Oracle Sues HP Enterprise Over Solaris Software Copyrights

  • Suit filed ahead of HP trial against Oracle over Itanium chips
  • HP accused of knowing partner sold software support illegally

Oracle Corp. accused Hewlett Packard Enterprise Co. in a lawsuit of helping a partner company illegally sell software support for the Solaris operating system.

Oracle claims HP Enterprise knew that Terix Computer Co. was marketing its support services without authorization and was also aware that Oracle required customers who installed Solaris updates to pay for technical support, according to Tuesday’s complaint in federal court in San Jose, California.

The complaint for unspecified damages comes as Hewlett Packard is scheduled to begin a trial in May in state court in San Jose, California, over claims that Oracle failed to provide promised software support for Intel Corp.’s Itanium microprocessors.

In the Solaris case, Oracle alleges copyright infringement and seeks a court order barring HP Enterprise from distributing its software code.

HP Enterprise spokesman Blair Hinderliter declined to comment on the complaint.

“Oracle obtained a judgment against Terix, and will continue to pursue companies like HP that misappropriate our software for their own financial gain,” Oracle General Counsel Dorian Daley said in a statement.

HP Enterprise was formed as a standalone company in November when it was split from HP Inc. It is the larger of the two companies based on market valuation, and targets corporate customers with equipment, services and software. HP Inc. sells personal computers and printers.

The case is Oracle Corp. v. Hewlett Packard Enterprise Co., 16-cv-01393, U.S. District Court, Northern District of California (San Francisco).