Looks like we're heading to court

Google offer Oracle slice of Android revenue, quickly rebuffed

Chris Mayer
Oracle-vs-Google1

Last-ditch legal wrangling from the two parties results in Oracle rejecting Google’s offer, amounting to 0.5% of future Android revenue until 2018 and just less than $3m.

Google’s proposal of paying Android revenue to Oracle if they
can prove patent infringement on the mobile platform has been
quickly rebuffed after Oracle said the offer was too low.


Papers filed late on Tuesday
 show how back and forth these
negotiations have been. They also reveal that Google had offered
around $2.8m for the two remaining patents (‘104 and ‘520) left
standing in the embittered court case, plus an intriguing caveat of
0.515% of future Android revenue obtained from said patents until
they expire.

This is a staggeringly short amount of time. As those of you
have been following the case with eagle eye vision will know that
the ‘520 patent expires in December 2012, with the other patent
running until 2018. Either way, in our view, pretty derisory given
how large Android is now. Or maybe that was Google’s intention.

Google also offered to speed things up in the courtroom,
by acknowledging the validity of Patent 6061520 and also
put forward that there should be no juries and eight hour court
sessions (reduced from 12), should the case come to
trial.

Oracle’s response was a pretty emphatic refusal, saying
the offer was too low. Although they were willing to shorten
courtroom time, Oracle wants damages of around $4.15 million
and the opportunity to let the jury decide.

“Oracle cannot agree to unilaterally give up
its rights, on appeal and in this court, to seek full redress for
Google’s unlawful conduct,” the company said in the
filing.

It’s last chance saloon now for both parties, with one final
chance to iron out all remaining issues before Judge Alsup’s trial
date of April 16. But with this information now being released,
it’s pretty clear that both are digging their heels in. We’re in
for the long haul over these Java patents, people. Not that we
weren’t already.

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