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Oracle’s Case Against Google Crumbling

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Given that Android and its respective manufacturers are having a tough time against Apple these days it would be nice to see a win for Google and the Android platform altogether. Well boy do I have good news for you folks as Oracle is seeing its patent suits against the search giant crumble down around them. Unofficially known as the suit to end all suits, it was the one that could have effectively killed Android as a platform with its required royalties. This would probably force Google to charge manufacturers to use the platform. While the patent dispute was postponed that didn’t mean that the wheels weren’t turning behind the scenes.

For those that don’t know, Oracle bought Sun and valued the transaction at “approximately $7.4 billion, of $5.6 billion net of Sun’s cash and debt.” Broken down this includes, the hardware, MQL, Solaris and other aspects that encompass more than just Java. But the Sun Microsystems acquiring company valued six, dropped to five, out of 500 Java patents at $6 billion dollars. This figure obviously being over hyped.

Google is arguing that the valuation is quite inflated. This is apparent as the values have been calculated three times. They say:

“Dr. Cockburn’s third report begins, as his second report did, with the negotiations Google and Sun conducted in early 2006 for a technology partnership to develop a mobile smartphone platform. As before, Dr. Cockburn uses as his monetary starting point Sun’s initial February 2006 demand, which he calculates at $98.7 million, rather than Sun’s final demand in April 2006 of $28 million.”

Because of this Oracle has expressed their wishes to withdrawal claim 14 regarding the ’476 patent or the last patent claim in the case. In December, 17 out of the 21 claims regarding this patent were rejected by the USPTO. Google is asking for permission to file a motion for summary judgment of invalidity for claim 14. By withdrawing their claim they hope to make Google’s request moot. They wrote:

“As part of its continuing effort to streamline the case for trial and make best use of the Court’s and parties’ resources, Oracle has today by separate letter to Google withdrawn the assertion of Claim 14 of the ’476 patent, the only claim that is the subject of Google’s précis letter (and the only remaining asserted claim of the ’476 patent). Accordingly, Oracle requests that the Court deny Google’s request for leave as moot.”

Oracle has until February 20th to appeal the ruling but as of right now there isn’t word suggesting that they will. Given that February 20th is tomorrow chances are they probably won’t. If you would like to read a more detailed account of the most current updates of this suit you can hit the source below. This is certainly big news for Google and its Android OS and we’re finally seeing the end of the back and forth saga that started all the way back in August of 2010. Here’s hoping Google’s good fortune snowballs into its manufacturers lawsuits against Apple.

source: Groklaw

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