Ding ding

Oracle vs Google – Trial enters Round Two for patents, Google file for mistrial

Chris Mayer
Round-2

With tussles over the copyright verdict still occurring, the trial enters into stage two – looking at patents.

As the embers of the copyright phase of this trial between
Oracle and Google still linger around, we move into the second
round, focusing squarely on whether Google infringed Oracle’s Java
patents when building Android.

The arguments over the partial verdict will no doubt continue
for some time yet, with the ‘fair use’ defence still very much in
the air. Florian Mueller was quick to report
Google’s formal motion for a new trial,
in the light of being
found to have breached copyright infringment on those 37 APIs.

Their stance is pretty clear:

Google therefore requests that the Court declare a
mistrial, and order a new trial, as to both infringement and fair
use as to Oracle’s claim that Google is liable for infringement of
its copyright on the structure, sequence, and organization of the
37 API packages.

Oracle however are willing press to forward and let Judge
Alsup make a fair use ruling. Fortunately for the jury, the patent
stage won’t be dealing at all with fair use, possibly generating a
collective sigh of relief. Theoretically, this should make their
decision easier in deciding whether Java patents were violated when
Google were building the Android platform, but we shall
see.

As for the action from the Californian courtroom, Oracle
and Google both provided their opening statements, directly after a
short educational video outlining what a patent actually is and
what stock it holds. You’ll no doubt remember that Oracle’s initial
lawsuit detailed 7 patents that they thought were infringed by
Google. Over the course of a year or so, this eventually resulted
in two patents being brought to court - 6,061,520 and RE38,104,
both playing a key part in the JVM.

Oracle’s mission is simple – prove Google was aware, or
willfully blind’, when using the Java patents with the
Dalvik virtual machine. 
They were up first, recalling
some old faces in the form of Google engineer Tim Lindholm and
Android chief Andy Rubin to the stand.

Their line of questioning took a new turn, no doubt in part due
to the banning of the email between Lindholm and Rubin, which Judge
Alsup claimed Oracle had “beaten
that to death.”
 Instead, Oracle’s lawyers attempted to
ascertain what Lindholm’s role was in creating the Java Virtual
Machine, by showing evidence detailing 17 patents of his and
brought up other email threads. 

Lindholm asserted in cross-examination that he hasn’t
been a part of any design work on Android, including the Dalvik
virtual machine and that he hadn’t written much Java code since
2005. So barely any new light shed there, but he could well return
yet again.

In a familiar appearance to his first, Rubin appeared
tense at the stand, dodging questions wherever possible. This time,
Oracle questioned Rubin over his patent knowledge and the clean
room implementation, Rubin responded mostly with negative answers.
In truth, this day’s proceedings were a damp squib for juicy
information as Oracle sped through a packed roster of witnesses.
This is probably seen as a good thing, as we might reach a verdict
much sooner than in the first part.

Rubin is expected to return to the stand, later today
(Wednesday) to face further questioning.

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