California Northern District: Oracle Willing to Drop Patent Infringement Case vs. Google

By Joseph Mandour on January 24, 2012

Lawyer California – In its efforts to speed up the proceedings in a copyright trial, Oracle said that it is willing to drop charges in its patent infringement lawsuit against Google. The move is intended to avoid delays so that Oracle can speed up an injunction against Google involving copyright infringement.

The injunction at issue is over Android’s use of the Java technology platform. According to the complaint, filed in the Northern District of California in 2010, Google’s Android operating system has been infringing on Oracle’s patents and copyrights for Java. In 2009 Oracle purchased Sun Microsystems, the creator of Java. Throughout the lawsuit, Google has maintained that it had a prior licensing agreement with Sun Microsystems to use Java before the Oracle purchase.

Now, in a recent filing, Oracle is placing all bets on the copyright infringement portion of the case to ban infringing Android phones using the Java application. In a number of options laid out to the court, Oracle initially requests that the court “sever and stay” the patent infringement claims and set a trial date on the copyright claims for the near future. During the time that the jury will hear the copyright infringement claims, Oracle plans to work on coming up with a damages estimate, which has been one of the current delays in the case. At the conclusion of the copyright infringement portion of the case, the court could then re-focus on hearing the patent infringement claims.

If the court neither stays nor dismisses the patent claims, Oracle proposed another scenario that would put the trial date for both patent and copyright infringement claims in the next few months. In the recent filing, Oracle stated that it won’t back down on its plan to present the so-called Lindholm email to a jury, a piece of evidence that Google has fought to prevent Oracle from showing. Lindholm’s email message sent to Google engineers suggests that Google knew it needed a license from Oracle to use Java.

“What we’ve actually been asked to do by Larry [Page] and Sergey [Brin] is to investigate what technology alternatives exist to Java for Android and Chrome,” Google engineer Tim Lindholm wrote in his email. “We’ve been over a hundred of these and think they all suck. We conclude that we need to negotiate a license for Java,” Lindholm added in his email referring to Google’s co-founders.

Despite the email, Google continues to deny any wrongdoing.

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Posted in: Patent Infringement