Oracle contradicts Google on damages, vows to fight hard for injunction against Android

“A new filing by Oracle sheds light on the damages claims issue… Damages can be substantial but they are not what Oracle is primarily trying to get out of this case,” Florian Mueller reports for FOSS Patents. “They are a potentially substantial consolation prize. The grand prize, however, is an injunction, and Oracle’s filing makes this clear with the following statement, which explains why Oracle’s new damages computation — unlike the old one that included damages until the year 2025 — relates only to past damages and apparently provides only some data points with a view to future damages, which would be rendered totally irrelevant by an injunction.”

Third, Google complains that Prof. Cockburn does not ‘provide a firm calculation of future damages.’ The Court directed that past and future royalties not be mixed by advancing royalties in a lump-sum payment. Prof. Cockburn complied. Oracle 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.’ If future royalties are applied, it is well established that they should be based on a separate, post-verdict assessment.

Mueller reports, “Compared to the above paragraph, forget all the billion-dollar figures that make headlines. Besides explaining that the new damages computation doesn’t specify future damages but wants those to be subject to a “separate, post-verdict assessment” (which would be made only in the event Oracle is denied an injunction), it’s a clear vow to fight hard for an injunction…”

Much more in the full article here.

8 Comments

  1. Oracle is doing well this year as others suffer in a bad economy. Still they should also go after all those Indies that wrote or write software for Android as they too illegally use Oracle’s Java. They should all share Google’s pain for siding with the such a sleazy idea of trying to get wealthy off of Oracle’s IP.

    1. I wouldn’t want to see that, that would hurt small one man shops and devs who also support the iphone.

      It probably would not work legally anyway, and surely would create a massive of anger in developers in general, no campany needs that even a mafia style one like oracle.

  2. Burn, Google, burn.

    For those who haven’t seen it, there’s a new search site available: DuckDuckGo.com They claim they don’t save or share your data. Worth a look.

    I’ve tried it, and it seems to be a good search engine.

  3. this is what I said on September 19.

    Like qka says, Ellison wants blood. He will demand at least 5 billion. Licensing will be fine, but only if it retains the name Java not the pseudo-java droid.

  4. May all Google directors, executives, employees and shareholders find only misery, unhappiness, poverty and disease for the rest of their days. For they have stolen their Brother’s IP, and the wages of sin is death.

    “From hell’s heart, I stab at thee! For hate’s sake, I spit my last breath at thee!” – Khan Noonien Singh, circa Stardate 8130.4

  5. Google’s investment in stolen IPs and thievery of other’s properties is going into flames. Everything illegal and fraudulent it does do not pan well and is costing it a bomb of pain. Android alone will cost a lot: it has to purchase Motorola Mobile for over 12b; what about IBM’s patents and others’? The ongoing investigations against Google’s ‘cooking’ of search results, if proven, will hit its ads business hard.

    Hubris is a costly hobby. Just as America has squandered its trillions trying to buy external friends and influence to the detriment of domestic agenda, so too Google’s effort to buy consumers’ love will backfire.

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