Oracle has failed to get the case brought against it by HP over support for Itanium thrown out, after a US judge ruled the case warranted a trial.
Santa Clara County Court Judge James Kleinberg refused Oracle's request for a summary judgement, arguing that HP's position that Oracle had agreed to continue to offer its products on all HP platforms – including Itanium – was worthy of a trial.
“We look forward to trial, where the details of Oracle's deliberate anti-customer business strategy to drive hardware sales from Itanium to inferior Sun servers will be revealed,” HP said.
The long-running dispute harks back to Oracle's acquisition of hardware maker Sun Microsystems and its subsequent decision to stop supporting HP's Itanium systems. HP argues that the decision broke a long-standing arrangement between the two firms.
Oracle's decision to employ former HP chief executive Mark Hurd has only added to the enmity between the one-time technology bedfellows.
Oracle has categorised its decision to stop making software that runs on Itanium as purely a business decision. Few firms have adopted Itanium servers, preferring instead to run their operations on x86-based machines, it argues.
Oracle had not responded to request for comment on the latest developments at time of publication.
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