ORACLE CORPORATION’S CROSS-COMPLAINT AGAINST HEWLETT-PACKARD COMPANYCASE NO. 1-11-CV-203163
Cross-Complainant Oracle Corporation (“Oracle”) alleges against Cross-Defendant Hewlett-Packard Company (“HP”) as follows:
Cross-Complainant Oracle is, and at all times material to this action was, aDelaware corporation with its principal place of business and headquarters in Redwood City,California.2.
Cross-Defendant HP is, and at all times material to this action was, aDelaware corporation, with its principal place of business and headquarters in Palo Alto,California.
Venue is proper in Santa Clara County pursuant to California Code of CivilProcedure section 395.5 because HP’s principal place of business is situated in this County, thecontract at issue was made and was to be performed in this County, and the conduct giving riseto HP’s liability arose in this County.
This Cross-Complaint arises out of HP’s efforts to induce Oracle into anapparently perpetual and cost-free software development commitment for the Intel Itaniumplatform, supposedly implicit in a public reaffirmation of a colloquial “partnership,” while HPconcealed that it was days away from hiring a new board chairman, Ray Lane, and new CEO,Léo Apotheker, who HP knew Oracle distrusted so completely—and justifiably—that“partnership” would be impossible. It also arises from HP’s numerous acts of disparagement andlibel when, in March 2011, Oracle announced that—like most other major software vendorsbefore it—it was discontinuing all new
on the Intel Itanium platform.Subsequent to that announcement, HP has, among other things, falsely blamed Oracle forItanium’s demise and the disruption to customers that unavoidably will occur when customerseventually migrate to newer platforms, and falsely claimed that Oracle has refused to provideongoing software support and bug-fixes for Oracle’s current customers. HP has actively tried to