Google Claims That the $2.2 Billion Oracle Claim against Android Is Flawed

Google has urged the presiding judge in their Android smartphone case against Oracle to reject Oracle’s $2.2 billion claim.

Last year, Oracle sued over the Android OS (operating system) of Google’s making the claim that they infringed upon Oracle’s Java patents with their Android software. Originally, Oracle was asking for a total of $6.1 billion in damages, however, William Alsup, the United States District Judge, rejected that number. Furthermore, Judge Alsup ordered Oracle to leave and then come back once they’ve come up with something that was considerably more reasonable.

Ultimately, Oracle along with Iain Cockburn, their expert witness, returned with the $2.2 billion figure. Google is stating that the way that they came up with a figure, along with the figure itself, is “flawed”. The figure that Cockburn came up with breaks down as:

• Recommended Damages for Copyright Infringement Exceeding $2 Billion
• $1.2 Billion of This $2 Billion Figure Goes to “Unjust Enrichment”
• Recommended Damages for Patent Infringement of $201.8 Million

Google was rebuked by Judge Alsup previously when they attempted to pay the importance of Android down in their attempt to lower any awarded damages. There was another ticking off of Google by Judge Alsup when they tried to use their previous Sun talks with regards to licensing Java as another attempt at the lowering of any potentially awarded damages.

It was previously stated by the Judge that Google and Oracle should begin their settlement negotiations around the figure of $100 million, however, with an expected trial beginning in October, there’s little time for the companies to come to any type of agreement. The amounts are simply too far apart to come up with anything within such a short timeframe.

The Google and Oracle negotiations are not only going to be featuring a plethora of expert witnesses, but also to the technology industries most powerful CEOs:

• Larry Ellison — CEO of Oracle
• Larry Page — CEO of Google

Both of the CEOs, in an attempt to get things sorted out, were ordered to appear at a mediation hearing, although resolution looks much further apart than it ever has up to this point.

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Tags: Android, Google, google oracle lawsuit, oracle

This entry was posted on Thursday, September 22nd, 2011 at 1:21 pm by Matt Heman and is filed under Google. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.