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Oracle reduces damages to "hundreds of millions", drops patent in Android lawsuit

Posted: , by Scott H.

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Oracle reduces damages to
According to legal news website Groklaw, Oracle suffered a 1-2 punch last week that will leave them scrambling to recover as they pick up the scraps of their lawsuit against Google’s Android operating system.

First, Oracle withdrew their ‘476 patent from the case, the patent that the USPTO deemed invalid back in December. Google had already asked for permission to file for summary dismissal of the patent in light of the USPTO’s actions, and Oracle apparently did not see any light at the end of that tunnel, so they withdrew it from the case.

Second, and perhaps more damning, Oracle’s third damages report (the judge found that the first two to be intentionally inflated beyond reason) was filed, and completely undermines the astronomical figures that Oracle had been touting through the latter half of 2011. Rather than the $5-6 billion dollars that Oracle bandied about in the first two damage reports, in this one their own damages expert found that the patents were worth at most worth $57.1 million in damages, while the copyright was worth at most $169 million.

For those of you without calculators handy, that is $226 million in damages - as a best case scenario - from Oracles’ own damages report. To put that in perspective, it’s about 4% of the damages Oracle tried to claim last year. And that’s presuming they win, which doesn’t appear certain at all at this point. Google is still objecting to these numbers, and has filed a counter-report claiming that Oracle's math is still “riddled with fatal errors” that inflate the numbers.

So in short, things continue to turn sour for Oracle’s attack on Android. It’s down to 5 patents (which are also under review by the USPTO), questionable application of copyright to APIs, and a best-case-scenario of $226 million in damages. Which isn’t chump change, but it also isn’t an amount that Google couldn’t afford to write a check for.

Oracle’s only serious hope for a big paycheck now is if they can get an injunction against Android – the threat of stopping all Android distribution would certainly give Oracle the upper hand – but as the damage amount falls and more IP is thrown out or called into question, that eventuality appears less and less likely.

source: Groklaw via 9to5Google

20 Comments
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posted on 20 Feb 2012, 12:21 15

1. taz89 (Posts: 2014; Member since: 03 May 2011)


lol i remember ''certain'' people were saying oracle would be the death of android

posted on 20 Feb 2012, 12:26 10

2. LoneShaolin (Posts: 307; Member since: 14 Jan 2012)


Replace "certain" with "iPhreaks"?

posted on 20 Feb 2012, 12:27 12

3. iamcc (Posts: 1319; Member since: 07 Oct 2011)


Or just "idiots".

posted on 20 Feb 2012, 12:55 6

5. ivanko34 (Posts: 617; Member since: 04 Sep 2011)


is 'idiots' registered by apple ?

posted on 20 Feb 2012, 13:12 7

6. LoneShaolin (Posts: 307; Member since: 14 Jan 2012)


It is, right behind lemming.

posted on 20 Feb 2012, 14:47 4

9. remixfa (Posts: 13903; Member since: 19 Dec 2008)


it is if you capitalize the D and put the copywrite logo on it.

iDiot©

lolz

posted on 20 Feb 2012, 14:53 3

11. LoneShaolin (Posts: 307; Member since: 14 Jan 2012)


LAWL @ the copyright! Hurry up and patent it before Apple does!

posted on 20 Feb 2012, 16:11 5

13. jroc74 (Posts: 4720; Member since: 30 Dec 2010)


I remember certain ppl saying the iPhone on Verizon would be the death of Android.

I also remember certain ppl saying in 2 years Android would be no more....that was in 2010...

Those ppl and their wild fantasies...

I also remember on Engadget iFans were having a field day talking about the end of Android..wonder what ther are saying now...

posted on 20 Feb 2012, 18:06 1

18. quakan (Posts: 1177; Member since: 02 Mar 2011)


I remember every phone launched after the original iPhone came out was going to be "The iPhone Killer".

posted on 21 Feb 2012, 06:25 3

20. jroc74 (Posts: 4720; Member since: 30 Dec 2010)


Yes....that hasnt happened either... lol.

So the fanboys, fanatics need to just chill and enjoy what ever phone they like...

posted on 20 Feb 2012, 12:45 2

4. tward291 (Posts: 559; Member since: 14 Feb 2012)


hopefully this will all be done with by next year

posted on 20 Feb 2012, 14:16

7. fanboy (Posts: 38; Member since: 07 Mar 2011)


co-sign

posted on 20 Feb 2012, 14:33 1

8. Tmachaveli (Posts: 425; Member since: 01 Apr 2011)


Haha dumb ass trying to get a pay day not gonna happen

posted on 20 Feb 2012, 14:50 5

10. Sniggly (Posts: 6971; Member since: 05 Dec 2009)


Oracle is even higher on the list of patent trolls than Apple, because they bought out Sun, which was more than happy to let google use their code for free, in order to cash in on Android's success. Furthermore, they did a good job of hiding evidence which pointed to Sun's benevolent attitude.

posted on 20 Feb 2012, 15:11 2

12. remixfa (Posts: 13903; Member since: 19 Dec 2008)


very true. imwaiting for oracle to have to adjust the suite again to "tens of dollars in damages " lol

posted on 20 Feb 2012, 17:31 2

16. LoneShaolin (Posts: 307; Member since: 14 Jan 2012)


I hate Oracle. My mom worked for Sun in Foster City. I live within a brick's throw of their main office in Redwood Shores.

posted on 20 Feb 2012, 17:24 6

14. tluv00 (Posts: 134; Member since: 18 Oct 2007)


Oracle is the Crackhead of patent lawsuits.

"I want $150,000. But we can settle out court, for $20." - Ezel

posted on 20 Feb 2012, 17:29 3

15. jroc74 (Posts: 4720; Member since: 30 Dec 2010)


LMAO!!! I wonder how many ppl will get this...

posted on 20 Feb 2012, 17:37 5

17. LoneShaolin (Posts: 307; Member since: 14 Jan 2012)


"Aw, I'm suing y'all. Oh, I'm hurt. Oh, my neck, my back, my neck and my back. Oh! I want $150,000, but we can settle out of court right now for twenty bucks."

"Man, get your punk ass up. It ain't even wet over here. Damn."

posted on 20 Feb 2012, 18:07 3

19. quakan (Posts: 1177; Member since: 02 Mar 2011)


Lmao classic

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