Oracle ordered to lower damages claim against Google

23.07.2011
Oracle has been ordered to lower its multibillion-dollar claim for damages in its patent infringement lawsuit against Google and its Android operating system, court papers show.

Oracle's expert "overreached" in concluding that Google owed up to US$6.1 billion in damages for alleged infringement of Oracle's Java patents, U.S. District Court Judge William Alsup said Friday in a sternly written order. The "starting point" for Oracle's damages claim should be $100 million, adjusted up and down for various factors, he said.

At the same time, Google was wrong to assert that its advertising revenue is not related to the value of Android and should therefore not be a part of Oracle's damages, the judge wrote. He also warned Google, "there is a substantial possibility that a permanent injunction will be granted" if it is found guilty of infringement.

These are the latest developments in a case that has been heating up as the two sides approach a potential Oct. 31 trial date. Google has asked the judge to delay the trial pending the outcome of a reexamination of Oracle's patents. Alsup said Friday he's not yet willing to give up on the October start.

Oracle sued Google last August, saying its Android OS violates seven Java-related patents, as well as Java copyrights, that Oracle acquired when it bought Sun Microsystems. Google has denied any infringement and complained that Oracle's damages estimate is far too high.

On Friday, the judge seemed to largely agree with Google.