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29 Dec 12 Galaxy S3 Mini Dropped From Apple’s Patent Claims Against Samsung


By Dan Levine
SAN FRANCISCO, Dec 28 (Reuters) – Apple Inc has agreed to withdraw patent claims against a new Samsung phone with a high-end display after Samsung said it was not offering to sell the product in the crucial U.S. market.
Apple disclosed the agreement in a filing on Friday in U.S. District Court in San Jose, California.
Last month Apple asked to add the Galaxy S III Mini and other Samsung products, including several tablet models, to its wide-ranging patent litigation against Samsung.
In response, Samsung said the Galaxy S III Mini was not available for sale in the United States and should not be included in the case.
Apple won a $1.05 billion verdict against Samsung earlier this year, but has failed to secure a permanent sales ban against several, mostly older Samsung models. The patents Apple is asserting against the Galaxy S III Mini are separate from those that went to trial.
Samsung started selling the Mini in Europe in October, to compete with Apple’s iPhone 5. In its filing on Friday in U.S. District Court, for the Northern District of California, Apple said its lawyers were able to purchase “multiple units” of the Mini from Amazon.com Inc’s U.S. retail site and have them delivered within the country.
But Samsung represented that it is not “making, using, selling, offering to sell or importing the Galaxy S III Mini in the United States.” Based on that, Apple said it agreed to withdraw its patent claims on the Mini, “so long as the current withdrawal will not prejudice Apple’s ability later to accuse the Galaxy S III Mini if the factual circumstances change.”
A Samsung official declined to comment. Apple could not immediately be reached for comment.
The case in U.S. District Court, Northern District of California is Apple Inc. vs. Samsung Electronics Co Ltd et al., 12-630. (Reporting By Dan Levine; Editing by Leslie Adler)

Also on HuffPost:

Article source: http://www.huffingtonpost.com/2012/12/28/galaxy-s3-mini-apple-samsung_n_2376952.html

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02 Jun 12 Jobs’ vow to destroy Android fair game at Motorola trial


Steve Jobs’ incendiary comments about Android  in his biography have been ruled fair game for Motorola’s lawyers in its upcoming trial versus Apple. The presiding judge laid out some of the ground rules for the case this week, many of which were not in Apple’s favor.

On Thursday, federal Judge Richard Posner, who’s assigned to the trial set to begin later this month over a series of alleged smartphone patent violations, refused a request by Apple’s legal team to exclude quotes from Walter Isaacson’s Steve Jobs biography accusing Google of stealing from Apple. Some examples:

  • “I will spend my last dying breath if I need to, and I will spend every penny of Apple’s $40 billion in the bank, to right this wrong.”
  • “I’m going to destroy Android, because it’s a stolen product. I’m willing to go thermonuclear war on this.”

Reuters reports that on Thursday Posner “rejected Apple’s request without explanation.”

Then a day later the judge essentially instructed Apple not to try to win points with jurors based on sentimentality over the late Apple founder, his popularity, or that of Apple. FOSS Patents records Posner’s words from Friday:

“More broadly, I forbid Apple to insinuate to the jury that this case is a popularity contest and jurors should be predisposed to render a verdict for Apple if they like Apple products or the Apple company or admire Steve Jobs, or if they dislike Motorola or Google.”

The trial is scheduled to start on June 11 in the U.S. District Court for Northern Illinois. That’s not to be confused with the other trial involving Apple and Samsung, which is set for July 30. It’s going to be an interesting summer for Apple’s legal team.

Related research and analysis from GigaOM Pro:
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Article source: http://gigaom.com/apple/jobs-vow-to-destroy-android-fair-game-at-motorola-trial/

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27 May 12 Jury clears Google in patent case



SAN FRANCISCO — 

Google did not infringe on any Oracle patents when it used Java software in the Android operating system, a federal jury said last week.

The verdict, reached in U.S. District Court, leaves Oracle with a relatively small claim of copyright infringement, making it almost certain that the judge will not demand a harsh penalty from Google.

That would be a mild end to what at one time seemed to be a major case between two of the largest companies in computer technology. Oracle, which picked up the Java software language when it bought Sun Microsystems, accused Google of violating both patent and copyright protections in developing Android, now the world’s most popular smartphone operating system.

If Google had lost on several counts of the case, it could have been subject to severe fines or been forced to let Oracle in on future developments of Android.

“It’s a full win for us,” said Jim Prosser, a Google spokesman. “If you look at what has happened in this case so far, they didn’t have much.”

Deborah Hellinger, an Oracle spokeswoman, issued a statement saying: “Oracle presented overwhelming evidence at trial that Google knew it would fragment and damage Java. We plan to continue to defend and uphold Java’s core write-once, run-anywhere principle and ensure it is protected for the 9 million Java developers and the community that depend on Java compatibility.”

The case became notable for the star power of its witnesses, as both Oracle’s chief executive, Lawrence J. Ellison, and Google’s chief executive, Larry Page, took the stand. Evidence also included several embarrassing emails from Google executives discussing whether they needed to seek a software license for Java.

Earlier this month, the jury found that Google had violated Oracle’s copyright, but only on a few lines of code, out of millions of lines in Android. Other copyright claims were, like Wednesday’s patent claims, unconvincing to the jury.

While Oracle may appeal the verdict, there is still another wrinkle in the trial. The judge must still rule on whether or not application programming interfaces, or APIs, can be copyrighted.

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Article source: http://www.telegram.com/article/20120527/NEWS/105279910/1002/BUSINESS

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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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25 May 12 Google didn’t infringe on Oracle patents, jury rules


A federal jury ruled Wednesday that Google didn’t infringe on Oracle’s patents when the Internet search leader developed its popular Android software for mobile devices.

Wednesday’s verdict comes about two weeks after the same jury, with two additional members, failed to agree on a pivotal issue in Oracle’s copyright-infringement case against Google. As a result, Google Inc. faced maximum damages of only $150,000 – not the hundreds of millions of dollars that Oracle Corp. was seeking.

U.S. District Judge William Alsup dismissed the jury, skipping the damages phase that had been originally scheduled. Had Oracle been able to pursue damages, confidential documents detailing how much money Google makes from its Android software might have become public.

The outcome ends, for now, a showdown pitting two Silicon Valley titans in a courtroom duel that brought Oracle CEO Larry Ellison and Google CEO Larry Page to the witness stand during the 5 1/2-week trial.

SUMMARY

TECH TRIAL OF THE CENTURY: Oracle has accused Google of patent infringement over Google’s Android, the mobile OS that now powers more than 300 million smartphones and tablets.

Jan. 27, 2010: Oracle closes deal to buy Sun Microsystems, gets the Java programming language.

Aug. 12: Oracle sues Google in U.S. District Court, says Android infringes on Java.

Sept. 12, 2011: Company CEOs are ordered to attend mediation to settle the lawsuit.

March 27, 2012: In a joint statement, companies say they are hundreds of millions of dollars apart.

April 16: Trial begins. Oracle says Google knew they stole a key piece of tech.

April 17: Google’s opening statements frame the case as Oracle’s response to its own failure to build mobile software.

April 18: Google’s Larry Page returns to the witness stand, looking uncomfortable as he deflected questions about his role. 

May 1: Lawyers make closing arguments on the copyright issues. Judge sends case to jury for deliberation.

May 7: In a partial verdict, the jury found that Google infringed on the largest of Oracle’s claims, but it couldn’t agree on whether Google’s use was legally protected “fair use.

In vindicating Google, the jury delivered a humbling setback to Oracle. The world’s leading maker of database software had accused Google of building Android around Oracle’s copyrighted and patented Java programming system. Oracle inherited the rights to Java in a $7.3 billion acquisition of Sun Microsystems in 2010.

During the copyright phase of the trial, the jury ruled against Google on a key question related to Java’s “application programming interfaces,” or APIs, that provide the blueprints for making much of the software work effectively. Although the jury found that Google infringed on those APIs, it reached an impasse on whether Google was covered under “fair use” protections in U.S. law. The lack of a fair-use determination hobbled Oracle’s ability to extract huge sums from Google.

The jury found that Android infringed on nine lines of Java coding, but the penalty for that violation is confined to statutory damages no higher than $150,000.

In the second phase of the trial, the jury considered Oracle’s allegations that Android violated two Java patents. The jury said Wednesday that Google had violated neither. The patent case was considered to be worth far less to Oracle than the allegations of copyright infringement.

In a statement, Google said Wednesday’s verdict “was a victory not just for Google but the entire Android ecosystem.” Oracle countered with a statement asserting it had “presented overwhelming evidence at trial that Google knew it would fragment and damage Java.” Oracle didn’t say whether it intended to appeal the jury’s verdict.

Although Alsup dismissed the jury, the case still has a few potential twists.

Google has filed for a mistrial on the API ruling. Google argues that the law doesn’t allow an infringement finding if the fair use question isn’t answered. If mistrial is granted, the allegations could be re-examined by a new jury.

Alsup also will rule on whether the law even allows APIs to be copyrighted – an issue being closely watched by computer programmers. If Alsup finds APIs can be copyrighted, Oracle could still pursue a portion of Google’s Android profits, but obtaining a large award might still be difficult as long as the fair-use question is unresolved.

Article source: http://www.foxnews.com/scitech/2012/05/24/google-didnt-infringe-on-oracle-patents-jury-rules/

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24 May 12 Android doesn’t infringe Oracle’s patents, says jury



SAN FRANCISCO–A jury today unanimously decided that Google did not infringe on two of Oracle’s patents.

In the decision at the U.S. District Court of Northern California, the jury in the trial said Google did not infringe on six claims in U.S. Patent No. RE38,104 as well as two claims in U.S. Patent No. 6,061,520.

The verdict is a win for Google, and marks the end of the trial’s second phase, which focused on the claims of patent infringement. Closing arguments in the case were made last week. After the decision, a third phase–centering on damages–was canceled.

(more…)

Article source: http://asia.cnet.com/android-doesnt-infringe-oracles-patents-says-jury-62215663.htm

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16 May 12 Oracle’s Android lawsuit against Google goes to jury for patent decision


SAN FRANCISCO — A California jury began another round of deliberations on Tuesday in a high profile trial over allegations that Google’s (GOOG) Android mobile platform violates Oracle’s (ORCL) intellectual property rights.

The jury has already wrestled with Oracle’s copyright claims against Google and delivered a partial verdict last week. Now, jurors are mulling Oracle’s patent claims, but the potential patent damages appear far less than what is involved in the copyright allegations.

Redwood City-based Oracle sued Google in August 2010, saying Android infringes on its intellectual property rights to the Java programming language. Google says it does not violate Oracle’s patents and that Oracle cannot copyright certain parts of Java, an “open-source,” or publicly available, software language.

The trial in San Francisco federal court has been divided into three phases: copyright liability, patent claims, and damages.

In court on Tuesday, attorneys for both companies made their closing arguments on patents. Oracle attorney Michael Jacobs said it does not matter that Oracle’s patents only cover certain small parts of Android.

“You

don’t avoid infringement because Android is big,” Jacobs said, adding that Google’s conduct was reckless.

Google attorney Robert Van Nest said the company designed Android from scratch, and that there is no evidence Mountain View-based Google encountered the patented technology until Oracle threatened litigation.

“There’s not a single document, not an email,” Van Nest said.

While Oracle is seeking roughly $1 billion in copyright damages, the patent damages in play are much lower. Before trial, Google offered to pay Oracle roughly $2.8 million in damages on the two patents remaining in the case, covering the period through 2011, according to a filing made jointly by the companies.

For future damages, Google proposed paying Oracle 0.5 percent of Android revenue on one patent until it expires this December and 0.015 percent on a second patent until it expires in April 2018. Oracle rejected the settlement offer.

During trial, U.S. District Judge William Alsup revealed that Android generated roughly $97.7 million in revenue during the first quarter of 2010.

The jury found last week that Oracle had proven copyright infringement for parts of Java. But the jury could not unanimously agree on whether Google could fairly use that material.

Without a finding against Google on that fair use question, Oracle cannot recover damages on the bulk of its copyright claims. Alsup has not yet decided on several legal questions that could determine how a potential retrial would unfold.

The case in U.S. District Court, Northern District of California, is Oracle America, Inc v. Google Inc, 10-3561.

Article source: http://www.mercurynews.com/business/ci_20628964/oracles-android-lawsuit-against-google-goes-jury-patent

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08 May 12 Jury favors Oracle in mega-millions Android lawsuit — sort of


The tech trial of the century is wrapping up — but the winner is anyone’s guess. 

Oracle had been seeking up to $1 billion in damages on copyright claims after alleging that Google built its popular Android mobile software by stealing some of the technology from Java, a programming platform that Oracle Corp. bought two years ago.

In delivering a partial verdict Monday, the jury found that Google infringed on the largest of Oracle’s claims, but it couldn’t agree on whether Google’s use was legally protected “fair use.” 

SUMMARY

TECH TRIAL OF THE CENTURY: Oracle has accused Google of patent infringement over Google’s Android, the mobile OS that now powers more than 300 million smartphones and tablets.

Jan. 27, 2010: Oracle closes deal to buy Sun Microsystems, gets the Java programming language.

Aug. 12: Oracle sues Google in U.S. District Court, says Android infringes on Java.

Sept. 12, 2011: Company CEOs are ordered to attend mediation to settle the lawsuit.

March 27, 2012: In a joint statement, companies say they are far apart. Oracle seeks hundreds of millions in damages, Google won’t pay more than a few million.

April 16: Trial begins. In opening statements, Oracle says Google’s top executives have long known that they stole a key piece of tech.

April 17: Google’s opening statements frame the case as Oracle’s response to its own failure to build mobile software. Oracle CEO Larry Ellison admits he wanted to compete before deciding instead to sue Google.

April 18: Google’s Larry Page returns to the witness stand, looking uncomfortable as he deflected questions about his role. 

May 1: Lawyers make closing arguments on the copyright issues. Judge sends case to jury for deliberation.

Without that determination, it will be difficult for Oracle to win major damages — making the ruling a victory of sorts for the company, but one that will clearly frustrate.

“We appreciate the jury’s efforts, and know that fair use and infringement are two sides of the same coin,” a Google spokeswoman told FoxNews.com. “The core issue is whether the APIs here are copyrightable, and that’s for the court to decide.”

The company remained optimistic the mixed ruling. 

“We expect to prevail on this issue and Oracle’s other claims,” she said.

The jury also found that Google infringed on Oracle’s copyright on nine lines of Java code that is in Android, but Oracle can only go after statutory damages on that one. Those damages can range from $200 to $150,000 — peanuts relative to Oracle’s goals in the case.

Oracle did not immediately respond to FoxNews.com requests for comment.

Meanwhile, Google is moving for a mistrial.

Google has argued that it only used parts of Java that have always been freely available.

The same jury will now hear evidence in the next phase of the trial, covering Oracle’s allegations that Android violates two Java patents. Those claims are believed to be worth considerably less to Oracle than the hundreds of millions of dollars in damages that it had hoped to extract from Google had it prevailed on all of its all of its allegations of copyright infringement.

Oracle bought Sun and Sun’s Java technology in early 2010. Later that year, Oracle sued Google, alleging Android infringes copyrights and patents that protect Java. 

The companies went to trial in San Francisco earlier this month. And Oracle’s case had initially appeared rock solid.

Ahead of testimony by senior executive Larry Ellison, Oracle released a series of quotes from senior Google executives suggesting they knew they were treading on thin legal ice.

“If Sun doesn’t want to work with us, we have two options: 1) Abandon our work … -or- 2) Do Java anyway and defend our decision, perhaps making enemies along the way,” Google senior vice president of mobile Andy Rubin reportedly emailed to co-founder Larry Page on Oct. 11, 2005.

Rubin then suggested to Page that the company pay Sun for a license to the technology — an action Google never took. Subsequent emails appear to show various Google employees covering up the use of Java.

“How aggressive do we scrub the J word?,” former Google software engineer Dan Bornstein apparently wrote.

It seems the jury had questions as well.

The Associated Press contributed to this report. 

Article source: http://www.foxnews.com/scitech/2012/05/07/google-oracle-jury-reaches-impasse-on-key-issue/

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07 May 12 Jury favors Oracle in mega-millions Android lawsuit, hits impasse on key issue


A federal jury in San Francisco has reached an impasse on a key issue in Oracle’s copyright-infringement case against Google, handing the database-software company a major setback.

Oracle had been seeking up to $1 billion in damages on copyright claims after alleging that Google Inc. built its popular Android mobile software by stealing some of the technology from Java, a programming platform that Oracle Corp. bought two years ago.

In delivering a partial verdict Monday, the jury found that Google infringed on the largest of Oracle’s claims, but it couldn’t agree on whether Google’s use was legally protected “fair use.” Without that determination, it will be difficult for Oracle to win major damages.

SUMMARY

TECH TRIAL OF THE CENTURY: Oracle has accused Google of patent infringement over Google’s Android, the mobile OS that now powers more than 300 million smartphones and tablets.

Jan. 27, 2010: Oracle closes deal to buy Sun Microsystems, gets the Java programming language.

Aug. 12: Oracle sues Google in U.S. District Court, says Android infringes on Java.

Sept. 12, 2011: Company CEOs are ordered to attend mediation to settle the lawsuit.

March 27, 2012: In a joint statement, companies say they are far apart. Oracle seeks hundreds of millions in damages, Google won’t pay more than a few million.

April 16: Trial begins. In opening statements, Oracle says Google’s top executives have long known that they stole a key piece of tech.

April 17: Google’s opening statements frame the case as Oracle’s response to its own failure to build mobile software. Oracle CEO Larry Ellison admits he wanted to compete before deciding instead to sue Google.

April 18: Google’s Larry Page returns to the witness stand, looking uncomfortable as he deflected questions about his role. 

Monday: Lawyers make closing arguments on the copyright issues. Judge sends case to jury for deliberation.

The jury also found that Google infringed on Oracle’s copyright on nine lines of Java code that is in Android, but Oracle can only go after statutory damages on that one. Those damages can range from $200 to $150,000.

Google is moving for a mistrial. Google prevailed on other claims.

Google has argued that it only used parts of Java that have always been freely available.

The same jury will now hear evidence in the next phase of the trial, covering Oracle’s allegations that Android violates two Java patents. Those claims are believed to be worth considerably less to Oracle than the hundreds of millions of dollars in damages that it had hoped to extract from Google had it prevailed on all of its all of its allegations of copyright infringement.

Oracle bought Sun and Sun’s Java technology in early 2010. Later that year, Oracle sued Google, alleging Android infringes copyrights and patents that protect Java. The companies went to trial in San Francisco earlier this month.

During his closing argument, Google attorney Van Nest leaned heavily on the testimony of former Sun Chief Executive Jonathan Schwartz, who had said Sun had no grounds to sue Google over Android. Schwartz, as Google’s attorneys stressed, publicly praised Android.

Article source: http://www.foxnews.com/scitech/2012/05/07/google-oracle-jury-reaches-impasse-on-key-issue/

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04 May 12 Judge says Google’s Android lost money in 2010



SAN FRANCISCO |
Thu May 3, 2012 7:33pm EDT

SAN FRANCISCO (Reuters) – Google Inc’s Android mobile platform resulted in a net loss for the company in every quarter of 2010, despite generating roughly $97.7 million in revenue for the first quarter of that year, a U.S. judge said in court.

The discussion on Thursday of the finances of what has become the world’s leading mobile operating software in just four years came during a damages hearing in high stakes litigation between Oracle and Google over smartphone technology.

A jury is deliberating on Oracle’s allegation that Google, the top Internet search engine, violated its copyright to parts of the Java programming language. At the end of the day on Thursday, one juror sent out a note asking what would happen if they can’t reach a unanimous verdict.

In response, U.S. District Judge William Alsup sent the jury home for the day and asked them to continue deliberating on Friday.

Oracle sued Google in August 2010, saying Android infringes on its intellectual property rights to the Java programming language. Google says it does not violate Oracle’s patents and that Oracle cannot copyright certain parts of Java, an “open-source,” or publicly available, software language.

In a hearing outside the jury’s presence earlier on Thursday, Alsup quizzed attorneys for both companies about some of the Android financial information submitted in the case.

Alsup had sealed an internal 2011 Google document which contains profit and loss numbers for Android in 2010. However, the judge read aloud certain portions of it in court on Thursday.

The judge did not disclose the specific loss figures for Android, but said it lost money in each quarter of 2010.

“That adds up to a big loss for the whole year,” Alsup said.

Google does not publicly report financial information about Android. The company announced the operating system in 2007, and the first Android phone was shipped in 2008.

Oracle contends that Google should not be able to deduct certain Android expenses for the purposes of copyright damages in the case. However, Google spokesman Jim Prosser said Oracle misrepresented its financial numbers.

The trial has been divided into three phases: copyright liability, patent claims, and damages. It began in April and is expected to last at least eight weeks.

The juror’s note about a possible deadlock was the eighth communication from the panel since they began deliberating on Monday. Alsup tried to lift their spirits, saying it was a very complicated case.

“It’s not unusual for people to disagree,” Alsup said.

If the jury does become deadlocked, Alsup said that they might move on to hear evidence in the patent phase of the case, and another jury would have to resolve the copyright questions on a retrial.

The case in U.S. District Court, Northern District of California, is Oracle America, Inc v. Google Inc, 10-3561.

(Reporting by Dan Levine; Editing by Richard Chang, Bernard Orr)

Article source: http://www.reuters.com/article/2012/05/03/us-oracle-google-trial-idUSBRE84219120120503

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