Google-Oracle settlement likely with top execs called to court

Summary:Although a trial date is still set for Halloween, a new court order is pointing towards a possible settlement between Oracle and Google.

As it gets closer to the scheduled Halloween trial date over Google and Oracle's patent infringement dispute, the case is heating up considerably.

Not only is the trial commencement time possibly up in the air, but a settlement between the two Silicon Valley giants could actually happen.

Judge William Alsup of the U.S. District Court for the Northern District of California issued a brief order on Friday afternoon revealing that he might order the "top executive officers" of both companies to come to court for a day or two.

That means we could potentially see Oracle CEO Larry Ellison and Google CEO Larry Page get involved with some real courtroom drama action.

But before we get too excited, the judge's memo does leave the door open to other possibilities as well at this point.

Oracle v. Google: Order Regarding Mediation

FOSS Patents' Florian Mueller speculates that the top executives won't necessarily be the chief executive officers showing up to court in San Francisco this fall:

There's still a possibility that the parties' lawyers can convince Judge Alsup that one or two full days to be spent in court by top-level executives of both companies would be overly burdensome and unlikely to yield the desired result. They'll probably be quite creative now in arguing against such a compulsory high-level settlement negotiation, but neither party will want to appear too uncooperative. I would also expect them to argue that there's uncertainty about the trial date, but I guess Judge Alsup wouldn't be impressed by that argument since he wants the parties to make all preparations for a Halloween trial regardless of a possible postponement.

Whomever gets picked to go has to be specified to the court by Wednesday, September 7th. But if neither company wants to send top level executives to court, they might be more inclined to finally try to make a settlement happen -- at least once the trial start date is pinned down without any doubts about it. Neither party seems prepared for and/or wants a full trial, which was evident at a preliminary hearing back in July.

Related:

Topics: Legal, CXO, Enterprise Software, Google, Oracle

About

Rachel King is a staff writer for CBS Interactive based in San Francisco, covering business and enterprise technology for ZDNet, CNET and SmartPlanet. She has previously worked for The Business Insider, FastCompany.com, CNN's San Francisco bureau and the U.S. Department of State. Rachel has also written for MainStreet.com, Irish Americ... Full Bio

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