Judge Rejects Oracle’s $6.1 Billion Damages Claim
Judge calls for revised damages report from Oracle.
Has former Sun CEO Jonathan Schwartz’s blog been removed? The former URL for Schwartz’s blog is currently displaying the blog for Oracle employee Jonathan Benoit, although Benoit has yet to post at this blog. The disappearance of Schwartz’s blog has led some to speculate that Oracle have removed the blog, due to a 2007 post the former CEO made, congratulating Google on its launch of Android, and stating that Android will add momentum to the Java platform.
“I just wanted to add my voice to the chorus of others from Sun in offering my heartfelt congratulations to Google on the announcement of their new Java/Linux phone platform, Android. Congratulations!” he said. “Today is an incredible day for the open source community, and a massive endorsement of two of the industry’s most prolific free software communities, Java and Linux.”
Oracle are currently suing Google for alleged patent and copyright infringement. The lawsuit began in 2010, when Oracle claimed that “in developing Android, Google knowingly, directly and repeatedly infringed Oracle’s Java-related intellectual property.” Oracle’s damages expert, Dr. Cockburn eventually submitted a damages report that ranged from $1.4 billion, to $6.1 billion. Google reacted to this by asking for Dr Cockburn’s report to be excluded.
Now, Judge William Alsup, who is presiding over the Oracle/Google patent dispute over Android, has issued a written statement excluding Dr. Cockburn’s report. In the report, Dr Cockburn 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 billion.” Alsup has argued that this estimate is based on the entire Java environment, and not on the patents the trial is centred on. “This approach was defective,” he said in his 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 damages report.