Oracle Gets Nothing in Google Android Lawsuit, Opts for Appeal
June 21, 2012 11:06 AM
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Judge's decision narrowly followed the jury's -- Oracle did not sufficiently prove infringement
Oracle Corp. (
) at one time hoped to win as much as $7B USD from Google Inc. (
) for its allegedly unauthorized use of certain license-only Java source files. That wouldn't be a bad payday -- in fact it would almost entirely justify the
$7.4B USD Oracle paid
to acquired Java-maker Sun Microsystems.
But Oracle's sweet dreams quickly became bitter nightmares as a jury ruled that Google was
not guilty of
of Oracle's copyright or patent infringement claims. Faced with the prospect of a billion dollar settlement shrinking to a couple million dollars, Oracle's lawyers are now spinning their wheels in a last ditch effort to try to jump-start the almost-dead lawsuit.
Northern District of California
(San Francisco) they submitted a request to presiding
Judge William Alsup
requesting $0 of damages "related to Google’s infringement of Oracle’s copyrights in connection with (1) the rangeCheck code in TimSort.java and ComparableTimSort.java, and (2) the eight decompiled files (seven 'Impl.java' files and one 'ACL' file)."
Oracle's get-rich-quick-via-lawsuits scheme for Sun Microsystems didn't exactly
work out as it intended. [Image Source: Eric Faller]
Judge Alsup seemed somewhat surprised at the apparent surrender from the Oracle legal crew, commenting, "Is there a catch I need to be aware of?"
Well, there was indeed a catch. Oracle is agreeing to toss aside whatever pittance it would have received for the few scraps of infringement the jury tossed its way for a reason. By ending the trial, it will be able to move ahead more quickly to its appeal, where it will challenge the jury's findings on the more major infringement claims.
It if it wins, the case will be sent back before Judge Alsup.
service, Oracle attorney Michael Jacobs mustered a quip, telling Judge Alsup and the audience in attendance, "I hope we see you again after an appeal."
Oracle is in a tough spot as it now finds itself having to play offense against Google, while
playing defense against Hewlett-Packard
Comp. (HPQ) which claims that Oracle
for Intel Corp.'s (INTC)
. That lawsuit is also tied to the Sun acquisition, as Sun Microsystems (and now Oracle, by proxy) makes the SPARC processor architecture, an Itanium competitor. Oracle denies breaching its contract to favor its new acquisition, but on the surface there's certain somewhat of an appearance that it did precisely that.
Oracle wasn't the only big loser in the Google Java case. The "not guilty" ruling was also a blow to blogger Florian Mueller of
who long claimed that Google would be found guilty and have to pay massive damages. Coincidentally, Mr. Mueller's objectivity was recently called into question when it was revealed he was
on Oracle's payroll
This article is over a month old, voting and posting comments is disabled
RE: GNU GPL
6/21/2012 12:24:30 PM
It's more complicated than that. Roughly google claims that Android is based on the Apache Harmony implementation of Java, not Sun's. Naturally Harmony is Apache licensed.
"Spreading the rumors, it's very easy because the people who write about Apple want that story, and you can claim its credible because you spoke to someone at Apple." -- Investment guru Jim Cramer
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