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Posts Tagged ‘Alsup’

Oracle drops patent from Google lawsuit, Google moves to strike Oracle’s third damages report

Monday, February 20th, 2012
Oracle drops patent from Google lawsuit, Google moves to strike Oracle's third damages report

After much sound and fury in its legal proceedings for IP infringement against Google, Oracle’s claims continue to be whittled away. Judge Alsup has been on Oracle’s case to downgrade its damages claims for months now, and on Friday, he got yet another reason to do so. Ellison’s crew has finally withdrawn the last remaining claim of patent number 6,192,476 from the litigation — the very same patent that had 17 of 21 claims wiped out earlier during a USPTO re-examination proceeding. Additionally, Google has filed a motion to strike Oracle’s third damages report for, once again, artificially inflating the monetary damages in its expert report. No one can say for sure how the judge will rule on that motion, but given that Oracle’s got less IP than ever with which to allege infringement, it seems likely that the Court will send it back to the damages drawing board.

Oracle drops patent from Google lawsuit, Google moves to strike Oracle’s third damages report originally appeared on Engadget on Mon, 20 Feb 2012 22:37:00 EDT. Please see our terms for use of feeds.

Permalink The Inquirer  |  sourceLetter from Oracle (PDF), Google motion to strike (PDF)  | Email this | Comments

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Judge attacks Oracle’s ‘stratospheric’ damages claim against Google, postpones trial

Monday, January 16th, 2012

Everything we’ve heard about Judge William Alsup tells us he’s a guy you don’t mess with — and yet Oracle seems bent on doing precisely that. When the company initially demanded $6.1 billion from Google in recompense for alleged violations of its Java patents, Alsup laughed that figure out of court and suggested $100 million might be closer to the mark. Ellison’s crew then came back with a revised claim of $2 billion, which we just knew would lead to another smackdown. Well, here it is: the judge has now cancelled the latest trial date (which had been scheduled for March) and refused to set a new one until the claimant stops using “improper methodologies” for assessing damages, which are “obviously calculated to reach stratospheric numbers.” Perhaps Oracle should try something more tropospheric?

Judge attacks Oracle’s ‘stratospheric’ damages claim against Google, postpones trial originally appeared on Engadget on Tue, 17 Jan 2012 02:27:00 EDT. Please see our terms for use of feeds.

Permalink Netbooknews.com  |  sourcePCWorld  | Email this | Comments

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Oracle amends complaint against Google to $2 billion, risks the wrath of Judge Alsup

Thursday, September 22nd, 2011
Oracle Vs. Google

Oracle’s damage claim against Google in it’s battle over Java patents keeps inching downwards, but not nearly quick enough to please either Big G or Judge William Alsup. The Redwood Shores-based company initially sought $6.1 billion, but eventually lowered that to $2.6 billion. The judge responded by suggesting a far more modest $100 million starting point for a settlement and sent Oracle back to the drawing board. Well, the company amended its complaint, and is now asking for only $2 billion. Judge Alsup has grown noticeably more impatient with both sides as the suit has progressed towards trial, which is still scheduled for October. We can’t wait to see what sort of outburst Oracle’s latest move inspires in his honor — we’re expecting a flying gavel or two.

Oracle amends complaint against Google to $2 billion, risks the wrath of Judge Alsup originally appeared on Engadget on Thu, 22 Sep 2011 12:21:00 EDT. Please see our terms for use of feeds.

Permalink Mobile Burn  |  sourceBloomberg  | Email this | Comments

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Sun CEO’s deleted blog post to help end Oracle vs Google patent dispute?

Tuesday, July 26th, 2011

Ever heard of estoppel? The term, sadly, does not denote a new German electronic bus service, but is rather a court-ordered way of telling companies “no backsies” on previously made public statements. It could also prove to be another nail in Oracle’s patent dispute coffin, should Google’s latest Wayback Machine defense hold up. Thanks to the internet’s never say die policy, a 2007 post, recently deleted by Oracle, from Sun Microsystem’s then CEO Jonathan Schwartz has surfaced, in which he enthusiastically endorsed Android’s Java base. The public statement falls in line with the aforementioned legal doctrine, potentially contradicting new owner Oracle’s patent infringement claims. Unfortunately for both parties, Judge William Alsup doesn’t seem to be too cool under the collar as he’s reportedly blasted each for “asking for the moon” and chiding them to “be more reasonable.” A final ruling in this case is still a ways off, but in the meantime you can head to the source to read Schwartz’s damning praise for yourself.

Sun CEO’s deleted blog post to help end Oracle vs Google patent dispute? originally appeared on Engadget on Tue, 26 Jul 2011 23:14:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceWayback Machine, Groklaw  | Email this | Comments

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Judge tells Oracle to rethink $2.6 billion claim against Google

Monday, July 25th, 2011
Oracle Vs. Google

The war between Google and Oracle is far from over, but the big G keeps racking up tiny victories in what are admittedly modest battles. Now the Redwood Shores-based company has been told to go back to the drawing board with its damages report. Originally Oracle sought $2.6 billion, but its theories were largely dismissed and Judge William Alsup suggested an alternative starting point of roughly $100 million. The company still has an opportunity to present a new report, one that will likely seek much more than the proposed $100 million, but things are looking increasingly tough for the claimant. It wasn’t all good news for Goog, though. While the judge told Oracle to narrow its focus from Android as a whole to just specific infringing features, he did agree that related advertising revenue should be included in the theoretical royalty base. He also offered harsh criticism for what he viewed as its “brazen” disregard for intellectual property rights. The trial is still scheduled for October, so we should have a better idea of how this whole thing will play out by Halloween.

Judge tells Oracle to rethink $2.6 billion claim against Google originally appeared on Engadget on Mon, 25 Jul 2011 03:42:00 EDT. Please see our terms for use of feeds.

Permalink   |  sourceFOSS Patents  | Email this | Comments

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Apple wins permanent injunction against Psystar

Wednesday, December 16th, 2009

psystar2

It is the end of the line for Psystar as U.S. District Judge William Alsup has issued a permanent injunction against the Apple clone maker. The injunction prevents Psystar from pursuing its core hardware business by banning the following:

  • Copying, selling, offering to sell, distributing, or creating derivative works of plaintiff’s copyrighted Mac OS X software without authorization from the copyright holder
  • Intentionally inducing, aiding, assisting, abetting, or encouraging any other person or entity to infringe plaintiff’s copyrighted Mac OS X software;
  • Circumventing any technological measure that effectively controls access to plaintiff’s copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computers
  • Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to plaintiff’s copyrighted Mac OS X software, including, but not limited to, the technological measure used by Apple to prevent unauthorized copying of Mac OS X on non-Apple computer
  • Manufacturing, importing, offering to the public, providing, or otherwise trafficking in any technology, product, service, device, component, or part thereof that is primarily designed or produced for the purpose of circumventing a technological measure that effectively protects the rights held by plaintiff under the Copyright Act with respect to its copyrighted Mac OS X software.

Psystar has until December 31th, 2009 to fully comply with the ruling and must begin the process immediately using a method that provides the fastest route to compliance. Psystar may have to shutter the hardware portion of its business but the legal status of Psystar’s $50 Rebel EFI software remains unclear. In his ruling, Alsup does not cite the Rebel EFI software specifically, claiming that Psystar failed to disclose exactly what the application did. In case Psystar has high hopes of continuing to sell its Rebel EFI software, Alsup issued a  stern warning, ‘What is certain, however, is that until such a motion is brought, Psystar will be selling Rebel EFI at its peril, and risks finding itself in contempt if its new venture falls within the scope of the injunction.” Will this admonishment permanently close the doors on Psystar or will the rebel company stage one last battle?

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