Google Also Won Patent Dispute

 
 
By Chris Preimesberger  |  Posted 2012-05-31 Email Print this article Print
 
 
 
 
 
 
 



Oracle learned firsthand€”and the hard way by spending millions on lawyering€”that it isn't such a simple proposition to nail a forker of open-source software to the legal cross. On May 23, Google and the open-source community won their initial legal victory when the 12-person jury in San Francisco unanimously found Google not guilty of infringing on two of Oracle's Java patents.

The jury found that Google did not infringe on the two Java patents that Oracle had asserted in the case€”U.S. Patent No. RE38,104 and U.S. Patent No. 6,061,520.

Oracle originally brought the lawsuit against Google in August 2010, alleging that the Android OS infringed both patents and copyrights for Java that Oracle acquired when it bought Sun Microsystems in January 2010.

In only four years, Android has become the most popular mobile operating system for smartphones and other mobile devices in the world. Android, released in 2008 by Google to partners such as Samsung, HTC and other manufacturers for smartphones and tablet PCs, now runs on more than 300 million mobile devices. Google said it believed that Oracle was using the litigation to unjustly horn in on the profits from the OS.

On May 31, Oracle emailed the following statement to eWEEK:

"Oracle is committed to the protection of Java as both a valuable development platform and a valuable intellectual property asset. It will vigorously pursue an appeal of this decision in order to maintain that protection and to continue to support the broader Java community of over 9 million developers and countless law abiding enterprises. Google's implementation of the accused APIs is not a free pass, since a license has always been required for an implementation of the Java Specification. And the court's reliance on "interoperability" ignores the undisputed fact that Google deliberately eliminated interoperability between Android and all other Java platforms. Google's implementation intentionally fragmented Java and broke the "write once, run anywhere" promise. This ruling, if permitted to stand, would undermine the protection for innovation and invention in the United States and make it far more difficult to defend intellectual property rights against companies anywhere in the world that simply takes them as their own."

Chris Preimesberger is eWEEK Editor of Features and Analysis. Twitter: @editingwhiz



 
 
 
 
Chris Preimesberger Chris Preimesberger was named Editor-in-Chief of Features & Analysis at eWEEK in November 2011. Previously he served eWEEK as Senior Writer, covering a range of IT sectors that include data center systems, cloud computing, storage, virtualization, green IT, e-discovery and IT governance. His blog, Storage Station, is considered a go-to information source. Chris won a national Folio Award for magazine writing in November 2011 for a cover story on Salesforce.com and CEO-founder Marc Benioff, and he has served as a judge for the SIIA Codie Awards since 2005. In previous IT journalism, Chris was a founding editor of both IT Manager's Journal and DevX.com and was managing editor of Software Development magazine. His diverse resume also includes: sportswriter for the Los Angeles Daily News, covering NCAA and NBA basketball, television critic for the Palo Alto Times Tribune, and Sports Information Director at Stanford University. He has served as a correspondent for The Associated Press, covering Stanford and NCAA tournament basketball, since 1983. He has covered a number of major events, including the 1984 Democratic National Convention, a Presidential press conference at the White House in 1993, the Emmy Awards (three times), two Rose Bowls, the Fiesta Bowl, several NCAA men's and women's basketball tournaments, a Formula One Grand Prix auto race, a heavyweight boxing championship bout (Ali vs. Spinks, 1978), and the 1985 Super Bowl. A 1975 graduate of Pepperdine University in Malibu, Calif., Chris has won more than a dozen regional and national awards for his work. He and his wife, Rebecca, have four children and reside in Redwood City, Calif.Follow on Twitter: editingwhiz
 
 
 
 
 
 
 

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