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Showing posts with label Damages. Show all posts
Showing posts with label Damages. Show all posts

Oracle, Google scrap over Android IP damages - ZDNet (blog)

In the latest chapter of the ongoing legal saga between Oracle and Google, Oracle claims it should be awarded $2.6 billion for Google’s alleged infringement of its intellectual property with regard to the Android mobile operating system.

An expert hired by Oracle, Boston University finance professor Iain Cockburn, calculated the figure as part of a court filing on Tuesday, Marketwatch reports. Previous filings did not indicate just how many “billions” of dollars Oracle sought in damages.

The filing was about as he-said, she-said as it gets:

Google falsely claims that Prof. Cockburn concludes that Oracle is owed anywhere from $1.4 to $6.1 billion in damages. He does not. His opinion is that the total damages that should be awarded to Oracle is $2.6 billion.

Google, of course, rejects Cockburn’s estimate as “inappropriate,” calling into question the methodology for calculating the figure and calling the figure inflated.

It’s the latest round in a long legal battle in which Oracle says Google is infringing on the patents and copyrights within its Sun portfolio, which it acquired last year. The Android ecosystem has been under fire from several companies, including Apple, who attest that both software and hardware too easily mimic patents held by rival tech companies.

Andrew J. Nusca is editor of ZDNet and SmartPlanet.

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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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