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26 May 12 Google’s patent trial win seen as ‘near disaster’ for Oracle


The patent phase of the trial was less important than the copyright issues because the patents were worth much less, said Brian Love, an intellectual-property attorney and teaching fellow at Stanford Law School. Still, the jury finding yesterday underscored how the trial went against Oracle, he said.

“This case is maybe something like a near disaster for Oracle,” Love said yesterday in a phone interview.

The jury found May 7 that Google had copied nine lines of Oracle code in Android, which has 15 million lines of code. That finding may not translate to big damages. Oracle may be limited to seeking about $150,000, the most allowed by law, for the copying, the presiding judge in the case has said.

‘Couple of Days’

“That potentially is not enough to cover what they are spending over a couple of days” in legal fees during the trial, Love said.

U.S. District Judge William Alsup said he may issue a ruling next week on whether Oracle’s Java application programming interfaces, software tools at the heart of the case, can be copyrighted. A ruling that they can’t would be another blow to Oracle, while a ruling for Oracle would revive the company’s ability to seek large damages.

Alsup must also rule on Oracle’s request that he overturn the jury’s patent verdict and issue a judgment in its favor based on his reading of the evidence. He also has to rule on Google’s request for a new trial on copyright infringement.

Immediately after the verdict was announced, the judge dismissed the jury from the case and canceled the third phase of the trial over damages.

Oracle, the largest maker of database software, alleged Google stole two patents for the Java programming language when it developed Android, which now runs on more than 300 million smartphones. In the first phase of the trial, the same jury found the search engine company infringed Oracle’s Java copyrights while it couldn’t agree on whether the copying was “fair use.”

The legal doctrine of fair use states that anyone can use copyrighted work without consent of the owner under certain circumstances, such as for teaching, in news reporting and commentary or to advance the public interest by creating something new.

‘A Victory’

“Today’s jury verdict that Android does not infringe Oracle’s patents was a victory not just for Google but the entire Android ecosystem,” Catherine Lacavera, Google’s director of litigation, said yesterday in an e-mailed statement.

Google and Oracle’s experts had estimated damages for both patents at $3 million to $4 million if the jury found infringement.

“Oracle presented overwhelming evidence at trial that Google knew it would fragment and damage Java,” Deborah Hellinger, a spokeswoman for Oracle, said in an e-mail after the verdict. “We plan to continue to defend and uphold Java’s core write-once run-anywhere principle and ensure it is protected for the nine million Java developers and the community that depend on Java compatibility.”

Jury foreman Greg Thompson, 52, said yesterday that during deliberations he alone among the 10 jurors thought that Google infringed Java patents. After almost six days of discussions, he said he was persuaded by other panel members to change his vote.

Jury Foreman

The jury lost two members over the course of the six-week trial. Thompson said he alone voted that Google’s use of Java copyrights didn’t constitute fair use early in deliberations in the copyright phase. Eventually he convinced two other jurors and the jury deadlocked after nine members voted that Google made fair use of the copyrights, he said.

“The more tech-savvy a person is, the more difficult it is to persuade them about what limitations should be placed on technology,” Thompson said in an interview after the trial.

The case is Oracle v. Google, 10-3561, U.S. District Court, Northern District of California (San Francisco).

Article source: http://www.washingtonpost.com/business/googles-patent-trial-win-seen-as-near-disaster-for-oracle/2012/05/24/gJQA0HNgnU_story.html

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26 May 12 Google’s Android Didn’t Infringe Oracle Patents, Jury Says



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Google’s Android Didn’t Infringe Oracle Patents, Jury Says

Google’s Android Didn’t Infringe Oracle Patents, Jury Says

Google’s Android Didn’t Infringe Oracle Patents, Jury Says

David Paul Morris/Bloomberg

Google I/O conference in San Francisco.

Google I/O conference in San Francisco. Photographer: David Paul Morris/Bloomberg

3LP's Rivette Discusses Oracle Suit Against Google

May 23 (Bloomberg) — Kevin Rivette, a managing partner at 3LP Advisors LLC, talks about a federal jury’s finding that Google Inc. didn’t infringe on Oracle Corp.’s patents in developing Android software.
He speaks with Cory Johnson on Bloomberg Television’s “Bloomberg West.” (Source: Bloomberg)

Google Didn’t Infringe Oracle Patents for Java

May 23 (Bloomberg) — Google Inc. didn’t infringe Oracle Corp.’s patents for Java, a jury said today. Jon Erlichman reports on Bloomberg Television’s “Bottom Line.” (Source: Bloomberg)

Google Inc. (GOOG), the largest Web search
provider, didn’t infringe Oracle Corp. (ORCL)’s patents in developing
Android software, a federal jury found in the second phase of an
intellectual-property trial in San Francisco.

The 10-person jury ruled unanimously today that neither of
the two patents at issue was infringed. Jurors found May 7 that
Google infringed Oracle’s copyrights and deadlocked on whether
it was “fair use,” denying Oracle the ability to seek as much
as $1 billion in damages from the search engine company. Last
year Oracle said copyright damages could amount to $6 billion.

The patent phase of the trial was less important than the
copyright issues because the patents were worth much less, said
Brian Love, an intellectual-property attorney and teaching
fellow at Stanford Law School. Still, the jury finding today
underscored how the trial went against Oracle, he said.

“This case is maybe something like a near disaster for
Oracle,” Love said in a phone interview.

The company may be limited to seeking about $150,000, the
most allowed by law, for copyright infringement, the presiding
judge in the case has said.

‘Couple of Days’

“That potentially is not enough to cover what they are
spending over a couple of days” in legal fees during the trial,
Love said.

U.S. District Judge William Alsup said he may issue a
ruling next week on whether Oracle’s Java application
programming interfaces, software tools at the heart of the case,
can be copyrighted. A ruling that they can’t would be another
blow to Oracle, while a ruling for Oracle would revive the
company’s ability to seek large damages.

Alsup also must rule on Oracle’s request for a patent
judgment in its favor based on his reading of the evidence, and
Google’s request for a new trial on copyright infringement.

Immediately after the verdict was announced, the judge
dismissed the jury from the case and canceled the third phase of
the trial over damages.

Oracle, the largest maker of database software, alleged
Google stole two patents for the Java programming language when
it developed Android, which now runs on more than 300 million
smartphones. In the first phase of the trial, the same jury
found the search engine company infringed Oracle’s Java
copyrights while it couldn’t agree on whether the copying was
“fair use.”

‘A Victory’

“Today’s jury verdict that Android does not infringe
Oracle’s patents was a victory not just for Google but the
entire Android ecosystem,” Catherine Lacavera, Google’s
director of litigation, said in an e-mailed statement.

Google and Oracle’s experts had estimated damages for both
patents at $3 million to $4 million if the jury found
infringement.

“Oracle presented overwhelming evidence at trial that
Google knew it would fragment and damage Java,” Deborah Hellinger, a spokeswoman for Oracle, said in an e-mail after the
verdict. “We plan to continue to defend and uphold Java’s core
write-once run-anywhere principle and ensure it is protected for
the nine million Java developers and the community that depend
on Java compatibility.”

Jury foreman Greg Thompson, 52, said today that during
deliberations he alone among the 10 jurors thought that Google
infringed Java patents. After almost six days of discussions,
said he was persuaded by other panel members to change his vote.

Jury Foreman

The jury lost two members over the course of the six-week
trial. Thompson said he alone voted that Google’s use of Java
copyrights didn’t constitute fair use early in deliberations in
the copyright phase. Eventually he convinced two other jurors
and the jury deadlocked after nine members voted that Google
made fair use of the copyrights, he said.

“The more tech-savvy a person is, the more difficult it is
to persuade them about what limitations should be placed on
technology,” Thompson said in an interview after the trial.

Handing patent cases to juries is “always a mixed bag,”
Love said.

Google rose $8.66 to $609.46 at 4:02 p.m. in New York
trading after spiking as much as 0.7 percent when the verdict
was announced. Oracle climbed 32 cents to $26.68.

The case is Oracle v. Google, 10-3561, U.S. District Court,
Northern District of California (San Francisco).

To contact the reporter on this story:
Karen Gullo in San Francisco at
kgullo@bloomberg.net

To contact the editor responsible for this story:
Michael Hytha at
mhytha@bloomberg.net

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Article source: http://www.bloomberg.com/news/2012-05-23/google-s-android-didn-t-infringe-oracle-patents-jury-says-1-.html

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