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Judge denies Google quick exit from Oracle's Android suit

updated 11:50 am EST, Tue February 22, 2011

Google denied summary judgment vs. Oracle

Google lost another strategic battle in defending itself against Oracle's Android lawsuit. The Northern District of California court judge denied an attempt by Google to have a summary judgment that would have said Android wasn't copying Oracle's Java technology. The judge determined that there wasn't reason to "engage in a summary judgment battle." He gave Google an opening to try again, but only if the evidence discovery process gave it new reasons to file for a judgment again.

The setback came also as Oracle also broadened its claims as to the extent of Google's alleged copying. Android's Java engine is based on the specs for "hundreds" of Oracle files, Oracle complained. It went on to reinforce its evidence and may have used posts showing directly borrowed code to prove its case. "At least" eight source code files in Android were just decompiled Oracle code, it said, and 14 Java copyrights were being copied, not two.

The process may also uncover more, Oracle said. It suspected that there might be "disguised copying" where code had been changed and couldn't be easily spotted as a copy. Testimony under oath from Google developers might uncover more detail.

If leveled successfully against Google, the claims could force Google to at the very least modify Android's Java engine and could lead to a temporary ban on Android phone sales in the US if Google doesn't reach a settlement. Much of the disputed code has been found in phones from LG, Motorola, Samsung, and others and may leave these companies involuntarily treading on Oracle's patents as well. [via Florian Mueller]



By Electronista Staff
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