Oracle Rejects Google Offer of Android Cut

Google’s offer to give Oracle Android earnings if the mobile operating system’s owner loses the case is rejected

Google offered to cut Oracle in on Android revenue if the former lost the court case between the two tech giants, a court filing has revealed.

Oracle rejected the offer as too low, however, as Google offered 0.5 percent of Android revenue on one patent until it expires in December, as well as 0.015 percent on another until that ceases to exist in April 2018, according to reports. Oracle sued Google in August 2010, claiming the popular Android operating system infringes Java patents, which Oracle acquired with Sun Microsystems.

Oracular spectacular

Google also offered $2.8 million for past damages, but Oracle is believed to be after billions (having filed a claim for £2.6 billion). Larry Ellison’s firm has also made it clear it would like an injuction against Android to “bring Android back into the Java fold”.

“Oracle cannot agree to unilaterally give up its rights, on appeal and in this court, to seek full redress for Google’s unlawful conduct,” Oracle said in the filing.

The offer came after the judge presiding over the case, which is due to commence this April and could be completed within two months, asked Google and Oracle to offer ways of streamlining the trial.

Oracle has been more keen than Google get the trial going. Earlier this month, it offered to drop three patents in a push for an April trial, after the judge warned ongoing re-examinations of asserted patents would postpone the hearing.

Only two patents – the ‘520 patent and the ‘104 “Gosling patent” – will be covered in the trial alongside Oracle’s copyright infringement claims. Initially, Oracle said seven patents had been infringed.

The two have been battling it out over Java code used in Android that was patented by Sun Microsystems, which Oracle bought in 2010. There have been numerous delays to proceedings. It was supposed to go ahead last year, but scheduling conflicts with the court pushed the hearing into 2012.

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