Google accuses Oracle of delay tactics in Android suit

Oracle has yet to produce Sun.com web pages and Java source code, Google says

Google is accusing Oracle of dragging its feet in providing a large volume of documents related to the companies' lawsuit over alleged Java patent violations in the Android mobile OS, including website pages from Sun.com.

"Many of the web pages are highly relevant, as they provide marketing and technical information for Oracle Java products that are alleged to practice the asserted patents and copyrights," Google said in a filing made Friday in U.S. District Court for the Northern District of California.

"Oracle provided Google an electronic production early in the case that purportedly included the website materials, but it turned out to be corrupted and neither Google nor Oracle could access the materials," it added.

Since early April or before, Oracle "has claimed to be working on re-producing the website, yet as the last days of discovery approach, the website materials have not been produced," it adds. "This is especially alarming given that the Sun.com website was decommissioned and taken offline a few months ago, and many key documents identified by Google are no longer available."

Google may be alluding to examples of high-profile Sun executives praising Android and calling it a positive thing for Java, as former Sun Microsystems CEO Jonathan Schwartz did in a 2007 blog post that is currently inaccessible. Oracle gained control of Java through the acquisition of Sun.

Oracle has promised the website pages will be provided by Aug. 15, but a court order may be required given Oracle's long delay, Google said.

In response, Oracle said it has "spent an enormous amount of time and effort recapturing the website in a usable form," and in fact had just completed data-collection efforts. "Google knows this," Oracle added. "There should be no further dispute over these materials."

Google also complained that it has received only 43 documents from Oracle CEO Larry Ellison, compared to the "tens of thousands, or even hundreds of thousands" of documents typically provided by other "document custodians."

Due to the relative paucity of documents from Ellison, "Google therefore believes that a large number of relevant documents may have been intentionally withheld by Oracle," it said.

Oracle "believes that it has complied with its obligations" as far as Ellison's documents are concerned, the company said in response, adding that it was blindsided by Google's demand. "Google raised this issue for the first time on the evening of August 4, but has not identified any particular deficiency in the production or documents that appear to be missing."

However, Oracle agreed to discuss the matter further with Google.

Google also cited Oracle's alleged slowness to produce Java source code dating to October 1996. Oracle has agreed to provide the code, which may invalidate one of the patents at issue, Google said.

But Google has "legitimate concerns" it will not have enough time to incorporate evidence from the code into an opening report on patent invalidity, it added. The case is scheduled to go to trial Oct. 31.

"As with the prior issues, this issue is being resolved," Oracle said. "There should be no further dispute over these materials.

Overall, the discovery filing reflects the acrimonious back-and-forth that has marked the case from its beginning.

Oracle sued Google in August 2010, saying Android violated seven Java patents. An Oracle damages expert initially said Google owed the company between US$1.4 billion and $6.1 billion, according to Google. But Judge William Alsup subsequently ordered Oracle to substantially lower its damages range.

Join the Good Gear Guide newsletter!

Error: Please check your email address.

Tags Googleintellectual propertyCivil lawsuitslegalOracle

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

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

Chris Kanaracus

IDG News Service
Show Comments

Essentials

Microsoft L5V-00027 Sculpt Ergonomic Keyboard Desktop

Learn more >

Lexar® JumpDrive® S57 USB 3.0 flash drive

Learn more >

Mobile

Lexar® JumpDrive® S45 USB 3.0 flash drive 

Learn more >

Exec

Audio-Technica ATH-ANC70 Noise Cancelling Headphones

Learn more >

Lexar® JumpDrive® C20c USB Type-C flash drive 

Learn more >

HD Pan/Tilt Wi-Fi Camera with Night Vision NC450

Learn more >

Lexar® Professional 1800x microSDHC™/microSDXC™ UHS-II cards 

Learn more >

Budget

Back To Business Guide

Click for more ›

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?