A Thursday ruling filed in the U.S. District Court for the Northern District of California states that there is no clear date for a trial over Oracle’s lawsuit against the alleged Java intellectual property violations committed by Google for their Android mobile OS.
“Before a trial date will be set, the issue of damages methodology must be finally sorted out,” says Judge William Alsup. “Put differently, the Court will not set a trial date until Oracle adopts a proper damages methodology, even assuming a third try is allowed (or unless Oracle waives damages beyond those already allowed to go to the jury).”
Just last week Judge Alsup ruled that trial for the case will start on or after March 19. However, the recent update has put this date aside. “For this ‘delay,’ Oracle has no one to blame but itself, given that twice now it has advanced improper methodologies obviously calculated to reach stratospheric numbers,”
An estimate originally given last year Oracle’s damages expert was amounted to $6.1 billion for damages caused by Google in the alleged violations. However, the judge rejected this assessment and has required Oracle to produce another acceptable damages report.
In addition to a second assessment, Google has filed a pending petition against going to court for an appeal over the controversial email that was written y Tim Lindholm, a Google engineer.
“What we’ve actually been asked to do by Larry and Sergey is to investigate what technology alternatives exist to Java for Android and Chrome,” Lindholm wrote in the August 2010 email, shortly before Oracle filed suit, referring to Google co-founders Larry Page and Sergey Brin. “We’ve been over a hundred of these and think they all suck. We conclude that we need to negotiate a license for Java.”
Oracle has requested for the trial to start ASAP, in other filings. However, Google’s petition over the email is in the way, which based on Alsup’s ruling: ‘If Oracle will waive reliance on that email, then this roadblock would vanish.’
Recently, the email was characterized as a proverbial smoking gun. Alsup was also heard stating that Google will be ‘on the losing end’ during one hearing. It’s still unclear whether Oracle will take Alsup’s offer.
According to Alsup, the adequate duration for the trial will be two months, a total of three phases. “The time limits set are almost double the maximum ever used in any trial in the judge’s 12-plus years on the bench.”