Where in the World is Leo Apotheker

By Reuters  |  Print this article Print

In exchange for a promise not to seek punitive damages against the company for software theft, German software maker SAP AG has agreed to pay $120 million to Oracle Corp. in a copyright case, sources say.

Meanwhile, Oracle said that HP refused to accept a subpoena requiring Apotheker to testify in the high-stakes trial.

"Mr. Apotheker started work for HP on Monday, but it now appears that the HP board of directors has decided to keep him away from HP's headquarters and outside the court's jurisdiction," said Oracle spokeswoman Deborah Hellinger.

She said that Oracle would continue to attempt to serve Apotheker.

If he visits HP's headquarters in Palo Alto, California, that would be close enough to the federal courthouse in Oakland for Oracle to summon him to appear in court.

Hewlett-Packard spokeswoman Mylene Mangalindan said in a statement that Oracle did not become interested in getting Apotheker to testify live in court until after he was named CEO of HP on September 30. He was previously deposed in October 2008.

"Given Leo's limited knowledge and role in the matter, Oracle's last-minute effort to require him to appear live at trial is no more than an effort to harass him and interfere with his duties and responsibilities as HP's CEO," she said.

Oracle said it planned to call two witnesses on Thursday -- former Oracle President Charles Phillips and SAP executive John Zepecki.

(Additional reporting by Gabriel Madway; Editing by Robert MacMillan and Steve Orlofsky)