Google Vs. Oracle Trial

Oracle’s Damages Report Excluded from Google Trial

Jessica Thornsby

Oracle ordered to provide a revised damages report in the Android patent trial.

Judge William Alsup, who is presiding over the Oracle/Google
patent dispute over Android, has “largely granted” Google’s request
to exclude the report and testimony of Oracle’s damages expert.

On May 21st 2011, Oracle submitted a report from Dr Iain
Cockburn, a professor of finance and economics at Boston
University, in which he stated his opinion on the damages Oracle
were due, in the alleged patent and copyright infringement case. He
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

In a written statement handed down on Friday, Alsup
gives his reason for excluding Dr Cockburn’s estimate, which
include that Dr Cockburn based this estimate on the entire Java
environment – not on the particular patents being question. “This
approach was defective,” reads the 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 damaged report, although
according to Alsup’s written statement, “the court is yet unwilling
to give up on the October trial date.”

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