A US court has rejected Oracle's appeal against a ruling that meant that it could walk away from Itanium.
In August, a California superior court judge had ruled that Oracle had a binding contract with HP to continue supporting Itanium, even if the outfit did not think that the chip had a future.
Oracle wanted to stop porting its software to HP's Itanium server platform, claiming that the whole thing was a waste of time. More cynical observers at the time thought that the whole court case was really about a spat about HP's firing of Larry Ellison's chum Mark Hurd, who now works for Oracle.
Oracle and HP had been the best of chums until Ellison decided to buy Sun Microsystems and enter the hardware world.
HP brought the case against Oracle and, in August, a California superior court judge ruled that Oracle had a binding contract with HP and ordered it to continue supporting Itanium.
Oracle filed its appeal of that ruling in October with California's 6th District Court of Appeal, which rejected it on Thursday.
Details of the rejection have not been provided and Oracle and HP both refused to talk about it to Computerworld.
The case is scheduled to have a second phase that will focus on damages owed to HP. That phase is scheduled to begin in April, according to an HP spokesperson.