Oracle could end up with nothing in its Java suit, judge warns

SAN FRANCISCO -- If the Oracle v. Google trial wasn't a mess before, it has certainly evolved into a tangled, tangled web at this point.

It's becoming more about what the judge has to decide rather than what the jury must decide, including if APIs are copyrightable, Google's motion for a mistrial on phase one dealing with copyrights, and putting off the third phase on damages altogether. Given that we're still waiting for decisions on all of these things, the schedule and future of this trial becoming increasingly unclear.

Legal teams from both sides of the … Read more

Google sums up: No 'shred of evidence' for patent claim

SAN FRANCISCO -- Google's counsel followed up with its closing statements in phase two of its legal battle against Oracle at the U.S. District Court of Northern California on Tuesday morning.

Attorney Robert Van Nest delivered closing arguments on behalf of the Mountain View, Calif.-based company, starting off by reminding the jury that "this case is not about Java versus Android."

With that in mind, Van Nest outlined Google's three core points in its case:

Google made "fundamentally different design choices for Android" without any specific knowledge of Sun Microsystems's … Read more

Oracle sums up: Google chose 'reckless' infringement

UPDATED at 11:40 a.m. PT

SAN FRANCISCO -- Closing arguments in the second phase of Oracle v. Google were presented on Tuesday morning, commencing with the plaintiff, Oracle.

Court proceedings actually started approximately 45 minutes late at the U.S. District Court of Northern California as one juror was late due to car trouble on the San Francisco Bay Bridge. After she informed the court via telephone that she would not be able to make it at all on Tuesday, Judge William Alsup dismissed her from the jury altogether. That brings the total jury count to six women … Read more

Oracle v. Google trial gets messier as damages phase looms

SAN FRANCISCO--Over the weekend, attorneys for both Oracle and Google filed several motions that could either speed up the case here at the U.S. District Court of Northern California or plunge it into a much longer, messier trial.

One of the more noteworthy points was to move the debate of "patent infringement willfulness" into the second phase of the trial going on right now. Interestingly, this looks like one area where both sides of the courtroom appeared to agree -- at least when it comes to timing.

A long story short: The court will address the issue … Read more

CTIA show signals future of wireless

week in review CTIA 2012, held this week in New Orleans, was by all accounts mellower than in prior years. And it wasn't so much about the introduction of a bevy of new products as it was about getting a sense of what's to come down the pike for carriers, phone makers, and the wireless industry as a whole. Clearly the future will be chock-full of compelling devices featuring Android's Ice Cream Sandwich and LTE data networks.

Perhaps the most impressive unveiling, Samsung's Galaxy S III flagship phone, actually happened days before CTIA 2012 kicked off. … Read more

Against judge's advice, Oracle goes after infringed profits

SAN FRANCISCO--In a last-ditch effort to save any face (or money) in this trial, Oracle is rolling the dice on obtaining damages from Google -- even going so far as to ignore advice from the judge.

Judge William Alsup warned yesterday that the most Oracle would probably be able to claim on copyright infringement would be $150,000 in statutory damages.

However, attorney Michael Jacobs, from Morrison and Foerster, informed the judge that Oracle is not electing statutory damages on copyright claims.

Instead, Oracle is going with an infringer's profit case. Although Alsup previously lambasted that idea, he changed … Read more

Will Google battle get Oracle just $150,000 in damages?

SAN FRANCISCO -- Oracle's situation in its intellectual property legal battle against Google is looking more bleak by the day.

At one point in time, Oracle was going after Google with the intent to receive up to $6 billion in damages. Slowly that figure has dwindled down to somewhere around $1 billion and then a few hundred million.

Now, it looks like Oracle could end up with just $150,000 -- if anything at all given that the threat of a mistrial looms and we're still in the middle of the second phase of the trial covering patent … Read more

Judge rejects attempt to derail Google's 'fair use' defense

SAN FRANCISCO -- While Google is trying to push for a mistrial over the first phase of its legal battle with Oracle over intellectual property, there is still a bigger issue at hand: can APIs be copyrighted?

Technically, that issue is for Judge William Alsup to decide, which could change the whole future of this case.

That also plays into the partial verdict that the 12-person jury returned at the U.S. District Court of Northern California on Monday afternoon. It was a bit of a mixed bag because while the jury found that Google infringed upon Oracle's copyrights … Read more

Much ado about former Sun CEO's 'congratulations' to Google

For the jury evaluating testimony by the cast of Oracle and Google in their ongoing legal slugfest, the blog post by former Sun CEO Jonathan Schwartz is one of the more prominent, and less technical, points of contention in the trial. In both the copyright and the current patent phase of the trial, the blog post has been central to Google's defense.

In his testimony, Schwartz stated that he had to grit his teeth, but saw no cause to sue Google over its use of the Java programming language in the Android mobile platform. Google's counsel played up … Read more

Andy Rubin: I didn't know about Sun's patent portfolio

SAN FRANCISCO--Andy Rubin, Google's senior vice president of mobile, continued to defend the Internet giant's argument that Android engineers had no knowledge of Sun Microsystems patents in the Oracle v. Google trial here this morning.

As the founder of Android and leader of the unit at Google, Rubin has played a prominent part in this trial at the U.S. District Court of Northern California over the last few weeks, making several appearances before the 12-person jury.

After recalling Rubin yesterday afternoon as part of the plaintiff's case in the patents phase of the trial, Oracle attorney … Read more