Judge Rejects Oracle’s $6.1 Billion Damages Claim
Judge calls for revised damages report from Oracle.
Has former Sun CEO Jonathan Schwartz’s blog been removed? The
former URL for Schwartz’s blog is currently displaying the blog for
employee Jonathan Benoit, although Benoit has yet to post at
this blog. The disappearance of Schwartz’s blog has led some to
speculate that Oracle have removed the blog, due to a 2007 post the
former CEO made, congratulating Google on its launch of Android,
and stating that Android will add momentum to the Java
“I just wanted to add my voice to the chorus of others from Sun
in offering my heartfelt congratulations to Google on the
announcement of their new Java/Linux phone platform, Android.
Congratulations!” he said. “Today is an incredible day for the open
source community, and a massive endorsement of two of the
industry’s most prolific free software communities, Java and
Oracle are currently suing Google for alleged patent and
copyright infringement. The lawsuit began in 2010, when Oracle
claimed that “in developing Android, Google knowingly, directly and
repeatedly infringed Oracle’s Java-related intellectual property.”
Oracle’s damages expert, Dr. Cockburn eventually submitted a
damages report that ranged from $1.4 billion, to $6.1 billion.
Google reacted to this by asking for Dr Cockburn’s report to be
Now, Judge William Alsup, who is presiding over the
Oracle/Google patent dispute over Android, has issued a written statement excluding Dr. Cockburn’s
report. In the report, Dr Cockburn stated that the fair market
value of a license reached through hypothetical negotiations at the
time the infringement began, would be “at least $1.4 billion” and
“could be as much as $6.1 billion.” Alsup has argued that this
estimate is based on the entire Java environment, and not on the
patents the trial is centred on. “This approach was defective,” he
said in his statement “because Oracle has provided no basis for
equating the asserted claims with either all of Java or all of
Android.” Oracle must now provide a revised damages report.