Oracle and Google both file appeals in Android trial verdict

Chris Mayer

An expected appeal from Redwood Shores against Google as the Android trial goes on even longer

As some speculated, Oracle have decided to appeal the ruling in the embittered patent and copyright Android battle with Google. Less probably expected Google to also appeal on the small matters.

Late on Wednesday, the database giant first filed “a notice of appeal” to the U.S. District Court for the Northern District of California, looking to overturn Judge William Alsup’s trial findings that the Java APIs within Android were non-copyrightable.

This move was largely expected after the ruling in May, which saw Oracle come out as the ultimate loser in the two-year legal wrangle over the 37 Java APIs in the Android platform. The jury initially delivered a partial verdict in Oracle’s favour, in which Google were found to infringe nine lines of Java code out of 12 million, under the assumption APIs were copyrightable. But Judge Alsup cleared Google of infringement, adjudging the company to have used the code under fair use.

Alsup said at the time: “To accept Oracle’s claim would be to allow anyone to copyright one version of code to carry out a system of commands and thereby bar all others from writing their own different versions to carry out all or part of the same commands.”

He continued: “No holding has ever endorsed such a sweeping proposition.”

In June, Oracle agreed to accept zero damages after conferring with Google, effectively putting an end to their lengthy spell in court for the time being. But as is the case with this trial, we shouldn’t expect a swift resolution. Especially if FOSS Patents’ opinion that Oracle could take this all the way to the Supreme Court is to believed.

Separately, Google appeals the court’s denial of a motion for a judgment as a matter of law.

Both sides have yet to comment on the appeal at the time of writing. Whilst the two companies continue to duke it out in the courtroom, many in the Java community would rather see the two spending time and money on continuing to innovate instead.

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