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Oracle Ignored Facts While Claiming Damages From Android? - Muktware

The websphere is full of mis-information about the Google-Oracle court battle with most information being pumped from the FUD machines trying to spread confusion and uncertainty around Android.

Many journalists are picking the baits, ignoring the facts, as it gets them more eyeballs. It has happened before between SCO and Linux. SCO was backed by many Linux-haters, which I would not like to name here. Today once again the monopolies are attacking Linux.

One of the most talk about topic is the damages Oracle is seeking from Google over Android. Oracle (which was sued by the US government for overcharging the government) hired Boston University finance and economics professor Iain Cockburn to serve as its expert witness on damages it is asserting in its patent infringement claims against Google.

Groklaw has explained in detail what's going on behind the scence. Many readers may not want to get into legal details so I am mentioning 3 points that Groklaw highlighted which Cockburn ignored in his reports.

Just in case you missed it (or simply don't want to spend your time searching for it, there are at least three important takeaways conveyed in the Google brief and related documents:

Cockburn ignored prior negotiations between Sun and Google in which Google was offered the opportunity to license these and other patents for a fraction of Cockburn's present estimate;

Cockburn ignored other licensing transactions in which Sun licensed these patents for a fraction of Cockburn's present estimate (and these other licensing transactions will almost certainly become a limiting factor on any royalties Oracle may be awarded); and

Cockburn bases his estimate on worldwide sales of Android devices and Google revenue, despite the fact that the devices are made and used (and thus the infringement occurs) outside the U.S. and is not subject to a U.S. patent claim.

All of this serves to indicate that the Cockburn report, while sensational, has little or no bearing on a likely outcome of this case."

Those who are interested in reading more about the progress of court battle post Cockburn's analyisi, I would heavily recommend this article from Groklaw "Oracle v. Google - Posturing Over Damages - UPDATED."


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