Feeds

Google offers Oracle slice of Android profits for patents

Small payment and 0.515% of revenues until 2018

Build a business case: developing custom apps

Google has proposed terms its on-going patent spat with Oracle over Java's contribution to Android by offering Ellison's crew a payment for past infractions and a miniscule slice of further revenues from the operating system, should Google be found to be in violation.

According to court papers (PDF) filed on Tuesday, Google is offering $2.72 million for infringements of Patent RE38104 and 0.5 per cent of future Android revenues. It estimates patent 6061520 is worth just $80,000 and 0.015 of any money gleaned from the operating system. In both cases the amount will be shaved to reflect the number of non-infringing handsets.

The payments will be short-lived in some cases. Google's lawyers point out that patent 6061520 expires in December of this year and Patent RE38104 will cease to be valid in 2018. As an additional inticement, Google will acknowledge the validity of Patent 6061520 and is suggesting cutting the court session from 12 hours to eight, and getting rid of juries to speed thing up, should the case come to trial.

Unsurprisingly Oracle's response was that the amount of damages was inappropriate – it's asking for $4.15 million and it wanted its day in court in front of a jury. It did say it was willing to consider shortening the trial sessions from 12 hours to eight, but insisted on having longer to discuss damages as it had expert testimony that was complex and detailed.

"Google also proposes that the trial be shortened by suggesting that Oracle accept patent damages that are lower than Oracle contends are appropriate, and waiving any right to seek injunctive relief for Google’s patent infringement. Oracle cannot agree to unilaterally give up its rights, on appeal and in this Court, to seek full redress for Google’s unlawful conduct," the papers read.

There's now a last chance to avoid a trial next month with a court-ordered conciliation meeting between Oracle's president Safra Catz and representatives from Google. If those fail then the court will finally begin next month. The latest filing suggest the talks are likely to fail, according to FOSS patent watcher Florian Mueller.

"I don't think Google realistically expected Oracle to accept this proposal," he told The Register. "The two patents that are still being asserted are unlikely to give Oracle the leverage it needs for a settlement on its terms. The copyright part of the case still poses considerable risk to Google." ®

5 things you didn’t know about cloud backup

More from The Register

next story
PEAK LANDFILL: Why tablet gloom is good news for Windows users
Sinofsky's hybrid strategy looks dafter than ever
Leaked Windows Phone 8.1 Update specs tease details of Nokia's next mobes
New screen sizes, dual SIMs, voice over LTE, and more
Fiendishly complex password app extension ships for iOS 8
Just slip it in, won't hurt a bit, 1Password makers urge devs
Mozilla keeps its Beard, hopes anti-gay marriage troubles are now over
Plenty on new CEO's todo list – starting with Firefox's slipping grasp
Apple: We'll unleash OS X Yosemite beta on the MASSES on 24 July
Starting today, regular fanbois will be guinea pigs, it tells Reg
Another day, another Firefox: Version 31 is upon us ALREADY
Web devs, Mozilla really wants you to like this one
Secure microkernel that uses maths to be 'bug free' goes open source
Hacker-repelling, drone-protecting code will soon be yours to tweak as you see fit
Cloudy CoreOS Linux distro declares itself production-ready
Lightweight, container-happy Linux gets first Stable release
prev story

Whitepapers

7 Elements of Radically Simple OS Migration
Avoid the typical headaches of OS migration during your next project by learning about 7 elements of radically simple OS migration.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Solving today's distributed Big Data backup challenges
Enable IT efficiency and allow a firm to access and reuse corporate information for competitive advantage, ultimately changing business outcomes.
A new approach to endpoint data protection
What is the best way to ensure comprehensive visibility, management, and control of information on both company-owned and employee-owned devices?