theodp writes: Oracle said HP has refused to accept a subpoena requiring new CEO Leo Apotheker to testify in a trial against his former employer SAP, which will determine how much SAP owes Oracle for copyright infringement by its discontinued TomorrowNow unit. '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,' an Oracle spokeswoman said. 'We will continue to try to serve him,' she added. An HP spokeswoman countered: '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.' The spokeswoman declined to discuss the whereabouts of Mr. Apotheker, who was featured in a 2006 SAP/TomorrowNow press release attacking the 'uncertainty' of Oracle. Coincidentally, among the charges leveled at SAP/TomorrowNow was 'pretextual customer log-in,' an area in which HP has some subject matter expertise.