Menu
The CEOs of Google and Oracle met for 6 hours Friday but failed to settle their lawsuit

The CEOs of Google and Oracle met for 6 hours Friday but failed to settle their lawsuit

The case heads to trial next month, with Oracle seeking $8.8 billion in damages

The CEOs of Oracle and Google met for six hours on Friday but failed to reach a deal to end their massive copyright lawsuit over Google's use of Java in Android.

"After an earlier run at settling this case failed, the court observed that some cases just need to be tried. This case apparently needs to be tried twice," Magistrate Judge Paul Singh Grewal, who mediated the talks, noted on the court's docket.

Oracle accuses Google of illegally copying a key part of the Java platform into its Android operating system, making billions in profit for Google and, according to Oracle, crushing Java’s chance of success in smartphones, tablets and other products.

Google denies any wrongdoing. It argues that its use of Java is protected by the legal doctrine of "fair use," which permits copying in some circumstances.

The two sides have already been to court over the matter once, but the jury failed to reach agreement on fair use. A new trial is scheduled to begin next month.

Oracle plans to tell the jury it's entitled to $8.8 billion in damages, based on profits that Google has made from its use of Java in Android, mostly from ads sold against mobile searches.

Google is fighting to get that figure reduced before the case comes to trial, however. Lawyers for the two sides appeared before trial Judge William Alsup this week, arguing over which arguments each side should be able to make to the jury.

At the close of Thursday's hearing, Alsup reminded the companies' lawyers of the risks they bear in taking such a high-stakes case to trial.

“At the end of the trial, one of you — I don’t know who — will go walking through those double doors with your arm around the client, explaining why you lost,” Alsup said, motioning to the back of his courtroom on the 19th floor of the federal courthouse in San Francisco.

“One of you is going to be in that position at the end,” he said. “There’s always appeals, but nevertheless you’ll have to go through those double doors with your arm around your client, who will be in shock that they didn’t win, and you’ll be having to try to comfort them and comfort yourself.”

“That’s a hard moment for a trial lawyer, to be in that position,” he said.

It wasn't enough to push the two sides into a settlement.

"However unsuccessful, the court appreciates the parties' settlement efforts earlier today -- especially those of Ms. Catz and Mr. Pichai," the magistrate judge wrote, rerferring to Google's Sundar Pichai and Oracle's Safra Catz.

The two sides spent a total of six hours in court, the magistrate judge noted, and no further settlement talks are scheduled.

Subscribe here for up-to-date channel news

Follow Us

Join the New Zealand Reseller News newsletter!

Error: Please check your email address.

Featured

Slideshows

Tight lines as Hooked on Lenovo catches up at Great Barrier Island

Tight lines as Hooked on Lenovo catches up at Great Barrier Island

​Ingram Micro’s Hooked on Lenovo incentive programme recently rewarded 28 of New Zealand's top performing resellers with a full-on fishing trip at Great Barrier Island for the third year​ in a row.

Tight lines as Hooked on Lenovo catches up at Great Barrier Island
Inside the AWS Summit in Sydney

Inside the AWS Summit in Sydney

As the dust settles on the 2017 AWS Summit in Sydney, ARN looks back an action packed two-day event, covering global keynote presentations, 80 breakout sessions on the latest technology solutions, and channel focused tracks involving local cloud stories and insights.

Inside the AWS Summit in Sydney
Channel tees off on the North Shore as Ingram Micro hosts annual Cure Kids Charity golf day

Channel tees off on the North Shore as Ingram Micro hosts annual Cure Kids Charity golf day

Ingram Micro hosted its third annual Cure Kids Charity Golf Tournament at the North Shore Golf Club in Auckland. In total, 131 resellers, vendors and Ingram Micro suppliers enjoyed a round of golf consisting of challenges on each of the 18 sponsored holes, with Team Philips taking out the top honours.

Channel tees off on the North Shore as Ingram Micro hosts annual Cure Kids Charity golf day
Show Comments