Oracle ordered to lower damages claim against Google

23.07.2011

Oracle's damages expert "served a report that overreached in multiple ways -- each and every overreach compounding damages ever higher into the billions -- evidently with the goal of seeing how much it could get away with, a 'free bite,' as it were," the judge wrote.

The expert, Boston University professor Iain Cockburn, can revise his estimate and resubmit it, but the judge warned Oracle that it won't get another chance after that.

"Please be forewarned: the next bite will be for keeps. If the next and final report fails to measure up in any substantial and unseverable way ... then it may be excluded altogether without leave to try yet again," the judge said.

Oracle declined to comment on the judge's order. Google did not immediately respond to a request for comment.

Cockburn's report asserted that in a "hypothetical license negotiation" -- a common way of calculating damages in a patent case -- Google would have agreed to pay Oracle $2.6 billion to license its Java patents, including an up-front payment and annual royalties. Google has asserted that Cockburn's estimate ranged even higher, to as much as $6.1 billion.