Oracle patent claim against Android tossed out

We have talked about the legal battle between Oracle and Google over alleged code in Android that was taken from Java. Apparently the USPTO has looked into the 21 claims that oracle was making against Google in the case over infringement on patent 6,192,476. Of all the claims in the case, the only one asserted against Google in the suit was claim 14 reports 9to5Google.

The USPTO rejected 17 of those 21 claims and Oracle has until February 20 to appeal the decision. Oracle had been looking for the case to start in late January. Whether or not the firm will push forward with the suit at this point is unknown. Oracle was prepared to provide an expert’s report on the damages it had sustained due to the alleged Java infringement.
Google has reportedly issued a statement that says it doesn’t want to delay the case any longer that necessary. However, the search giant had previously stated that it had scheduling issues and that the case couldn’t start until July of 2012.
[via 9to5Google]

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Oracle claims $1.16 billion in damages from Google

Just when we thought it was over, Oracle has reiterated in a court filing today that the patent infringement by Google’s upon Java patents held by Oracle totals $202 million. They also claimed up to $960 million on the terms of copyright infringement by the internet search giant.

Judge William Alsup, the judge who will preside over the case, had initially suggested that the two companies attempt to produce a mediation before bringing the case before a jury. At the time of that statement, both sides appeared willing to negotiate an agreement outside of court. Unfortunately, Oracle’s court filing suggests that the two groups could not come to terms on the infringement.
Additionally, Oracle cites that the initial claim by Google that Oracle sought damages of approximately $2 billion dollars were incorrect. However, Oracle’s initial damage estimate in the case came in at around $6 billion. The revised estimate is a result of Judge Alsup’s rejection of the initial six billion dollar claim, and Oracle has since reevaluated its claim.
The trial date has been set for October 31st.
[via Reuters]

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Android dispute may be ended by Google Oracle meeting

The CEOs from Oracle and Google are going to face each other in court today for resolving a dispute which is threatening to become the biggest danger to Google’s Android mobile OS, which now runs on over 150 million mobile devices. Larry Page from Google and Larry Ellison from Oracle have been ordered by the court to appear before a magistrate of federal court in San Jose after their year-long tussle over patents. Oracle has accused Google of infringing on its patents related to the Java software of the company, and if the parties agree on a settlement outside the court they will not have to run the risk of having to accept the decision of a jury on the dispute.
A lawyer named Scott Daniels compared the situation with Gorbachev and Reagan, as the biggest probability of settling the dispute will need the CEO’s of both the companies at the scene. The suit filed by Oracle in August 2010 could very well represent a much bigger threat to the Google platform than the court cases filed by Apple Inc. which has already won several decisions against the manufacturers of Android based devices.
During the negotiations for settlements, Page will attempt to avoid paying licensing fees to Oracle, which according to several analyst estimates can go as high as $15 for every device. This fee can lead to slower adoption of the platform by device manufacturers, even as Google gives it away for free.
While arriving at the court house, Page said that the company is looking to have a productive day. The dispute has acquired some more tension as Ellison is under increasing pressure to derive profit from Oracle’s takeover of Sun Microsystems Inc. which owns the Java software which is the center of contention here. He said in an interview that the company will look to do the best that it can.
A Google spokesman, Aaron Zamost, and also an Oracle spokeswoman, Deborah Hellinger, did not comment on the issue. According to Neil Herman, who is an analyst, this lawsuit has seen Ellison demonstrate his caliber as an opponent for Google. Herman said that Larry Ellison has always had a very masterful ability for hiring great attorneys who give him effective advice which lead to his frequent successes in court room battles.

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Google and Oracle CEOs ordered to sit in settlement talks

Google chief Larry Page and his Oracle counterpart Larry Ellison​ were ordered on Friday to attend a special settlement meeting previously called for in Oracle's lawsuit over Java use in Android. The September 19 gathering, ordered by Magistrate Judge Paul Grewal, will include other executives but will require the two CEOs at a minimum. It followed after private mediation hit an impasse and the judge in the main case, William Alsup, called for court oversight to help force a resolution.
Although Google protests its innocence, much of the impasse has come over what the company is willing to pay versus what Oracle wants. The database firm has asked for $2.6 billion and as much as six billion, both figures that Google considers too steep. Oracle has been seeking as much as it can and has even called for destroying Android products that allegedly copy the patents, dealing serious damage to hardware partners.

Google has fought Oracle but has been steadily cornered on signs that it was not just using patented Java code that transferred from Sun to Oracle but that its executives knew they might have to license patents if they didn't get a deal from then-owner Sun. Engineers have said they had access to Sun code at the time Android was being established at Google.

If the two firms fail to settle soon, a formal trial is due to start on October 31. A formal case could deal a blow to Google as it not only has to see Larry Page testify but Motorola as well.

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Oracle vs Google Android lawsuit to End

It’s been over a year since we first reported that Oracle was looking into a suit against Google for its perceived infringement of their Java code, and we’ve finally come to a point where it appears that both parties are willing to reach, maybe, perhaps, a settlement. This settlement may well come in this newest announced move for a mediation meeting between representatives from Google and representatives from Oracle, this newest move sparking talk about how serious Google is taking the case and questions over whether or not they’re prepared to defend themselves in a case that could, ultimately, believe it or not, end up in the destruction of Android as we know it today.

One of the most interesting very possibly related events to surround this whole situation is the announcement last week that Java creator James Gosling would be leaving Google after only 6 months on the job. His tenure with the group starting and ending at the start and possible end of this, at first glance, unrelated court case. After that, is all obvious factoids.
A big drop of information came earlier this year when a mister Florian Mueller found code which he saw as evidence against Google in the very case we’re speaking about now. Later the same month we found this evidence to be bunk for the most part – to which Mueller came back and said that he’d found six more files to be considered in the case. We saw Oracle supposedly deleting a blog post showing their CEO’s approval of Java in Android, then a few more stories popped up about a seemingly unrelated few talks between Google and Microsoft on patents – war, war I tell you!
BONUS from our sister-site SlashGear: in July of 2011 the still relatively new Google CEO Larry Page was the subject of a 2 hour grilling on the case.
Today we’ve gotten word that both parties have agreed to walk toward one another without weapons of any kind, no knives, no clubs, no sharp sticks, and settle this thing like good god-fearing Americans – or whatever well-mannered law-abiding citizens are called these days. Both groups have released statements:
Google writes:

Google welcomes the Court’s suggestion that the parties participate in a mediation of this case before a Magistrate Judge. Google does not object to participating in a mediation before a Magistrate Judge who is not otherwise involved in this case.
Google recognizes the importance of having top executives of the parties attend the Court-ordered mediation. Google proposes that Andrew Rubin, who is Senior Vice President, Mobile and reports directly to the Chief Executive Officer, attend for Google together with Kent Walker, Vice President and General Counsel of Google. Mr. Rubin’s executive responsibilities include all of Google’s mobile business, of which the Android business is a part. Mr. Rubin is knowledgeable regarding the issues in this case and he is fully empowered to resolve this matter on reasonable terms.
Google also understands from counsel for Oracle that they propose that Safra Catz and Thomas Kurian attend on behalf of Oracle — and Google agrees with this choice. Ms. Catz is one of two Presidents of Oracle who, like Mr. Rubin, reports directly to Oracle’s Chief Executive Officer. Mr. Rubin and Ms. Catz were involved in previous discussions involving the subject matter at issue in this case.

Oracle writes:

Oracle concurs with the Court’s view that an additional attempt at settlement of the case through mediation before a United State Magistrate Judge is warranted. Oracle has found previous efforts at settlement, including private discussions between the parties, frustrating for lack of follow-through, and believes that those efforts have not exhausted the possibilities for resolving the case.
As suggested by the Court, Oracle considers it essential that both parties bring top-level executives. Accordingly, Oracle’s executive representatives in the mediation before the Magistrate Judge will be Safra Catz, President of Oracle Corporation, and Thomas Kurian, Executive Vice President of Oracle Product Development.
Oracle will strive to make its representatives available as necessary and proposes that the mediation occur before the end of September.

It is Judge William Alsup who presides over this case and who has suggested such a mediation before the case heads to jury. Oracle’s Safra Catz, is generally considered by a whiz when it comes to this sort of talk, while Florian Mueller, who just seems to keep popping up in this epic story somehow, says:

The choice of Andy Rubin and Google’s General Counsel Kent Walker is very questionable. While Google can’t be penalized for the fact that it doesn’t give anyone the title of “President”, those two executives are clearly not at a level with Safra Catz.

Without a doubt we’ve still got a little while before this case is settled for real, but because the stakes are so high, we’ve just GOT to keep you updated on the proceedings and all the little jabs and cuts. What do you think will end up happening? Will Oracle win? Or will Google emerge victorious with a stomach full of Oracle airplane?
[via SlashGear]

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