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9th Circ. Revives Oracle’s Software IP Suit Against HP

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > 9th Circ. Revives Oracle’s Software IP Suit Against HP

9th Circ. Revives Oracle’s Software IP Suit Against HP

Law360 (August 20, 2020, 9:00 PM EDT) — The Ninth Circuit on Thursday revived Oracle Corp.’s software copyright lawsuit against Hewlett Packard Enterprise Co., finding that Oracle presented enough evidence that HPE infringed its copyrights, meddled with customer relationships and violated California’s competition law.

In reversing part of a district judge’s summary judgment ruling in HPE’s favor, the three-judge panel said the lower court improperly decided in 2019 that there wasn’t enough evidence that HPE offered illegal updates to customers of Oracle’s Solaris operating system as part of a scheme concocted by another company, Terix Computer Co. Inc.

“A court must construe the license to evaluate its effect on…

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