Showing posts with label trial. Show all posts
Showing posts with label trial. Show all posts

Monday, May 7, 2012

Verdict in Oracle-Google trial likely Monday

SAN FRANCISCO (AP) -- A federal jury in San Francisco is expected to deliver at least a partial verdict Monday in a copyright-infringement trial pitting Oracle against Google.

The 12 jurors informed U.S. District Judge William Aslup that they have unanimously agreed on three of the four issues at stake in the opening round of the trial. The jury foreman says there appears to be an impasse on the remaining issue.

Aslup was leaning toward accepting a partial verdict Friday until the foreman mentioned some jurors believe some of the holdouts could change their mind over the weekend.

The jury is debating Oracle Corp.'s allegations that Google Inc. built its popular Android software for mobile devices by stealing some of the technology from Java, a programming platform that Oracle bought two years ago


View the original article here

Saturday, May 5, 2012

Judge pushes civil trial over BP spill into 2013

NEW ORLEANS (AP) -- The federal judge who will decide whether to approve a class-action settlement of claims against BP PLC has scheduled a January 2013 trial for other claims spawned by the deadly blowout of the company's deepwater well in the Gulf Mexico.

After meeting Thursday behind closed doors with attorneys, U.S. District Judge Carl Barbier scheduled the start of the trial for Jan. 14, 2013.

The Justice Department wanted the trial to start this summer, but BP asked Barbier to wait until after he decides whether to give his final approval to the settlement agreement. Barbier is scheduled to hold a "fairness hearing" on the proposed settlement on Nov. 8, 2012.

The first phase of a three-phase trial originally was scheduled to start Feb. 27, 2012. Barbier postponed it indefinitely after BP and the Plaintiffs' Steering Committee announced they had reached a deal that would resolve billions of dollars in claims by more than 100,000 claims by people and businesses blaming economic losses on the 2010 spill off the coast of Louisiana.

In a court filing Tuesday, government lawyers argued the settlement agreement shouldn't delay a trial for claims that aren't covered by the deal. The state of Alabama also asked Barbier to set a new trial for this summer.

The proposed settlement doesn't have a cap, but BP estimates it will pay about $7.8 billion to resolve the private claims. It doesn't resolve separate claims brought by the federal government and Gulf states against BP and its partners on the Deepwater Horizon drilling rig over environmental damage from the spill.

The deal also doesn't resolve private plaintiffs' claims against Switzerland-based rig owner Transocean Ltd. and Houston-based cement contractor Halliburton.


View the original article here

Friday, May 4, 2012

Possible jury impasse looms in Oracle-Google trial

SAN FRANCISCO (AP) -- A federal court jury is having a difficult time reaching a verdict in a complex copyright infringement trial pitting Oracle against Google.

A question posed late Thursday in a note from one of the 12 jurors raised the specter of an impasse after lawyers on both sides spent two weeks trying to make their cases. The evidence included testimony from Oracle Corp. CEO Larry Ellison and Google Inc. CEO Larry Page.

Thursday's note asked U.S. District Judge William Alsup what would happen if jurors couldn't agree on a verdict. The note also indicated some jurors weren't budging from their positions.

The question came after more than 20 hours of jury deliberations spread over four days.

Alsup called the jury into the San Francisco courtroom to give them a pep talk before sending them home for the day.

The jury is debating Oracle Corp.'s allegations that Google Inc. built its popular Android software for mobile devices by stealing some of the technology from Java, a programming platform that Oracle bought two years ago.

Oracle is hoping to win hundreds of millions of dollars in damages and a court order that would require Google to get a licensing agreement to keep using elements of Java in Android.

Google says it only used parts of Java that have always been freely available. The company also argues its actions fall under the "fair use" provision of U.S. copyright law.

If the jury can't reach a unanimous verdict on the copyright infringement allegations, Alsup told them that they will move on to a second phase of a trial to determine if Android violates two Java patents. If the copyright case ends in a deadlocked jury, Alsup said it probably will be re-tried in the future.


View the original article here

Tuesday, April 24, 2012

Google's Schmidt set to testify in smartphone trial

By Dan Levine

SAN FRANCISCO (Reuters) - Google's former chief executive, Eric Schmidt, is slated to testify on Tuesday as Oracle's final witness in the first part of a high stakes trial over smartphone technology, attorneys said in court.

Oracle sued Google in August 2010, saying Google's Android mobile operating system infringes its copyrights and patents for the Java programming language. Google countered that it does not violate Oracle's patents and that Oracle cannot copyright certain parts of Java, an "open-source," or publicly available, software language.

The trial, expected to last at least eight weeks, has been divided into three phases: copyright liability, patent claims, and damages. The first phase over copyright began last week, with both Oracle Chief Executive Larry Ellison and Google CEO Larry Page taking the stand.

In court on Monday, attorneys for both Oracle and Google confirmed that Schmidt would appear on Tuesday, after Google's Android chief, Andy Rubin, completes his testimony.

Schmidt was Google's CEO for 10 years before assuming the role of executive chairman last year. He previously worked as chief technology officer at Sun Microsystems, which developed Java. Oracle acquired Sun for $7.4 billion in 2010.

Schmidt is expected to testify about negotiations with both Sun and Oracle over Java, along with his awareness of Sun's Java licensing practices due to his tenure there, according to a witness list filed in court.

Early in the case, estimates of potential damages against Google ran as high as $6.1 billion. But Google successfully narrowed Oracle's patent claims and reduced the possible award. Oracle is seeking roughly $1 billion in copyright damages.

After Schmidt, Oracle is expected to rest its copyright presentation, and Google will then have an opportunity to present witnesses. The jury will deliberate solely on copyright liability before moving on to hear evidence about patent infringement.

U.S. District Judge William Alsup may also decide some of the copyright issues. However, Alsup has not yet formally ruled on which questions will ultimately be sent to the jury and which ones he will decide.

The case in U.S. District Court, Northern District of California, is Oracle America, Inc v. Google Inc, 10-3561.

(Reporting By Dan Levine; Editing by Phil Berlowitz)


View the original article here

Sunday, April 22, 2012

Summary Box: Oracle spars with Google in trial

LEGAL SHOWDOWN: Oracle delivered its opening statement in a federal court trial revolving around its allegations that Google stole a key piece of programming technology called Java to build the Android operating system that now powers more than 300 million smartphones and computer tablets.

FIRST JABS: In an hour-long presentation before a jury Monday, Oracle Corp. lawyer Michael Jacobs highlighted a series of internal emails indicating Google's top executives knew the company needed pay licensing fees to use Java in Android. A licensing agreement was never worked out.

NEXT ROUND: Google Inc.'s lawyers will counter with their opening statement Tuesday.


View the original article here

Oracle skewers Google as Android trial opens

SAN FRANCISCO (AP) -- Oracle began Monday trying to convince a jury that Google's top executives have long known that they stole a key piece of technology to build the Android software that now powers more than more than 300 million smartphones and tablet computers.

The unflattering portrait of Google Inc. was drawn by Oracle lawyer Michael Jacobs in the opening phase of a complex trial pitting two Silicon Valley powerhouses in a battle delving into the often mind-numbing minutiae of intellectual property and computer coding.

"We will prove to you from beginning to end ... that Google knew it was using someone else's property," Jacobs said near the end of his hour-long opening statement.

Google's lawyers will counter with their opening statements Tuesday.

The showdown in a San Francisco federal court centers on Oracle's allegations that Google's Android software infringes on the patents and copyrights of Java, a programming technology that Sun Microsystems began developing 20 years ago.

Oracle Corp., a business software maker based in Redwood Shores, acquired the rights to Java when it bought Sun Microsystems for $7.3 billion in January 2010.

Google Inc., the Mountain View-based Internet search leader, has steadfastly denied Oracle's allegations since the lawsuit was filed seven months after the Sun deal closed.

The impasse has left it to a 12-member jury to resolve the dispute in a trial scheduled to last as long as 10 weeks. U.S. District Judge William Alsup devoted most of Monday's session to picking the jury, leaving only enough time for Oracle to lay out the framework for its case.

Oracle is seeking hundreds of millions of dollars in damages and an injunction that would force Google to pay future licensing fees or find an alternative to Java to keep its Android system running smoothly.

At one point in the lawsuit, Oracle estimated it might be owed as much as $6.1 billion. But Alsup has whittled the case down in a way that has substantially lowered the size of the potential payout if Google loses.

In a sign of how far apart the two sides are, Google last month said it would be willing to pay $2.8 million plus a tiny percentage of its future revenue if the jury decides Android infringed on two Java patents. Google hasn't publicly estimated what it thinks its liability might be if the jury decides Android violated 37 Java programming copyrights as alleged by Oracle.

The copyright disagreement — the most important point of the case — will be covered in the first phase of the trial followed by the patent dispute. If necessary, a third phase will be devoted to how much money Google owes Oracle.

Much of the evidence presented during the trial will delve into highly technical fare likely only to appeal to programming geeks and patent-law aficionados. However, there may be dramatic interludes that lift a veil on the inner workings of two of the world's most influential technology companies.

The intrigue will include testimony from the two companies' multibillionaire CEOs, Oracle's Larry Ellison and Google's Larry Page. Oracle indicated on Monday that it could call Ellison to the stand as early as Tuesday.

Several other industry luminaries, including former Google CEO Eric Schmidt and former Sun Microsystems CEO Jonathan Schwartz, are also on the list of potential witnesses.

Jacobs focused much of his opening statement on excerpts in internal emails that suggest Google knew it needed to pay licensing fees to use some of the Java technology that went into Android, a project that began in earnest in 2005 when Google bought a startup run by Andy Rubin. The first phone running on Android software didn't go on sale until October 2008, about 15 months before Oracle bought Sun Microsystems and stepped up the attempts to make Google pay up for the Java technology.

Oracle cited an October 2005 email from Rubin to Page as an early sign that Google realized it probably would have to pay Sun for using Java in Android.

"My proposal is that we take a license that specifically grants the right for us to Open Source our product," Rubin wrote.

Jacobs pointed to a May 2006 email from Schmidt to Rubin as an indication that Google knew it might need to seek other solutions for Android if it couldn't work out an agreement with Sun.

"How are we doing on the Sun deal?" Schmidt asked in his message. "Its (sic) it time to develop a non-Java solution to avoid dealing with them?"

By August 2010, Google still hadn't been able to find any satisfactory alternatives to Java, according to an email that Google engineer Tim Lindholm sent to Rubin.

"We have been over a bunch of these, and think they all suck," wrote Lindholm, who worked at Sun Microsystems before joining Google. "We conclude that we need to negotiate a license for Java under the terms we need."

The lack of a licensing agreement ultimately didn't deter Google, Jacobs told the jury, because the company realized it needed a mobile software system to preserve its digital search-and-advertising empire as more sophisticated phones enabled more people to surf the Internet while they were away from their desktop computers. Java provided Google with a springboard into mobile computing because 6 million software programmers were already familiar with the technology and could easily create applications that would run on Android, Jacobs said.

Although Google doesn't charge device makers to use Android, the company makes money from some of the mobile advertising and mobile applications sold on the system. Google has said its mobile advertising revenue now exceeds $2.5 billion, but it hasn't specified how much of that money comes from Android-powered devices.


View the original article here

Saturday, April 21, 2012

Summary Box: Google CEO grilled in Oracle trial

THE WITNESS: Google CEO Larry Page spent nearly an hour in a federal courtroom Wednesday, called as Oracle's witness in its legal dispute with Google.

THE ADVERSARY: He was grilled by David Boies, a tenacious lawyer who made headlines for grilling former Microsoft Corp. CEO Bill Gates in an antitrust lawsuit filed by the U.S. government in 1990s. Boies is working for Oracle in this trial.

PERFORMANCE: The taciturn Page often looked uncomfortable. He frequently said he couldn't remember seeing some of the internal Google documents that Oracle is using to build its case.


View the original article here