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Oracle v Google: Possible That Google Knew Of Violations

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Oracle v Google: Possible That Google Knew Of Violations

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In the latest update on Oracle's lawsuit against Google, Judge Willliam Alsup stated that "it appears possible that early on Google recognized that it would infringe patents protecting at least part of Java, entered into negotiations with Sun to obtain a license for use in Android, then abandoned the negotiations as too expensive, and pushed home with Android without any license at all". The judge states this, along with other questions that he plans to ask Google at the next hearing of the Daubert motion on July 21.

With Oracle looking for as much as $2.6 billion, the judge's statements make it seem that Oracle have a strong case, and that Google may have an obligation to pay.  Either way, it's not going to be an easy time for Google at the hearing.

The full text of the filing is included below: 

 ORACLE AMERICA, INC.,
Plaintiff,
v.
GOOGLE INC.,
Defendant.
/
No. C 10-03561 WHA
NOTICE REGARDING
ADDITIONAL QUESTIONS
FOR JULY 21 HEARING
In reading the Daubert briefing, it appears possible that early on Google recognized that it would infringe patents protecting at least part of Java, entered into negotiations with Sun to obtain a license for use in Android, then abandoned the negotiations as too expensive, and pushed home with Android without any license at all. How accurate is this scenario? Does Google acknowledge that Android infringes at least some of the claims if valid? If so, how should this affect the damages analysis? How should this affect the questions of willfulness and equitable relief? Counsel should be prepared to address these issues at the hearing.
Dated: July 12, 2011.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

 

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Published at DZone with permission of James Sugrue, DZone MVB. See the original article here.

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