Objection!

Oracle and Google both file appeals in Android trial verdict

Chris Mayer
justice-oracle

An expected appeal from Redwood Shores against Google as the Android trial goes on even longer

As some speculated, Oracle have decided to appeal the ruling in
the embittered patent and copyright Android battle with Google.
Less probably expected Google
to also appeal
on the small matters.

Late on Wednesday, the database giant first filed “a notice of
appeal” to the U.S. District Court for the Northern District of
California, looking to overturn Judge William Alsup’s trial
findings that the Java APIs within Android were
non-copyrightable.


This move was largely expected
after the ruling in May, which saw Oracle come out

as the ultimate loser in the two-year legal
wrangle over the 37 Java APIs in the Android platform. The
jury
initially
delivered a partial
verdict
in Oracle’s
favour
, in which Google
were found to infringe nine lines of Java code out of 12 million,
under the assumption APIs were copyrightable.
But Judge Alsup cleared Google of infringement, adjudging
the company to have used the code under fair
use.

Alsup said at the time: “To accept Oracle’s claim would be to allow
anyone to copyright one version of code to carry out a system of
commands and thereby bar all others from writing their own
different versions to carry out all or part of the same
commands.”

He continued: “No holding has ever endorsed such
a sweeping proposition.”

In June,
Oracle agreed to accept zero damages
after conferring with
Google, effectively putting an end to their lengthy spell in court
for the time being. But as is the case with this trial, we
shouldn’t expect a swift resolution. Especially if
FOSS Patents
’ opinion that Oracle could take this all the way
to the Supreme Court is to believed.

Separately, Google appeals the court’s denial of a
motion
 for a judgment as a matter of
law.

Both sides have yet to comment on the appeal at the time
of writing. Whilst the two companies continue to duke it out in the
courtroom,
many in the Java community
would rather see the two
spending time and money
on
continuing to
innovate
instead.

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