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Tuesday, April 3, 2012

Oracle-Google settlement unlikely, judge orders trial preparations - San Jose Mercury News

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Oracle-Google settlement unlikely, judge orders trial preparations - San Jose Mercury News
Apr 3rd 2012, 17:31

SAN FRANCISCO -- Oracle (ORCL) and Google (GOOG) have reached an "irreconcilable impasse" in settlement negotiations in a high-profile intellectual property lawsuit and the companies' lawyers should prepare for trial, a U.S. magistrate judge ruled Monday.

U.S. Magistrate Judge Paul Grewal said he would not convene any further settlement conferences in the patent and copyright lawsuit against Google over the Java programming

language.

A Google representative could not immediately be reached for comment. A spokeswoman for Oracle declined to comment. The trial is currently scheduled to begin on April 16 before U.S. District Judge William Alsup in San Francisco.

Oracle sued Google in 2010, alleging the Web search leader's Android mobile operating technology infringes Oracle's Java patents.

According to a court filing made public last week, Google offered to pay Oracle roughly $2.8 million in damages on the two patents remaining in the case, covering the period through 2011, according to a filing made jointly by the companies.

For future damages, Google proposed paying Oracle 0.5 percent of Android revenue on one patent until it expires this



December and 0.015 percent on a second patent until it expires in April 2018.

Oracle rebuffed the offer as too low, the filing said.

In addition to those patent claims, Oracle also seeks hundreds of millions of dollars in damages over copyright infringement allegations against Google. Oracle acquired the Java programming language through its purchase of Sun Microsystems in 2010.

Grewal wished both sides "good luck" in his Monday order.

"We are referred to as trial courts because, in the end, some cases just need to be tried," Grewal wrote. "This case is a good example of why that is so."

Copyright 2012 San Jose Mercury News. All rights reserved.

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