By September 20, less than a week before OpenWorld, they had a deal and a press release saying their partnership was sound. But the following March, when Oracle announced it would stop porting its software to Itanium, HP sued again.

A key piece of HP's case is a cover email to one draft of the proposed agreement, written by Oracle general counsel Dorian Daley. In it, Daley said Catz and Livermore had discussed the companies continuing to work together as before Hurd's hiring "with Oracle porting products to HP's platforms and HP supporting the ported products and the parties engaging in joint marketing opportunities."

On Tuesday, Robert Frank, an attorney for HP, grilled Catz over whether that email misrepresented the conversation she had had with Livermore. Catz said Daley had added the reference to continued porting and joint marketing, which was broken out with dashes.

"In general, she represented the conversation," Catz said. "She added things in the dashes. It is what it is."

Catz's account matched about the email on Monday. She referred to the porting and marketing as examples of the kinds of things HP and Oracle had done in the past.