Orszag didn't consider other factors that may have affected HP's Itanium business, including a decline in HP's reputation amid the upheaval of executive changes there over the past few years, they said. Another key factor they cited was information that has become public about Itanium nearing the end of its life, according to Oracle and Shahadeh. Oracle alleges that HP hid information about its dealings with Intel that showed the platform is on the way to being phased out.
The impending jury trial will be the second phase of the case, which first came before Judge Kleinberg last June. Last year, Kleinberg heard arguments from both sides over whether a partnership agreement between the companies constituted a contract, and in August he ruled that they did and ordered Oracle to resume porting.
The origins of the conflict go back at least as far as Oracle's acquisition of Sun Microsystems in early 2010. That brought Oracle into the server business and made the two companies hardware rivals for the first time.