Google’s Android mobile platform has not infringed Oracle's patents, a California jury decided, putting an indefinite hold on Oracle's quest for damages in a fight between the two Silicon Valley giants over smartphone technology.
In a case that examined whether computer language that connects programs and operating systems can be copyrighted, Oracle claimed Google's Android tramples on its intellectual property rights to the Java programming language.
Google argued it did not violate Oracle's patents and that Oracle cannot copyright certain parts of Java, an "open-source" or publicly available software language.
In addition to finding for Google on patents, the jury foreman told reporters that the final vote on a key copyright issue earlier in the case had heavily favoured Google.
David Sunshine, a New York-based intellectual property lawyer who advises hedge funds, said the outcome of the Google trial was humbling for Oracle, which had it won, could have gained handsome payouts given the growing market for Android devices.
For Oracle and its CEO Larry Ellison, the trial against Google over Java was the first of several scheduled this year against large competitors. Another trial is set to begin next week between Oracle and Hewlett-Packard over the Itanium microprocessor.
The verdict was delivered yesterday in a San Francisco federal court.
Oracle spokeswoman Deborah Hellinger said the company would continue to defend and uphold Java's unique functionality.
"Oracle presented overwhelming evidence at trial that Google knew it would fragment and damage Java," she said.
Attorneys for Oracle looked grim after the verdict, while Google lawyers smiled and shook hands. Google general counsel Kent Walker said the company felt it was important to send a message by taking the case to trial.
Although the jury found earlier that Oracle had proven copyright infringement for parts of Java, it could not unanimously agree on whether Google could fairly use that material.
Without a finding against Google on the fair use question, Oracle cannot recover damages on the bulk of its copyright claims. And US District Judge William Alsup has not yet decided on several legal issues that could determine how a potential retrial on copyright would unfold, if at all.
While Oracle is seeking about $1 billion in copyright damages, the patent damages in play were much lower.
In the event it lost on patent liability, 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 before trial.
For future damages, Google proposed paying Oracle 0.5 per cent of Android revenue on one patent until it expires this December and 0.015 per cent on a second patent until it expires in April 2018. Oracle rejected the proposal.
During trial, Judge Alsup revealed that Android generated roughly $97.7 million in revenue during the first quarter of 2010.
Shares in Oracle closed 1.2 per cent higher at $26.68. Google stock was up 1.4 per cent at $609.46.
Reuters
