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The damages portion of the trial starts Nov. 1, Apotheker's first official day as HP CEO. Apotheker was pushed aside as SAP CEO in February after 20 years at the company.
If that isn't enough, new HP Chairman Ray Lane, who also starts on Nov. 1, is dragging former HP CEO and new Oracle President Mark Hurd into the fray by accusing Hurd of lying to the HP board of directors.
In a letter to The New York Times, Lane said that "Mr Hurd violated the trust of the board by repeatedly lying to them in the course of an investigation into his conduct." Lane's comments came in reaction to a New York Times column suggesting that Apotheker knew of the theft of Oracle intellectual property.
Hurd, who has been universally praised for transforming HP into the No. 1 IT company in the world, was forced to step aside as HP CEO in August following an investigation into sexual harassment charges and misreported expenses.
"This is comical," said the CEO of one of HP-Oracle's top partners, who did not want to be identified. "It is unfortunate. At that level all parties should refrain from mudslinging. Calling people names doesn't do much for you. It's like Ghandi said, 'An eye for an eye makes you both blind.' It's not good for business. I never speak about my competition. That is a golden rule in selling: We sell the value that we have. What the competition does is not my business. I sell my value. This is kind of like politicians."