Oracle seeks hefty slice of Google's ad revenue

Oracle wants ad revenue generated via searches on Android mobile devices, according to a court filing

Oracle wants a significant chunk of the ad revenue Google generates in connection with its Android mobile OS, according to a filing made this week in the companies' ongoing patent litigation suit.

Oracle sued Google last August, claiming Android infringes on seven of Oracle's Java patents. Google has denied all wrongdoing.

Details of what Oracle wants in compensation have now emerged in a filing made Monday by Google in U.S. District Court for the Northern District of California.

The partially redacted filing targets conclusions made by Iain Cockburn, a Oracle legal expert on damages. Passages that appear to concern specific monetary figures are blacked out, but other sections provide a sense of the scope of royalties Cockburn says Oracle is owed.

"Cockburn has no basis for including all of Google's revenue from Android phones into the base of his royalty calculation," Google attorneys wrote. "The accused product here is the Android software platform, which Google does not sell (and Google does not receive and payment, fee, royalty, or other renumeration for its contributions to Android). Cockburn seems to be arguing that Google's advertising revenue from, e.g., mobile searches on Android devices should be included in the royalty base as a convoyed sale, though he never articulates or supports this justification."

Google's ads can be viewed anywhere and are "not uniquely enabled by Android," they added.

In addition, Cockburn "audaciously" attempts to "import into his royalty base the alleged harm [Oracle] would have suffered from so-called 'fragmentation' of Java into myriad competing standards," the filing states.

Also, "after improperly inflating the base of his royalty calculation, Cockburn proceeds to apply an unprecedented fifty percent royalty rate to that base through use of improper short-cuts," the filing adds.

Overall, Cockburn's report is "unreliable, misleading and inappropriate for presentation to a jury," Google argued.

An Oracle spokeswoman declined comment.

Google's filing and arguments were first flagged by Florian Mueller, a frequent blogger on open-source software and patent issues.

"I have analyzed the situation and I can tell you up-front: the word 'demanding' is an understatement," Mueller said in a blog post Tuesday. "The position on damages for past infringement taken by an Oracle expert appears to be such that Oracle would want Google to pay damages for past infringement that would in the worst case far exceed any money Google has made with Android so far -- and would likely expect Google to pay even more going forward."

It could be quite some time before such a scenario could play out, as the judge overseeing the case recently said it may be necessary to delay a trial until U.S. officials complete the re-examination of some of Oracle's patents. That process could take years.

Chris Kanaracus covers enterprise software and general technology breaking news for The IDG News Service. Chris's e-mail address is Chris_Kanaracus@idg.com

Join the Good Gear Guide newsletter!

Error: Please check your email address.

Tags business issuesLanguages and standardsapplication developmentopen sourcetelecommunicationSun MicrosystemsCivil lawsuitsoperating systemsmobileOracleGoogleintellectual propertylegalsoftware

Struggling for Christmas presents this year? Check out our Christmas Gift Guide for some top tech suggestions and more.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Chris Kanaracus

IDG News Service

Most Popular Reviews

Follow Us

Best Deals on GoodGearGuide

Shopping.com

Latest News Articles

Resources

GGG Evaluation Team

Kathy Cassidy

STYLISTIC Q702

First impression on unpacking the Q702 test unit was the solid feel and clean, minimalist styling.

Anthony Grifoni

STYLISTIC Q572

For work use, Microsoft Word and Excel programs pre-installed on the device are adequate for preparing short documents.

Steph Mundell

LIFEBOOK UH574

The Fujitsu LifeBook UH574 allowed for great mobility without being obnoxiously heavy or clunky. Its twelve hours of battery life did not disappoint.

Andrew Mitsi

STYLISTIC Q702

The screen was particularly good. It is bright and visible from most angles, however heat is an issue, particularly around the Windows button on the front, and on the back where the battery housing is located.

Simon Harriott

STYLISTIC Q702

My first impression after unboxing the Q702 is that it is a nice looking unit. Styling is somewhat minimalist but very effective. The tablet part, once detached, has a nice weight, and no buttons or switches are located in awkward or intrusive positions.

Latest Jobs

Shopping.com

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?