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October 28, 2010

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Oracle-HP row festers as Ellison flays CEO

ORACLE Corp Chief Executive Larry Ellison said he can prove that Hewlett-Packard Co's incoming CEO oversaw a scheme to steal Oracle's software by rival SAP AG.

SAP has admitted in court documents that it stole Oracle's software. A jury trial is scheduled to begin on Monday to determine how much SAP should pay Oracle to settle the case, with Oracle seeking some US$2 billion in damages and SAP saying that tens of millions of dollars would be reasonable.

The matter is complicated by boardroom moves that have unfolded over the past few months: HP sacked Mark Hurd as its CEO and Oracle hired him as one of its presidents. Then HP hired SAP's former CEO, Leo Apotheker, to replace Hurd.

Ellison said in a statement that Oracle intends to subpoena Apotheker, but it could not do so because the executive has been living outside the jurisdiction of the San Francisco area court that will try the case. Apotheker is due to start work on Monday at HP, which is headquartered in nearby Silicon Valley.

HP and Oracle had long been partners who teamed up to sell HP's hardware bundled with Oracle's software. That relationship began to crack last year after Oracle agreed to buy hardware maker Sun Microsystems, and then collapsed after the recent round of executive hirings.

The two sides have been exchanging barbs since.

"A few weeks ago I accused HP's new CEO, Leo Apotheker, of overseeing an industrial espionage scheme centering on the repeated theft of massive amounts of Oracle's software. A major portion of this theft occurred while Mr. Apotheker was CEO of SAP," Ellison said in a statement.

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