Oracle and HP butt heads over Apotheker subpoena

The war of words between HP and Oracle has escalated again after Oracle accused HP of refusing a subpoena of its chief executive Léo Apotheker in the TomorrowNow trial.

HP has countered that Apotheker has already testified, and that the move is little more than "harassment" by Oracle.

The subpoena is part of an ongoing legal feud between Oracle and Apotheker's former employer, SAP. Oracle has accused SAP of property theft by its TomorrowNow subsidiary.

SAP has since said that it will not contest Oracle's claims, citing the desire to keep its top executives off the stand. Oracle has pointed to the move as proof of guilt on SAP's part.

The spat between HP and Oracle began when HP dismissed chief executive Mark Hurd in the wake of a sexual harassment scandal. Oracle chief executive Larry Ellison was one of the harshest critics of the move.

Ellison's disapproval continued when HP hired Apotheker to replace Hurd, who has since been appointed co-president of Oracle.

In a statement provided to V3.co.uk, HP dismissed the subpoena as an attack on Apotheker that has little to do with the case.

"Oracle had ample opportunity to question Léo during his sworn deposition in October 2008, and chose not to include him as a trial witness until he was named chief executive of HP," the company said.

"Given Léo's limited knowledge of and role in the matter, Oracle's last-minute effort to require him to appear live at trial is no more than an effort to harass him and interfere with his duties and responsibilities as HP's chief executive."