Mark Hurd, Ann Livermore and Safra Catz also are potential witnesses in the upcoming trial over the dispute between HP and Oracle over Intel's Itanium platform.
Intel CEO Paul Otellini, Oracle CEO
Larry Ellison and Mark Hurd, former CEO of Hewlett-Packard and current Oracle
president, are among those listed to testify in the upcoming trial between HP
and Oracle in their dispute over Intels Itanium platform, a case that is
generating a lot of headlines this month.
The executives were among almost
four-dozen witnesses listed in a May 14 court filing in the case, which is
expected to start later this month or in June.
At issue is Oracles decision last
year to discontinue software development for Itanium chips, a move company
officials said came after hearing from Intel engineers that the giant chip
maker was planning to kill off the controversial platform in favor of its more
popular x86-based Xeon server processors.
HP officials accused Oracle of
trying to force joint customers off HPs high-end Itanium-based servers and
onto the SPARC/Solaris systems the software maker inherited when it bought Sun
Microsystems in 2010. HP is suing Oracle for allegedly breaking an agreement
the two companies had to support technologies used by their 140,000 or so joint
customers. HP claims the agreement was part of the settlement ending litigation
over Hurds hiring by Oracle.
Oracle has countersued, accusing HP
of false advertising by not being truthful with customers or the industry about
what officials said is the imminent demise of Itanium, and for failing to
disclose that HP has paid Intel more than $500 million to keep Itanium
development going. Executives with both HP and Intelincluding Otellinihave
disputed Oracles claims about the chips future, saying that Intels product
road map for Itanium runs for much of the decade.
Interest in the case has ramped up
in recent weeks after Santa Clara Country Court Judge James Kleinberg refused requests by HP and Oracle
to dismiss key
portions of their each other's case, and a lawyer for Oracle told the judge
that there was little if any chance the two sides could reach an agreement in
the case. HP is seeking $4 billion in damages from Oracle.
On May 16, Oracle posted an open
letter to customers along with several court exhibits
mostly internal HP
memosthat draw a picture of an Intel tired of losing money on Itanium and a
desperate HP that, after considering several options that included buying Sun,
decided the best alternative was essentially paying Intel more than $500
million to continue developing Itanium. HP is by far the top Itanium customer,
and has based its high-end Integrity and NonStop servers on the chip platform.
Oracle officials pointed to the
documents as proof of Intel wanting to kill off Itanium as early as 2007, and
HP trying to keep that from happening and to keep news of the possibility from
getting out to the industry and customers. In response, HP officials have said
the documents prove the long-term viability of Itanium. Some industry observers
see the payments from HP as smart moves to protect its Business Critical
Systems (BCS) unit.
The witness list carries some
well-known names from HP, Intel and Oracle. Aside from Hurdwho was CEO of HP
until August 2010 and then became a president at Oracleother notable witnesses
from HP include David Donatelli, executive vice president and general manager
of HPs Enterprise Servers, Storage and Networking unit; Ann Livermore, a
long-time HP executive, who at one time was considered a viable candidate for
CEO; Martin Fink, who at one time was senior vice president and general manager
of BCS; and Cathie Lesjak, executive vice president and CFO at HP.
For Oracle, the list includes company
President and CFO Safra Catz; John Fowler, executive vice president of systems
at Oracle and a former Sun executive; and Thomas Kurian, executive vice
president of product development.
From Intel, the list includes
Otellini; Kirk Skaugen, vice president and general manager of Intels PC Client
Group; and Renee James, senior vice president and general manager of Intels
Software and Services Group.