Bloomberg News

Google Says Oracle Seeking $2 Billion in Android Dispute

September 21, 2011

(Updates with end of session in second paragraph.)

Sept. 21 (Bloomberg) -- Google Inc. said Oracle Corp. lowered its damages request to at least $2 billion in a patent and copyright dispute over Android software, according to a court filing.

A second day of settlement meetings that included Google Chief Executive Larry Page and Oracle CEO Larry Ellison lasted 10 hours, concluding after 7 p.m. today in San Jose, California, according to a federal court filing.

Lawyers for Google and Oracle will contact a judge’s deputies tomorrow to discuss “when further discussions will take place and whether the further attendance of Mr. Ellison and Mr. Page will be required,” according to the filing.

Google, which said Oracle’s damages estimate includes $1.2 billion in damages for unjust enrichment in 2012 alone, asked a federal judge to exclude parts of the calculation that it said aren’t supported by the evidence.

In July, U.S. District Judge William Alsup in San Francisco threw out Oracle’s earlier estimate that it was entitled to as much as $6.1 billion in damages in a lawsuit claiming Google infringed its patents for Java technology when it created the Android operating system, now running on more than 150 million mobile devices.

Oracle’s new damages report “ignores governing law and the guidelines of this court’s July 22, 2011, order,” Robert Van Nest, a lawyer for Google, said in a letter to Alsup yesterday.

Java Licensing

Alsup ruled in July that a new estimate should start as low as $100 million, a figure that Mountain View, California-based Google was offered in 2006 to license Java from Sun Microsystems Inc. Google rejected that offer by Sun, which Oracle later acquired.

Deborah Hellinger, a spokeswoman for Redwood City, California-based Oracle, the largest maker of database software, declined to comment on the Google filing.

Alsup took the unusual step in August of appointing his own damages expert in the case, saying in a court filing that he needs such assistance “because both sides have taken such extreme and unreasonable positions regarding damages.”

The two companies have made little headway this week in negotiations aimed at resolving the lawsuit, a person briefed on the talks said. Page and Ellison, after participating in a settlement conference that lasted as long as 10 hours on Sept. 19, returned to federal court today for further talks with U.S. Magistrate Judge Paul Grewal.

“It’s good to be back,” Page said as he arrived. “I look forward to a productive session.”

Ellison declined to comment when he arrived at court.

A trial is scheduled for October.

The case is Oracle America Inc. v. Google Inc., 10-03561, U.S. District Court, Northern District of California (San Francisco)

--With assistance from Pamela McLean in San Jose, California, and Brian Womack and Aaron Ricadela in San Francisco. Editors: Peter Blumberg, Michael Hytha

To contact the reporter on this story: Karen Gullo in San Francisco at kgullo@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net


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