The height of ridiculousness

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

Chris Mayer

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

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

Last-ditch attempt much?

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