Gammel v. Hewlett-Packard Co., C.D. Cal., No. SACV 11-1404 AG (RNBx ), 8/29/12
Judge Andrew Guilford found that the plaintiff-investors failed to adequately plead the required scienter element of their claims against the computer giant and certain of its senior officials.
According to the plaintiffs, HP “ 'wanted to get in on the action,’” the court recounted. So in July 2010, for $1.2 billion, HP purchased Palm Inc.--maker of the “once-popular” Palm Pilot hand-held computing device--and exclusive rights to Palm’s webOS operating system, the court continued.
The plaintiffs asserted that while the defendants were publicly touting HP’s commitment to developing and integrating its webOS products, “things were different behind the scenes,” the court noted. Among other specifics, HP’s key webOS product, the TouchPad tablet, was allegedly “ 'riddled with hardware and software defects that HP failed to disclose.’”
HP’s stock price dropped 6 percent the day of the announcement and an additional 20 percent the next day, according to the complaint. In December 2011, after writing off more than $3 billion in webOS-related costs, HP contributed webOS to the public as “ 'open-source’ software for anyone to use and develop,’” the complaint alleged.
The plaintiffs advanced claims under 1934 Securities Exchange Act Sections 10(b) and 20(a).
Among other specifics, the court said that the plaintiffs’ allegations that the defendants knowingly lied about HP’s commitment to webOS are undermined by their inconsistent allegations concerning HP’s July and August 2011 efforts to improve flaws in certain webOS devices.
Meanwhile, the court said that the plaintiffs do not adequately plead the “core operations inference” of scienter. In this regard, the court said that it “does not automatically follow from the 'core’ nature of HP’s PC and printer businesses or the anticipated volume of webOS sales that each Individual Defendant was immediately aware of developments in HP’s webOS strategy.” The court also remarked that the plaintiffs’ “vague” claims that the individual defendants directly participated in management of the company and were privy to confidential information are insufficient to establish an inference of scienter.
The court said that it considered the plaintiffs’ additional allegations and finds them unpersuasive. Thus, the plaintiffs’ securities fraud claims must be dismissed, the court determined. It said that the plaintiffs may file an amended pleading within 30 days.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).