Judge says 6b too much for Oracle-Google lawsuit

Judge William Alsup in a court hearing Thursday hinted that Oracle would have to scale back the multi-billion dollar damage claims against Google in its patent lawsuit over Android's use of Java. He argued that an attorney making "$700 an hour" had invented the damage amounts, which at their extreme end would hit $6 billion. He was equally frustrated with Oracle's rapidly shrinking claims as to what Google was actually infringing in Android's Java engine as it had started from 123 and was now likely to go below 25.

Simultaneously, however, Judge Alsup stressed that there was likely damning evidence that showed Google had known it would need to license Java but hadn't necessarily done that properly. Engineer Tim Lindholm had told Google's mobile VP Andy Rubin in August 2010 that the company wanted to look for alternatives to Java in Android and even Chrome but, seeing it as the only real option, would have to license it on whatever terms needed.

Google argued that it had been trying to avoid the lawsuit entirely, either by avoiding Java or settling outright. Judge Alsup warned that Google would be on the "losing end" with statements like these and that Rubin might have to testify himself. A permanent ban would have a serious impact in effectively shutting down Android.

The statements suggest Oracle might have to agree to a smaller amount if a trial goes through, one that Google could likely afford, but also that Google could face a ban and not just a financial penalty if it can't persuade Oracle to settle. Java is inherent to the way apps work in Android and would force a complete rethink of the platform if Google wasn't allowed to use at least a variant of the code. Hardware makers would also have to seek out alternate platforms such as Windows Phone to stay in business.

Oracle's patent violation complaints are just a handful of those that are targeting Google, though they remain the only major ones that target Google directly. Most, such as Apple's successful ITC complaint against HTC, are proxy battles dictated by Google's lack of direct profit from Android that could justify damages. [via mocoNews]

By Electronista Staff