Oracle's Anti-Android Java Lawsuit Likely to be Settled For Under $100M USD
March 23, 2012 7:38 PM
(Source: Trip Advisor/James Lynwood)
Google may pay a bit in ongoing licensing fees, but the settlement for past damages will be small
Oracle Corp. (
Google Inc. (
) for reportedly knowingly infringing on Oracle's Java intellectual property via an unlicensed Apache open source distribution. The Java IP had been acquired by Oracle in its April 2009
acquisition of Sun Microsystems
I. From a $6B USD Case to a $100M USD One
, both sides fought hard in court. Oracle
scored court permission
from top Google executives and Android engineers, which cumulatively indicated that it may have knowingly have violated Oracle's intellectual property. Google returned fire, airing a 2007 statement from ex-Sun Microsystems CEO Jonathan Schwartz
endorsing Google's use
, which indicated that it might have been unofficially authorized/condoned after all.
However, it appears Google is prepared to come out relatively well from the patent dispute. While Oracle had sought up to $6.1B USD in infringement damages, ultimately, it will almost certainly end up with less than $100M USD in damages for pass infringement.
That's a huge win for Google and its Android partners.
The lower settlement estimations come based on Oracle's expert witness Dr. Iain M. Cockburn, who is a professor of finance and economics at Boston University. Dr. Cockburn initially had delivered an estimate of $1.4B-$6.1B USD.
U.S. District Court Judge William Alsup
, who at times has admonished both Google and Oracle, voiced critism about Dr. Cockburn's initial approach. He pointed out that of Oracle's 22 acquired Java patents, Dr. Cockburn had drastically upgraded the value of the 6 in contention in the case. He ruled that only an equal valuation of the entire portfolio was possible.
II. Oracle Sets Its Sights Lower
Dr. Cockburn was forced to deliver a new valuation, which was much lower. Ultimately it looks like Oracle may get ~$5M USD for direct infringment of
U.S. Patent No. 5966702
"Method And Apparatus For Preprocessing And Packaging Class Files", and
U.S. Patent No. 6910205
"Interpreting Functions Utilizing A Hybrid Of Virtual And Native Machine Instructions", according to
It will then get an extra $27M-$37M USD for the copyright infringement. Overall this will all stack up to about $40M USD.
Android may get off in the Oracle lawsuit surprisingly easy [Image Source: Android and Me]
Here's where it get's a bit confusing -- Oracle has already withdrew its claim on the '205 patent, as
it was invalidated
U.S. Patent and Trademark Office
. But Google is now also being sued for
second patent --
U.S. Patent No. 6,061,520
"Method and system for performing static initialization". This won't likely lead to any big shift in the settlement amount, but it means there may be a mistake in some of the court documents from Google/Judge Alsup, printed by
, which refer to the '205 (invalid) patent, when in fact it appears they mean the '520 (asserted) patent.
What does all this mean? Google will likely pay less that $100M USD in damages, a small slap to the world's largest smartphone OS maker. It will likely have to pay a bit of ongoing royalties, but with only 2 asserted patents, it's unclear whether that sum will be truly that onerous versus the 6, highly overvalued patents that Oracle originally hoped to beat money out of Google with.
"There is a single light of science, and to brighten it anywhere is to brighten it everywhere." -- Isaac Asimov
Oracle Receives Court Permission to Use Google's Email in Java Patent Case
October 21, 2011, 9:33 AM
Report: Sun CEO OK'ed Android Java Use Google is Being Sued For
July 26, 2011, 3:11 PM
Judge Suggests Google's Android was "Brazen" in Infringing Oracle's IP
July 25, 2011, 2:25 PM
Google Gets Good News in Oracle Case, Bad News in Antitrust Probe
June 25, 2011, 10:00 AM
Update: Google And Java Source Code in Android
January 21, 2011, 4:10 PM
What is Flagship Sony’s XperiaX Smartphone?
October 25, 2016, 5:00 AM
The Galaxy C9 Pro Samsung Smartphone Has 6GB RAM
October 24, 2016, 4:29 AM
The Unlocked Moto Z Play Launches for $449.99 Today.
October 22, 2016, 5:00 AM
Nintendo Announced Next Game Machine to be Portable “handheld”.
October 21, 2016, 5:00 AM
Do you hate to do yard work?
October 20, 2016, 5:00 AM
Smart Technology Mood Collar To Understand Your Dog’s Emotions
October 17, 2016, 5:00 AM
Most Popular Articles
Car Insurance - The Hidden Discriminatory Practise
October 18, 2016, 5:00 AM
Cyber Hackers Threaten Security of Lifesaving Medical Devices
October 19, 2016, 8:09 AM
8 Days to Apple's October Event
October 19, 2016, 8:22 AM
Is Razer Blade Stealth Laptop For You?
October 16, 2016, 5:00 AM
Tesla Announces Level 5 Autonomous Driving
October 19, 2016, 8:30 PM
Latest Blog Posts
Researchers use CRISPR to Accelerate Search for HIV Cure
Oct 26, 2016, 5:00 AM
Medical Council of India Makes Generic Medicines Mandatory
Oct 25, 2016, 5:00 AM
MacBoo Pro 2016: Release date Oct. 27
Oct 24, 2016, 7:16 AM
Mac Users, Try this if Your Mac is Infected?
Oct 23, 2016, 7:00 AM
Tips to Prevent Smartphones From Overheating:
Oct 22, 2016, 5:00 AM
Nasa Flies Drones at Nevada Airport
Oct 21, 2016, 8:21 AM
T-Mobile Data Problems
Oct 20, 2016, 10:17 AM
Annoying Apple Watch Problems and How to Fix Them
Oct 20, 2016, 5:00 AM
Your Mail May Soon Be Delivered By Robot
Oct 19, 2016, 9:34 AM
2018 Jeep Wrangler Prototype Sells At Junkyard
Oct 18, 2016, 5:00 AM
Samsung Shines with Gold Edition Tablet
Oct 17, 2016, 9:24 AM
Tesla Hints Mysterious Product Debut for October 17th
Oct 16, 2016, 10:14 AM
Samsung Galaxy Note 7 Phones on US flights
Oct 15, 2016, 5:00 AM
Comcast Fined $2.3 Million For Unconfirmed Services Charged To Customers
Oct 14, 2016, 5:00 AM
“American singer / songwriter “Bob Dylan is awarded 2016 Nobel Prize in Literature.
Oct 13, 2016, 10:33 AM
Battery Defect in Medical Device
Oct 12, 2016, 5:00 AM
IBM Bolsters Social Services Sector With Technology Grants
Oct 11, 2016, 5:00 AM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information