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Oracle, Google Still Far Apart On Patent Lawsuit Talks

By Rick Whiting
March 29, 2012    12:22 PM ET

Google has offered to pay Oracle about $2.8 million in damages to settle Google's alleged misuse of Oracle's patented Java technology in the Android mobile operating system. But so far Oracle isn't going for it.

The case, in which Oracle originally claimed damages of as much as $6.1 billion, is currently scheduled for trial on April 16 in U.S. District Court in San Francisco.

In a court filing earlier this week Oracle and Google outlined the legal areas they have agreed on – done at the request of presiding judge William Alsup in an effort to streamline the upcoming trial – and the areas where they remain apart.

The filing shows that the two companies remain far apart on such legal issues as how much time each side should be given to present evidence, whether to remove confidentiality designations from trial exhibits, and whether both companies should waive their right to a jury trial.

Oracle sued Google in 2010 claiming that the use of Java in Android violates patents, as well as copyrighted material related to the Java platform. Oracle acquired Java when it bought Sun Microsystems in January 2010.

While Oracle has claimed damages as high as $6.1 billion in the case, the judge in the case rejected those claims last year, suggesting that a $100 million royalty offer from Google was a more reasonable starting point for negotiations.

While the suit originally charged Google with infringement of seven Java patents, the case is focused on just two patents, as well as alleged copyright issues.

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