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Wednesday, 13 July 2011 14:35

Google knew that Android violated some Oracle patents

Written by Nick Farell


Judge William Alsup thinks it is possible
A judge overseeing the Google versus Oracle case thinks it is possible that Google possibly knew the Android OS violated certain Oracle Java patents, but pressed ahead anyway.

Judge William Alsup made the statement in connection with the so-called Daubert motion Google has filed in hopes of excluding the findings of Oracle's damages expert. Alsup wrote that it appears possible that early on Google recognized that it would infringe patents protecting at least part of Java. It entered into negotiations with Sun Microsystems to obtain a license for use in Android, then abandoned the negotiations as too expensive, and pushed home with Android without any license at all.

If the scenario was true then the court has to decide if some of the claims if valid and how it should  affect the damages analysis. Oracle gained control of Java through its purchase of Sun Microsystems and sued Google last year. It claims Android violates seven of its Java patent and it wants $6.1 billion.

Nick Farell

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