ORACLE CHIEF executive officer Larry Ellison said his company plans to produce evidence that Hewlett-Packard’s incoming chief executive was involved in an effort to steal Oracle software while at former employer SAP.

“A few weeks ago I accused HP’s new CEO, Leo Apotheker, of overseeing an industrial espionage scheme centring on the repeated theft of massive amounts of Oracle’s software,” Mr Ellison said in a statement released this week. Oracle intends to present the evidence at a trial that starts on November 1st, Mr Ellison said. HP said in response that Oracle is attempting to harass its new chief executive, who had limited knowledge of the case.

SAP, which is fighting the amount of damages Oracle is seeking in a 2007 lawsuit, said Mr Ellison is using the trial as part of his personal crusade against HP. Mr Ellison hired former HP chief executive Mark Hurd as a president last month and chided HP’s board for how it handled Hurd’s departure.

“Oracle had ample opportunity to question Leo during his sworn deposition in October 2008 and chose not to include him as a trial witness until he was named chief executive of HP,” HP said in a statement.

“Given Leo’s limited knowledge of 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,” HP said.

Mr Apotheker is scheduled to begin as HP’s chief executive the same day as court proceedings get under way to determine damages in the case involving Tomorrow Now, the now defunct SAP subsidiary accused of stealing codes and documents to help it win Oracle customers.

Oracle is seeking damages of $2.15 billion (€1.55 billion), Oracle’s lawyers said in a court filing. The company also wants SAP to pay an additional $288 million for its profit from infringement, according to the filing.

SAP expects to have to pay “tens of millions” of dollars in damages, SAP co-president Bill McDermott said.

A jury and judge will decide any amount that SAP has to pay.

SAP has said there was inappropriate downloading of Oracle’s support documents.

SAP has asked the judge who will preside over the case to prevent people involved from talking to the media, saying it could influence jurors. – (Bloomberg)