SAN FRANCSICO - (Mealey's) After seven
days of deliberation, a California federal jury yesterday acquitted Google Inc. of
patent infringement claims levied by Oracle America Inc. (Oracle America
Inc. v. Google Inc., No. 10-3561, N.D. Calif.; See 5/21/12, Page 4).
(Verdict available. Document #16-120604-007V.)
A Google spokesperson
confirmed to Mealey's Legal News that U.S. Judge William Alsup of the Northern
District of California immediately dismissed the jurors from further service,
effectively foreclosing a planned trial on damages.
"Today's jury verdict that
Android does not infringe Oracle's patents was a victory not just for Google
but the entire Android ecosystem," the spokesperson said.
The same jury largely
rejected Oracle's copyright infringement claims against Google in a partial
verdict rendered May 7, deeming Google an infringer of just nine lines of
software code out of more than 15 million lines present in Android.
Furthermore, while jurors found infringement by Google's use of the structure,
sequence and organization (SSO) of the compilable code in 37 Java application
programmer interface packages, they could not reach a consensus on the question
of fair use. Whether the SSO is itself entitled to copyright protection
will be decided by Judge Alsup at a later time.
In pretrial motions, Oracle
indicated its belief that it was entitled to $1.4 billion to $6.1 billion in
At issue in the instant
verdict were allegations that Google willfully infringed claims 11, 27, 29, 39,
40 and 41 of U.S.
patent No. RE38,104 and claims 1 and 20 of U.S. patent No. 6,061,520 with the
Android Software Development Kit, a set of developmental tools that a
programmer can use to develop applications for the Android software platform,
as well as with certain Android mobile devices.
Oracle acquired the patents
in suit from Sun Microsystems, an original developer of the Java software
platform. According to its August 2010 complaint, Oracle accused Google
of making improper use of Java intellectual property while developing the
Having found no infringement
by Google of any of the asserted claims, jurors today did not reach the
question of willfulness.
Michael A. Jacobs, Marc David
Peters and Daniel P. Muino of Morrison & Foerster in San Francisco represent Oracle. Robert
A. Van Nest, Steven A. Hirsch and Christa M. Anderson of Keker & Van Nest
in San Francisco, Bruce W. Baber of King &
Spalding in Atlanta, Scott T. Weingartner of
King & Spalding in New York and Ian C.
Ballon of Greenberg Traurig in Santa
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