“Oracle’s comments in its infringement lawsuit against Google’s Android platform has revealed that the company is seeking not just royalties, but a legal order stopping the distribution of Android entirely,” Daniel Eran Dilger reports for AppleInsider. “Oracle and Google are deadlocked in settlement talks ordered by the judge overseeing the case, according to a report by FOSS Patents blogger Florian Mueller.”
“Mueller analysis of the talks suggests that Google hopes to postpone any settlement with Oracle until its acquisition of Motorola Mobility is finalized, with the intent of filing retaliatory countersuits against Oracle,” Dilger reports. “However, Mueller separately notes that while Oracle has calculated demands for past damages, including patent damages, copyright damages and a share of Google’s profits as an infringer, it is not detailing future damages in the form of an ongoing royalty, similar to the fees Microsoft has negotiated with Android licensees such as HTC.”
“Instead, Oracle notes in a filing that it ‘intends to strenuously pursue injunctive relief to resolve the key issue in this case: whether Google can use Oracle’s intellectual property to create an incompatible clone of Java and thereby undermine Oracle’s and many others’ investments in ‘write once, run anywhere,'” Dilger reports. “If future royalties are applied, it is well established that they should be based on a separate, post-verdict assessment.”
Dilger reports, “Mueller explains that this means Oracle views Android as a fragmentation of Java, and that rather than seeking future royalties, it would prefer to see an injunction that would either force Google to create an entirely new platform for Android that does not infringe Java (a massive investment that would render all existing Android software obsolete), or to apparently to recognize Android as Java, involving steep Oracle licensing costs for the platform going forward.”
Read more in the full article here.
[Thanks to MacDailyNews Reader “Dan K.” for the heads up.]
Google and Motorola Mobility may amend merger agreement to keep Apple lawsuits going – September 22, 2011