It will be tough for Oracle to prove Patent claims in the courtroom given Google has not copied 'with impunity' their Java ME VM source code.
The only code, about 12 pages, represents setup API declarations to Java Object Class definitions, and function prototypes--these are the APIs and the implementation details for Dalvik were 'clean room' written against those Class method and other abstract virtual methods.
That puts Google in the position of waging a countersuit by lobbing a Patent bombshell at Oracle, which will be a certainty if Oracle doesn't settle out of court.
A generous cross-licensing arrangement is most likely to occur but Oracle cannot wage frivolous lawsuits without consequence.
Google and Oracle will hold a settlement conference Sept. 19 and that talks should be interesting given that the two companies’ lead Larrys—Page and Ellison, respectively—are forced to attend.
Oh what joy it would be to sit in on those talks.
Page and Ellison on Friday were ordered to appear for settlement talks as the U.S. District Court of Northern California really doesn’t want to see a trial over Android.
Last week, both parties bought into settlement talks, but Google wanted to send mobile chief Andy Rubin. Oracle was going to send its president Safra Catz. That line-up didn’t quite work given Rubin’s standing in the Google pecking order and authority to seal a settlement so a judge ordered the companies to send their CEOs.
The court said Ellison and Page need to show up to settlement talks and others can attend. Clearly though Ellison and Page are the main attractions. The settlement talks pit a wily Silicon veteran—Ellison—against Page, a relative newcomer to the CEO ranks.
A settlement looks likely, but there is a wide gap to bridge. Oracle will want a big cut of future device sales and Google will obviously disagree. In any case, Google bet that Java would always be owned by Sun, which didn’t really care much about monetizing its intellectual property. Google’s bet went horribly wrong when Oracle bought Sun.
Related:
- The real history of Java and Android, as told by Google
- A Google Android and Java history lesson
- Latest filings in Oracle patent case spell trouble for Google
- Google, Oracle head to settlement talks over Android lawsuit
- Google-Oracle settlement likely with top execs called to court
- U.S. judge scolds Oracle and Google at Android IP hearing
- Google ready to settle with Oracle over Android IP?
- Oracle looks for Page pyrotechnics in Google Android lawsuit
- Google CEO: Competitors won’t slow us down
- Oracle wants billions from Google over Android: And just might get it
- Google pans Oracle damages argument: Java was fragmented well before Android
- Oracle wants big cut of Android damages as Google’s IP headache gets worse
