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21 June 2012, 10:34

Oracle declines damages from Google and prepares for appeal

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Oracle's lawyers have movedPDF to decline damages from Google in the lawsuit concerning patent and copyright infringement in Android's Dalvik implementation of Java. Last month, the presiding Judge William Alsup ruled that the structure, sequence and organisation (SSO) of the 37 Java APIs in question were not copyrightable and that Google had not infringed on Oracle's patents. This left the plaintiff with only statutory damages to pursue, which would mean a total of $300,000 in this case. Oracle had initially sought several billion dollars in damages.

Declining the statutory damages seems to be part of a preparation by Oracle to appeal the case. Oracle lawyer Michael Jacobs joked in court: "I hope we see you again after an appeal." Parts of an appeal, if it is accepted, would again be tried in front of Judge Alsup's court. Oracle is most likely declining damages to get the case to wrap up as soon as possible so that it can move forward and pursue the appeals process.

During a retrial, Oracle would again be able to claim punitive damages based on a new attempt to prove that Google infringed on its patents and the copyrightability of the Java APIs.

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