As much as the trial judge in the case between HP and Oracle over Itanium would like them to settle, Reuters reported an Oracle lawyer saying it wouldn't happen. No surprise there.

The judge the other day refused to settle the matter himself by finding for one side or another. Probably a smart move considering it would only set off an appeal.

His 20-page decision the other day not to decide suggests that Intel may ultimately be forced to divulge financial information about the Itanium it's refused to turn over for discovery; and allows that Oracle may have a case given the "puffery" of HP's public statements about Itanium's roadmap extending until 2017 - Oracle claims it lost $120 million in service and support profits to HP's "deceptive scheme" - and HP, which has apparently provided some secret sealed documents about Oracle private assurances to continue to support Itanium, may have a point about relying on such promises. HP claims damages of $4 billion in lost profits.

A year ago Oracle CEO Larry Ellison decided to stop supporting HP's Itanium machines claiming there was no future in it; the chip was end-of-life. HP sued and Oracle countersued contending HP failed to disclose its Itanium contract with Intel. It was supposedly paying Intel to keep the chip alive. A trial is scheduled to start at the end of the month.