Mark Ferguson, Mike Valaik and Kate Roin Lead Bartlit Beck Team in $3 Billion Win for HP Enterprise

Hewlett-Packard Co. v. Oracle (2016)

Bartlit Beck teamed with lawyers from Gibson, Dunn & Crutcher, Choate Hall & Stewart and Seyfarth Shaw to win a $3 Billion jury verdict for HP Enterprise against software giant Oracle Corporation.  The verdict, announced on June 30, capped more than five years of litigation over HP’s claim that Oracle breached a 2010 contract requiring that Oracle continue offering the latest versions of its software on HP’s Itanium-processor based line of mission critical servers.  The Bartlit Beck team included partners Mark Ferguson, Michael Valaik and Katharine Roin, all of the firm’s Chicago office.  

In addition to its verdict on HP’s breach of contract claim, the jury found in HP’s favor on a claim for breach of the covenant of good faith and fair dealing, and rejected Oracle’s claim that HP had falsely advertised its products in violation of the Federal Lanham Act.