HP is arguing that Oracle improperly used its strength in software to freeze HP out of certain parts of the hardware market.
The EU complaint was mentioned in a state court hearing in San Jose, California. According to Reuters, the move was mocked by Oracle in court.
Oracle attorney Daniel Wall said that HP was literally going around the world to every antitrust jurisdiction, trying to say Larry Ellison is trying to put it out of business.
HP attorney Robert Cooper coughed and said the European issues are separate from its US lawsuit.
The EU complaint was about Oracle abusing its position of power on software to drive HP out of the hardware business and not specific to Itanium, he said.
Meanwhile Santa Clara Superior Court Judge James Kleinberg is hoping that the two sides could come together and make a settlement.
Kleinberg noted that with Meg Whitman taking over as chief executive after former CEO Leo Apotheker’s exit thinks between the two companies should be back to hugs and kisses.
Apotheker did not get on at all well with Oracle CEO Larry Ellison who wanted to sue him over an old SAP case and and it was under Apotheker’s leadership that HP sued Oracle over the Itanium decision.
Attorneys for both sides expressed pessimism about a settlement. Oracle attorney Wall said Oracle had strong counterclaims against HP for alleged fraud on the market surrounding Itanium.