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A pretrial order issued earlier this month indicated that href=”http://oracle.com/” rel=”homepage” target=”_blank” title=”Oracle Corporation”>Oracle’s lawsuit against href=”http://google.com/” rel=”homepage” target=”_blank” title=”Google”>Google would likely head to a jury trial in March. In a new filing, Judge William Alsup decided to delay the trial until Oracle can propose a reasonable methodology for measuring the damages.
The bitter intellectual property dispute relates to href=”http://code.google.com/android/” rel=”homepage” target=”_blank” title=”Android”>Google’s Android mobile operating system. Oracle claims that the patents it holds on the href=”http://www.oracle.com/technetwork/java/” rel=”homepage” target=”_blank” title=”Java (programming language)”>Java programming language and related technologies are infringed by Android’s custom Java runtime environment and compiler.
Android is also under siege from rival smartphone vendors that have issued their own patent claims against the operating system. Google has spent a considerable amount of money over the past year assembling a formidable defensive patent portfolio that will help insulate its mobile operating system from patent litigation.
One of the most contentious issues that has arisen in Oracle’s litigation against Google is the methodology for computing damages. Judge Alsup has been vocal about his dissatisfaction with the proposals issued by both parties in the dispute. In the latest order, he complains that Oracle has twice “advanced improper methodologies obviously calculated to reach stratospheric numbers.”
Judge Alsup believes that the trial will take approximately two months when it finally occurs.