Google attempts settlement while Oracle doesn't budge

Google attempts settlement while Oracle doesn't budge

Summary: Google has made an attempt to offer a percentage of Android revenue to Oracle, which rebuffed the offer.

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After a magistrate court judge tried to bring Oracle and Google back to the negotiation table again to work out a potential settlement for their ongoing legal battle, it almost looked like there could have been a deal on Wednesday.

Nevertheless, that April 16 trial start date at the U.S District Court of Northern California is looking more and more likely.

Google reportedly proposed an offer to Oracle that consisted of the following points, according to Reuters.

First, Google offered to pay Oracle up to $2.8 million in damages over two patents in question. Furthermore, Google also offered a deal of 0.5 percent from Android revenue for one patent through December 2012 and 0.015 percent on a second patent through April 2018.

Oracle is suing Google over Java-related patents and technology that appear on the Android mobile operating system. Google’s lawyers have repeatedly responded by discussing Google’s previous relationship with Sun Microsystems, Java’s creator now owned by Oracle. Google argued that Sun was a big fan of Android from the start, seeing it as a tool to "spread news and word about Java."

Nevertheless, Oracle has reportedly refused the proposal as a low-ball offer.

This all might come as a bit surprising to some followers of the case. Just recently, the patent suit was cut down, and it looked like Oracle would be lucky to extract as much as $100 million from Google in this suit.

But perhaps Oracle still has a chance to win a lot more from Google -- as well as a possible injunction on Android products.

Nevertheless, after many setbacks and proposed trial dates (including October 2011 and March 2012), the two Silicon Valley heavyweights are likely still going to battle it out in court in just a few weeks.

Update: Note that this offer is a stipulation for damages if (and only if) Oracle prevails on patent infringement.

Topics: Google, Enterprise Software, Legal, Oracle

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12 comments
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  • Post Deleted.

    Post deleted.
    WebSiteManager
  • oracle will feel the scorn of the people

    for not accepting google's ultra generous offer.
    Even M$ paid less than 2.8 billions for a real java infringement, not imaginary like oracle's claims.
    The Linux Geek
    • Ultra generous?? More like insulting

      $2.8M for STEALING and less than 1/2% for "sales" that don't exist is simply an insulting offer that won't even cover the legal cost to sign the papers.
      wackoae
      • Generous sounds right.

        Oracle has already had a large number of patents invalidated and sustained goodwill losses among developers and partners. The court has already thrown out 99.999% of the potential damages which Oracle first sought. Google gave them a way to save face in exchange for just making it all go away. Now, Oracle deserves to lose, and they should pay punitive fees for frivolous litigation.
        tkejlboom
      • Troll

        It's not theft by ANY definition. And where's the proof of damage? If this doesn't cover the costs, it is Oracle's own fault.
        Natanael_L
      • Keep telling yourself that ....

        If Google didn't "steal" anything, why are they trying to settle with as little money as they can get away with?
        wackoae
      • Settling does not equal guilt

        @wackoae -
        Because, as with so much frivolous litigation, it's cheaper to settle than to draw it out. The situation with all these patent suits is out of control and the only real winners are the lawyers.

        Everyone should watch "Everything Is A Remix". Google it.
        dstinson_z
  • M$ Android royalties

    How does this affect Microsoft charging "Android royalty tax" on Android smartphones? If Oracle is being trimmed down to size, is there any legal actions that can be taken against M$ for its shakedown of Android smartphone makers - and hey, me, owner of two Android devices?

    Is a class-action lawsuit against M$ possible for the bogus patent royalties it has imposed on Android/makers/users?
    srs2012
    • I missed the news about your ruling on Microsoft's patents

      and the earlier announcement of your appointment to make the decision on the legitimacy of the patents. As for your proposed class action suit, I certainly agree that being forced by Microsoft to purchase (or even get for free) an Adroid phone against my wishes because there is no other possible option available is a legitimate subject for a legal action.
      cantbeme
    • Samsung Don't Mind

      Paying for those Microsoft Patents. As have a host of other big shot names like HTC.

      If you don't like it, go and buy one that refuses to do so. Which is Motorola and Barns and Noble.
      madfry
      • You don't know the real story

        It's not a fact that Samsung just handed over Microsoft some licensing money. Besides, Samsung just got burned with the RAMBUS money they lost-which was quite a bit, so licensing deals is no guarantee of patent validity.
        DonRupertBitByte
  • Oracle is not a Software Company

    They are in business purely for lawsuits, it seems. No company is in courts more often than them, especially for their size. It's no wonder that CEO Larry Ellison is a legendary paranoid, living in a fortress with 24-7 armed security. It's because he's constantly doing evil deeds. Oracle ultimately has no future because they are losing trust of customers and businesses. I won't buy their products at all any more.
    transcenden