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 billion.”

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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