By: Francis Rey
Source: http://socialbarrel.com
Category: Patent News
Legal haggling continues to ensue between Google and Oracle in seemingly hopeless efforts for settlement to avoid a face-off before a jury in their on-going patent infringement case.
Prior to an upcoming trial in April over Oracle’s claims of Java patent infringements by Google’s Android operating system, Google offered Oracle $3 million in damages, plus a portion of Android revenues in an effort to reach somewhat amicable settlement.
The trial is set to start next month in a San Francisco trial court.
Google has offered Oracle less than 1 percent of revenues from the Android platform, but Oracle already rejected the offer, according to reports citing a court document filed last Tuesday. The North California-based software business titan deemed the offer being too low. In July of last year, Oracle reportedly intended to receive billions in damages.
“Oracle cannot agree to Google’s proposal that Oracle waive its constitutional right to a jury trial,” said Oracle lawyers in a formal response filed to United States District Court Judge William Alsup, seen by the AFP. “Although there are issues for the Court to decide, there are substantial questions for the jury as well.”
Both parties declined to release further comments.
Oracle filed the original suit for patent infringement against Google last August 2010, with claims that Google “knowingly, directly and repeatedly infringed Oracle’s Java-related intellectual property” and sought “appropriate remedies”.
The main technology taking the spotlight is the Dalvik machine used in Android.
Google had a major hitch in its altercation with Oracle in February when the United States Court of Appeal in Washington ruled that one of Google’s internal emails could be smoking gun in favour of Oracle.
The email written by Tim Lindholm, a software engineer at Google, to his superiors on August 2010, suggested that Google had no choice other than to start licensing Java as no other technologies were applicable for use within Android and Chrome.
Google denies the patent infringement accusations and argues that Android had permission to use Java technology when it was under the ownership and development of Sun Microsystems, citing that the technology was intentionally for open-source.
Google asserts that Sun Microsystems, the software developer acquired by Oracle in April 2009, had declared that Java would be open-source and any software developer would be able to use it, thereby releasing some of its source code in 2006 and 2007, which was way before the acquisition.
Oracle completed the acquisition of one-time Silicon Valley star Sun Microsystems in January 2010 and filed suit against Google shortly after.
Source: http://socialbarrel.com/oracle-culls-google-attempt-for-settlement-of-java-patent-infringement/34888/
Source: http://socialbarrel.com
Category: Patent News
Legal haggling continues to ensue between Google and Oracle in seemingly hopeless efforts for settlement to avoid a face-off before a jury in their on-going patent infringement case.
Prior to an upcoming trial in April over Oracle’s claims of Java patent infringements by Google’s Android operating system, Google offered Oracle $3 million in damages, plus a portion of Android revenues in an effort to reach somewhat amicable settlement.
The trial is set to start next month in a San Francisco trial court.
Google has offered Oracle less than 1 percent of revenues from the Android platform, but Oracle already rejected the offer, according to reports citing a court document filed last Tuesday. The North California-based software business titan deemed the offer being too low. In July of last year, Oracle reportedly intended to receive billions in damages.
“Oracle cannot agree to Google’s proposal that Oracle waive its constitutional right to a jury trial,” said Oracle lawyers in a formal response filed to United States District Court Judge William Alsup, seen by the AFP. “Although there are issues for the Court to decide, there are substantial questions for the jury as well.”
Both parties declined to release further comments.
Oracle filed the original suit for patent infringement against Google last August 2010, with claims that Google “knowingly, directly and repeatedly infringed Oracle’s Java-related intellectual property” and sought “appropriate remedies”.
The main technology taking the spotlight is the Dalvik machine used in Android.
Google had a major hitch in its altercation with Oracle in February when the United States Court of Appeal in Washington ruled that one of Google’s internal emails could be smoking gun in favour of Oracle.
The email written by Tim Lindholm, a software engineer at Google, to his superiors on August 2010, suggested that Google had no choice other than to start licensing Java as no other technologies were applicable for use within Android and Chrome.
Google denies the patent infringement accusations and argues that Android had permission to use Java technology when it was under the ownership and development of Sun Microsystems, citing that the technology was intentionally for open-source.
Google asserts that Sun Microsystems, the software developer acquired by Oracle in April 2009, had declared that Java would be open-source and any software developer would be able to use it, thereby releasing some of its source code in 2006 and 2007, which was way before the acquisition.
Oracle completed the acquisition of one-time Silicon Valley star Sun Microsystems in January 2010 and filed suit against Google shortly after.
Source: http://socialbarrel.com/oracle-culls-google-attempt-for-settlement-of-java-patent-infringement/34888/
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