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Oracle v. Google jury returns partial verdict, favoring Oracle

SAN FRANCISCO -- The  jury in the Oracle v. Google trial rendered a partial verdict, favoring Oracle, in the copyright phase of the trial. Yet a question the jury failed to decide prompted Google to call for a mistrial, and could sharply limit damages even if the verdict stands.

The five male and seven female jurors failed to deliver unanimous answers to four detailed questions (see below) Judge William Alsup provided them prior to deliberations. The questions aimed to determine whether Google's Android mobile platform infringed on part of the Java programming language that Oracle acquired from Sun … Read more

Oracle-Google: Prospect of a partial verdict or mistrial looms

SAN FRANCISCO -- "Hope for the best, plan for the worst." That's where Judge William Alsup says we are while we wait for a verdict on the copyrights segment of Oracle v. Google at the U.S. District Court this morning.

Yesterday afternoon, the jury returned with the eighth note issued during the deliberation period, which asked, "What happens if we can't reach a unanimous decision and people are not budging?"

To recall, the jury began deliberating on Monday afternoon after lawyers from both Oracle and Google offered their closing statements for … Read more

Oracle tries to rewrite history for Sun and alter Java's future

During testimony at the Oracle v. Google trial last week, former Sun CEO Jonathan Schwartz and co-founder and Chairman Scott McNealy gave conflicting views. Schwartz maintained that as long as Google's Android mobile platform didn't call itself Java or use any of the branding, it was in the clear. McNealy disagreed.

• Oracle-Google trial puts ex-Sun execs on opposite sides

• Full coverage: Oracle v. Google lawsuit

Given that Sun didn't take Google to court, Schwartz, who was CEO from 2006 until 2010 when Oracle took over the company, apparently convinced McNealy and the board of directors … Read more

Oracle: Google execs 'knew this day would come'

SAN FRANCISCO -- Oracle made its closing statements during the first segment of the Oracle-Google trial this morning, and it all boils down to this: Google is making excuses for taking the property of Sun Microsystems -- and now Oracle -- and using it on Android.

Oracle counsel Michael Jacobs commenced by telling the jury that "this is a trial between large companies over really important business issues," and sometimes the numbers involved have been staggering, whether they refer to the lines of code or dollar amounts in question.

Nevertheless, Jacobs said that there is really only one, … Read more

Java creator James Gosling: 'Google totally slimed Sun'

James Gosling has a great deal of his life invested in Java. He is considered the father of the programming language, which was launched by Sun in 1995 and runs on billions of digital devices, and is currently at the center of a contentious legal battle between Oracle and Google.

Up until Saturday night -- when he wrote that "Google totally slimed Sun" -- the proud father of Java had been fairly moderate in his comments about how Google treated his baby. 

Full coverage: Oracle v. Google

When the lawsuit, claiming that Google had … Read more

Oracle-Google trial puts ex-Sun execs on opposite sides

Last updated August 29, 3:30 AM PT, with a correction on Java inventor James Gosling's view on the suit, and an additional quote from former Sun chief open source officer Simon Phipps. 

In the two weeks that the Oracle v. Google trial has been under way, it's become clear that Sun's top executives weren't unified in their thinking about whether Java could be used without a license from the company.

Oracle, which acquired Sun and the Java brand in January 2010, contends that Google's Android mobile platform infringed on intellectual property … Read more

Oracle turns to McNealy to bolster its case

SAN FRANCISCO -- Following former Sun Microsystems CEO Jonathan Schwartz's eager but sometimes tension-filled appearance on the stand this morning, Sun co-founder Scott McNealy appeared for testimony at the U.S. District Court.

See also: Former Sun CEO: We would have paid Google for Java phone Trial: Former Sun CEO gets into catty fight with Oracle lawyer

McNealy was actually called to the stand by Oracle, even though Google is still in the middle of presenting its case. Google counsel Robert Van Nest stressed to Judge William Alsup that he wanted the jury to know that Google was accommodating … Read more

Former Sun CEO says Google's Android didn't need license for Java APIs

Last Updated: 4:29 PM PT 

SAN FRANCISCO -- Former Sun CEO Jonathan Schwartz took the stand here today as a witness for the defense, and disputed Oracle's claim that Java APIs were proprietary code from Sun. 

Google's lawyer, Robert van Nest, asked Schwartz whether, during his tenure at Sun, Java APIs were considered proprietary or protected by Sun.

"No," Schwartz said in explaining the nature of open software. "These are open APIs, and we wanted to bring in more people...we wanted to build the biggest tent and invite as many people … Read more

Judge Alsup rejects Oracle patent reinstatement

As part of its suit against Google, Oracle accused the search giant of violating seven patents covering Java technology with its Android platform. Five of the patents were dropped from the case upon reexamination by the US Patent and Trademark Office (USTPO). 

On April 22, patent No. 5,966,702 was validated by the USPTO and Oracle requested that it be allowed into the case against Google.

Full coverage: Oracle v. Google

Judge William Alsup informed the dueling parties on Wednesday evening that he rejected Oracle's request on the basis that "Oracle offered to dismiss … Read more

Google's original phone surfaces in court

SAN FRANCISCO -- In Wednesday's episode of the Oracle-Google trial at U.S. District Court here., a November 2006 presentation outlining a vision and plan for a Google phone came into evidence.

The company proposed to partner with T-Mobile, with an open-software platform that also allowed users access to Google services, such as search, maps, and Gmail. Google would drive traffic to enable online transactions.

"At Google, we believe we can be successful in transforming the mobile experience -- in the same way we have revolutionized the fixed Internet experience," the company stated in the document.

Google … Read more