JAX London 2014: A retrospective
The height of ridiculousness

Oracle vs Google – Both parties seek quick exit as patent phase almost wrapped up

ChrisMayer
justice-oracle

Looks like both Google and Oracle want an efficient end to this truncated trial, as Oracle go for broke against Judge Alsup’s advice

As Oracle’s lawsuit against Google over the supposed use of Java patents within Android continues, there’s a lingering air of efficiency now in the courtroom as both parties seek to quickly wrap up proceedings.

The weekend saw a fair bit of paperwork filed, with Google motioning for a Summary Judgment on copyright damages in regards to the rangeCheck function. Google’s laywers maintain that Oracle can’t possibly prove how much revenue that infringing section of code made for them. 

Friday’s testimony was heavily technically-based, but it the day began with an important decision made by Judge Alsup. He surprisingly overruled the jury and granted Oracle’s request for a judgment as a matter of law, ruling that Google had indeed infringed copyright in using eight different Java files in Android. However, this still hardly makes a dent in the overall scheme of things – adding to those nine lines in rangeCheck function already identified.

Oracle then chose to roll the dice, by revealing that they would not accept statutory damages (a maximum of $150,000) and chose to go down the ‘infringer’s profits’ route, something which Judge Alsup described as ‘the height of ridiculousness’ for them to expect the millions they wanted for the copyright infringement. The code may well be integral to Android’s running, but it is still a minute part of the codebase. This is made even more stark by the fact Oracle haven’t provided evidence for damages, it’s a huge gamble for them and it would be hugely surprising if they did receive a large chunk of Android’s profits.

The patent phase itself is close to being wound up, with today (Monday) expected to be the day in which it is all tied up, before heading onto a damages phase. Which given the weekend’s news could also be a speedy affair. Oracle however want to postpone the damage phase of the trial, perhaps realising that their chances are getting something substantial are practically zero at this point, and give them more time. They even want a new jury. 

Last-ditch attempt much?

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