, CA -- (Marketwire) -- 03/26/12 -- HP (NYSE: HPQ) issued the following statements in conjunction with HP's filing today of two motions for summary adjudication and summary judgment in the company's litigation against Oracle Corporation relating to the Intel® Itanium® platform:(1)

"The information brought to light during the discovery period further underscores the key facts of this case. In fact, it has led HP to seek a pretrial ruling that Oracle is contractually obligated to offer future versions of Oracle's software on Itanium. It is time for Oracle to quit pursuing baseless accusations and honor its commitments to HP and to our shared customers."

In Oracle's own words:(1)

  • "HP is an important partner for us ... clearly all of Oracle's software is going to continue to run on HP gear, and we're going to tune it and make it work." - Larry Ellison, chief executive officer, Oracle

  • "Oracle remains committed to HP Alliance and ensuring Oracle software optimized on HP hardware and customer hardware platform." - Safra Catz, president and chief financial officer, Oracle

  • The provision was "intended to reaffirm and continue the existing relationship" between HP and Oracle and to provide that the parties will "continue to work together as the companies have -- with Oracle porting products to HP's platform and HP supporting the ported products and the parties engaging in joint marketing opportunities -- for the mutual benefit of customers." - Dorian Daley, general counsel, Oracle, referring to rationale for the Reaffirmation Provision of the parties' Agreement.

Additional points about HP's and Intel's commitment to Itanium:


  • There is committed support for Itanium that extends out toward the end of this decade. Statements that Itanium was at or near an end of life are false; the facts regarding the Itanium roadmap cannot be disputed.

  • As an Intel executive explained in a March 2011 letter to customers: "[W]e are committed to the continued development of the Itanium product family ... We firmly believe that the Itanium platform provides a sound foundation for mission critical computing through the coming decade." - Kirk Skaugen, vice president and general manager, Intel(1)

  • The fact that HP and Intel have a contractual business relationship regarding Itanium development and supply is not a secret and in no way provides the basis for a false advertising claim.

  • In fact, the existence of an HP/Intel contract confirmed that there was (and is) a plan for uninterrupted production of multiple generations of Itanium microprocessors, supported by contract, further rendering Oracle's arguments baseless.

  • Ellison testified that in making his decision to issue Oracle's March 22 announcement that Itanium was "nearing the end of its life," he relied on a conversation with Intel's chief executive officer, Paul Otellini. But Ellison admitted under oath that Otellini did not say that Itanium was nearing the end of its life. And the Intel executive responsible for the Itanium business has now testified unequivocally that Oracle's claim was not true.(1)

  • Oracle contends in its cross-complaint against HP that HP engaged in deceptive conduct by failing to disclose the payment terms of its contract with Intel for the development of the Itanium microprocessor. Oracle's claim is baseless as evidenced by the fact that Mark Hurd -- the current president of Oracle and HP's former chief executive officer who was responsible for "closing the deal" with Intel -- disagrees with the claim. When asked whether it was "misleading for you not to tell customers that you were paying Intel to develop the Itanium microprocessor," Hurd testified unequivocally, "No."(1)

About the two HP filings today:

  • HP's first motion seeks summary adjudication and a declaration from the Court that Oracle has a contractual obligation to continue to offer its software product suite on HP's Itanium-based server platforms in a manner consistent with the way those products were offered prior to Oracle's hiring of Hurd in September 2010.

  • HP's second motion seeks summary judgment and dismissal of Oracle's cross-complaint and its claims against HP. Oracle has been given the opportunity to take extensive discovery on these claims, but Oracle has not unearthed any support for them. HP's motion seeks to streamline this case for trial and focus the case on what it is really about -- Oracle's misconduct in breaching the parties' agreement.

About HP
HP creates new possibilities for technology to have a meaningful impact on people, businesses, governments and society. The world's largest technology company, HP brings together a portfolio that spans printing, personal computing, software, services and IT infrastructure to solve customer problems. More information about HP is available at http://www.hp.com.

(1) "Hewlett-Packard Company's Notice of Motion and Motion for Summary Adjudication; Memorandum of Points and Authorities in Support Thereof," Case No.: 1-11-CV-203163, Superior Court of the State of California for the County of Santa Clara.

Intel and Itanium are trademarks of Intel Corporation in the U.S. and other countries.

This news release contains forward-looking statements that involve risks, uncertainties and assumptions. If such risks or uncertainties materialize or such assumptions prove incorrect, the results of HP and its consolidated subsidiaries could differ materially from those expressed or implied by such forward-looking statements and assumptions. All statements other than statements of historical fact are statements that could be deemed forward-looking statements, including but not limited to statements of the plans, strategies and objectives of management for future operations, including execution of cost reduction programs and restructuring and integration plans; any statements concerning expected development, performance or market share relating to products and services; any statements regarding anticipated operational and financial results; any statements of expectation or belief; and any statements of assumptions underlying any of the foregoing. Risks, uncertainties and assumptions include macroeconomic and geopolitical trends and events; the competitive pressures faced by HP's businesses; the development and transition of new products and services (and the enhancement of existing products and services) to meet customer needs and respond to emerging technological trends; the execution and performance of contracts by HP and its customers, suppliers and partners; the protection of HP's intellectual property assets, including intellectual property licensed from third parties; integration and other risks associated with business combination and investment transactions; the hiring and retention of key employees; expectations and assumptions relating to the execution and timing of cost reduction programs and restructuring and integration plans; the resolution of pending investigations, claims and disputes; and other risks that are described in HP's Quarterly Report on Form 10-Q for the fiscal quarter ended January 31, 2012 and HP's other filings with the Securities and Exchange Commission, including HP's Annual Report on Form 10-K for the fiscal year ended October 31, 2011. HP assumes no obligation and does not intend to update these forward-looking statements.

© 2012 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice. The only warranties for HP products and services are set forth in the express warranty statements accompanying such products and services. Nothing herein should be construed as constituting an additional warranty. HP shall not be liable for technical or editorial errors or omissions contained herein.

Add to Digg Bookmark with del.icio.us Add to Newsvine


Copyright @ Marketwire

Page: 1


Related Keywords: Hewlett-Packard Company, HP, Sales, Advertising, Marketing, Sales & Marketing, Hardware, Management, USA, Marketwire, , HP, Financial, Computer Science, Business, Family, Other,

HOT THREADS on DMN Forums
Content-type: text/html  Rss  Add to Google Reader or
Homepage    Add to My AOL  Add to Excite MIX  Subscribe in
NewsGator Online 
Real-Time - what users are saying - Right Now!

Our Privacy Policy --- @ Copyright, 2015 Digital Media Online, All Rights Reserved