2nd UPDATE: Google Moves For Mistrial In Oracle Case
May 09 2012 - 9:23PM
Dow Jones News
Google Inc. (GOOG) filed papers for a new trial over Oracle
Corp.'s (ORCL) claims that Google's Android mobile software
infringes upon copyrights that protect Oracle's Java technology,
arguing that a jury's recent mixed verdict could violate its
constitutional rights.
Google, which had previously indicated in court it would move
for a mistrial after the jury deliberating in the case delivered a
mixed verdict on Google's use of key Java interfaces, said in a
court filing it wants a new trial to decide the matter.
Oracle countered in its own court filing that rather than
retrying the issue, the judge overseeing the case should simply
intervene with a decision of his own that would take the place of
the mixed verdict--which found Google guilty of some infringement,
but also significantly lessened Oracle's ability to recover a large
amount in damages.
However, Judge William Alsup opted late Wednesday to not take up
the matter on his own, dealing a potential setback to Oracle.
Representatives from Oracle and Google declined to comment.
Google and Oracle have already moved on from the copyrights
portion of the trial taking place in San Francisco and are now
facing off over related patent infringement claims. A third damages
phase of the trial will follow.
Oracle sued Google in August 2010, alleging Android infringes
upon copyrights and patents associated with Java, which Oracle
obtained when it had purchased Sun Microsystems earlier that
year.
The jury delivered a verdict on Monday that found Google did
infringe copyrights Oracle says protect Java interfaces. However,
the jury was unable to reach a decision on whether that was
protected by the so-called fair use doctrine, which permits some
limited use of copyrighted works. That effectively left Oracle's
ability to recover any money as a result of the infringement of the
interfaces in question.
The jury did also find that Google infringed a small amount of
Java source code with Android, though potential damages associated
with that would likely be statutory, or relatively minimal.
Google argued in a filing made late Tuesday that a failure to
have a retrial on both the questions of its alleged infringement
and fair use of Java interfaces would violate the Internet
heavyweight's rights under the seventh amendment, which protects
the right to a jury trial.
Oracle, meanwhile, argued that a new jury would have to be
empanelled to retry the copyright issues, which would be expensive
and time-consuming. Instead, the business software company
argued--unsuccessfully--that Judge Alsup should decide whether
Google's appropriation of Java interfaces is protected as fair
use.
Barring that, Oracle argued that it should be entitled to more
than just statutory damages as a result of the jury's verdict that
Google infringed a small amount of Java code, and should be
entitled to a share of Google's Android-related profits.
"Oracle is not claiming that it is entitled to all Android
profits due to Google's infringement," Oracle said in the
filing.
Oracle has said it is owed roughly $1 billion in damages as a
result of Google's alleged infringement, and may seek an injunction
blocking the sale of Android devices.
-By John Letzing, Dow Jones Newswires; 415-765-8230;
john.letzing@dowjones.com
Oracle (NYSE:ORCL)
Historical Stock Chart
From Mar 2024 to Apr 2024
Oracle (NYSE:ORCL)
Historical Stock Chart
From Apr 2023 to Apr 2024