Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Oracle's headquarters in Readwood Shores, CAOracle’s headquarters in Readwood Shores, CA (Jason Doiy / The Recorder)

SAN JOSE—Attorneys for Hewlett Packard have spent much of the past month in a $3 billion trial against Oracle Corp. rebutting the notion that a once-lucrative HP server technology already was on the way out before Oracle yanked its software support. But in closing remarks Wednesday, one of HP’s lead attorneys reinforced this message: That doesn’t actually matter.

“Even if it was true, it’s no excuse,” said Gibson, Dunn & Crutcher’s Jeffrey Thomas, who has been HP’s man at the lectern for much of the prolonged trial. Thomas stressed to the jury that the decisive issue must be whether Oracle’s 2011 announcement that it would stop development for HP’s Itanium chip-based servers breached a contract from the year before.

“The contract doesn’t say Oracle can stop offering its software because it, Intel or anybody else said something about [the future of] Itanium,” Thomas told jurors in Santa Clara Superior Court Judge Peter Kirwan’s courtroom, speaking in an animated and sometimes conversational style. “This whole ‘end of life’ story is much ado about nothing when you focus on the question about whether they breached the contract.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.