Oracle might only receive $150,000 in damages from Google
Summary: In what was once touted as a $6 billion case, Oracle might end up with only $150,000 in statutory damages.
SAN FRANCISCO -- Oracle's situation in its intellectual property legal battle against Google is looking more bleak by the day.
At one point in time, Oracle was trying to go after Google with the intent to receive up to $6 billion in damages. Slowly that figure has dwindled down to somewhere around $1 billion and then a few hundred million.
Now, it looks like Oracle could end up with just $150,000 -- if anything at all given that the threat of a mistrial looms and we're still in the middle of the second phase of the trial covering patent infringement.
Judge William Alsup warned Oracle at the U.S. District Court of Northern California on Thursday morning that the "most" the plaintiff might end up with is statutory damages over the nine lines of code in the rangeCheck method -- the only item on the verdict form during phase one of the trial in which the jury found Google's conceded use was copyright infringement.
"The fact that they have nine lines out of many millions, you have no damage study tied in," Alsup exclaimed to Oracle.
Although it is up to the jury to determine damages, the maximum limit for statutory damages is $150,000.
Alsup suggested they "might want to find a way to streamline for some dollar amount," hinting they should try to negotiate a settlement in order to avoid a long third phase of the trial dedicated to determining damages.
Nevertheless, all of this is still to be determined as Google has filed a motion for the copyrights phase of the trial to be declared a mistrial. The judge has not ruled on that issue yet.
Even if Google had to fork over $150,000, it could still be a huge win for the Internet giant considering how much Oracle originally wanted.
In regards to the patents part of the lawsuit -- which as Groklaw described as a "roll of the dice for both parties" -- Google put up a better offer in April for 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. The catch is that this offer was only a stipulation for damages if (and only if) Oracle prevails on patent infringement.
Oracle reportedly rejected it.
Related:
- Judge denies Oracle's motion to throw out Google's fair use claim
- Google points to Sun's SEC filings to defend previous testimony
- Android chief says he didn't know about Sun's patent portfolio
- Android chief called back in Oracle-Google trial to discuss patents
- Oracle recalls Google engineer Lindholm in trial's patent phase
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Talkback
Hope that covers costs of your Lawyers for one day Oracle
Naw, let's sue Google, they got money right.
Doesn't surprise me that all their technologies have equal or better Open Source equivalents. I just can't understand why we still pay them.
why we still pay them?
- Corporate DBAs who can't bother to learn anything out of their comfort zone.
laziness pervades most companies
I asked our resident neck beards if they would consider rewriting their crappy Java programs in C#...boy that didnt go over well.
dba's are data base administrators
I bet you never met a real dba - corporate or otherwise. Do not throw accusations around about things you do not understand.
contingency fees?
LOL!
Oracle makes me sick....
BIOS..
Forgetting history...
it's amazing how many awesome laws were
laws needed today
what a mess....
Re: It's amazing how many awesome laws were repealed during the Clinton era
:-)
It is a different world now.
Nobody actually invents anything: standing on shoulders of giants..
@BP314
No Apple did NOT steal the GUI/Mouse from Xerox PARC - they licensed it from Xerox in exchange for Apple stock options.
but...
No
Apple gave Xerox the stock options and agreed to 'license' what they took from Xerox only after Xerox threatened them with a lawsuit, the stock options were part of what Apple gave to Xerox as part of the settlement. Apple 'licensed' only by force.
Source material regarding myth of Apple and Xerox PARC
Source: "Myth: Copyright Theft, Apple Stole GUI from Xerox PARC Alto", Mar 10, 2010
No license, no stock options
That's all. No license, nothing paid.
Jobs was a great Artist
Of course they dont like it when you "steal" from them.