Apotheker a no-show in Oracle-SAP trial
Daily Legal News
An industrial espionage trial between Oracle Corp. and SAP AG, two of the world's biggest business software makers, ended Friday without the testimony of one of its most anticipated witnesses.
The evidence part of the three-week trial wrapped up Friday without an in-person appearance by the new CEO of Hewlett-Packard Co., Leo Apotheker, and without Oracle playing a videotaped deposition he gave.
The cat-and-mouse game of Oracle trying to force Apotheker to testify, and HP refusing to allow it, has captivated technology watchers and overshadowed Apotheker's start as head of the world's biggest technology company by revenue.
Oracle wanted Apotheker to testify because he was previously SAP's CEO.
But Oracle says that HP refused to accept a subpoena on Apotheker's behalf. HP accused Oracle of harassing Apotheker.
Oracle hired investigators to track down Apotheker, but since he started the HP job Nov. 1, he wasn't spotted close enough to the federal courthouse in Oakland, where the case is being tried, for Oracle to serve him with the subpoena. The subpoena only applies within 100 miles of the courthouse, which includes HP's headquarters in Palo Alto.
HP hasn't disclosed Apotheker's whereabouts. Representatives have repeatedly said that the company doesn't discuss its executives' travel plans.
Oracle is demanding billions of dollars in damages from SAP for software and customer support documents that SAP has admitted to stealing. SAP claims it owes only $40 million. Closing arguments are expected next week.
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