Oracle demands January trial in Google-Android case

But Google maintains it might need to be delayed until July due to scheduling problems

Google and Oracle continue to differ over when their lawsuit over alleged Java intellectual property violations in the Android mobile OS should begin, according to a joint filing the companies made late Monday in U.S. District Court for the Northern District of California.

Oracle referred to the "irreparable harm" being caused to Java by "the continued migration of device manufacturers and application developers from Java to Android" in requesting the trial begin on Jan. 20 or 23, after the scheduled Jan. 19 submission of an expert's damages report.

"For instance, Amazon's newly-released Kindle Fire tablet is based on Android, while prior versions of the Kindle were Java-based," Oracle added. "Android has been gaining in other areas as well, with Android-based set-top boxes and even televisions appearing this year. These are markets where Java has traditionally been strong but is now losing ground to Android."

While Google has argued that the number of Java developers actually grew since Oracle filed suit, many of them are focusing on Android and "not for licensed Java implementations," Oracle said.

For its part, Google has "no interest in delaying resolution of this case any longer than necessary," but a January start is not workable given various scheduling issues, the company said in the joint statement. In fact, it may be "difficult to conduct trial before July 2012," Google said.

Oracle's own public figures show that there are 2.5 million more Java developers since the lawsuit was filed, Google added. On one hand, "Oracle contends that many of these developers are writing for Android, with no benefit to Oracle," Google added. "But this is inconsistent with the fact that Oracle touts these figures."

Oracle sued Google in August 2010, alleging that Android violated a number of patents and copyrights it holds on Java, which Oracle gained control of through the acquisition of Sun Microsystems. Google has admitted no wrongdoing.

The court has proposed splitting the trial into a number of phases. While Google is in support of such a move, Oracle has opposed doing so on grounds it would result in redundant testimony.

It's possible that some resolution on the trial's start date and format could come on Wednesday, when the joint filing is discussed at a scheduled pretrial conference.

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 open sourceapplication developmentLanguages and standardsintellectual propertypatentCivil lawsuitslegalsoftwareOracleAndroid OSGoogle

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

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?