Aldrich Law Firm, Ltd.
Aldrich Law Firm, Ltd.

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Oracle suing Google for patent infringement

Oracle is currently suing Google for infringement of patents over Google’s Android smartphone. Oracle claims in its lawsuit that the Android operating system was created by infringing on patents that Oracle owns from its purchase of Sun Microsystems. In the acquisition of Sun Microsystems, Oracle claims that it owns the Java programming tools that Google used in the Android.

This is just one example of the multiple commercial litigation cases occurring now between various cutting-edge technology companies. In this case, Oracle is seeking a cut of the profits that Google is reaping from the Android smartphone, which Oracle says it is entitled to since they claim their intellectual property was used in its operating system.

According to the San Jose Mercury News, a federal judge told Oracle on Friday that it had to re-estimate the damages that it believes are owed to the company by Google. Oracle had said that it was seeking $6.1 billion in damages, but the judge said that he believed that the company was trying to get as much as it could and not being realistic. He gave them a chance to come up with a new estimate. He also wants the company to streamline its claims. They are claiming fifty infringements on seven patents, but the judge said that is not a workable number in court.

The judge did say that Oracle would be allowed to seek a piece of Google’s advertising revenue it makes with the Android. When people use the Android operating system to search the Internet, Google makes money from that. Google argued that advertisting should not be included in damage totals, but the judge sided with Oracle in that matter.

Source: San Jose Mercury News, “Judge tosses Oracle’s $6.1 billion damage estimate in claim against Google,” Brandon Bailey, 23 July 2011

John P. Aldrich
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