Judge Moves To Axe Phase 3 Of Google V Oracle

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The judge presiding over the Oracle V Google case believes the damages Google will have to pay Oracle doesn’t warrant a third phase.

Justice William Alsup believes the financial compensation Google owes Oracle has dwindled down so much that it doesn’t warrant a third phase of proceedings: “You ought to find a way to streamline the trial,” he told Google and Oracle lawyers.

In 2010, Oracle acquired the company that developed the Java programming language, Sun Microsystems. Following the acquisition Oracle sued Google, alleging their new version of the Java platform used in its Android operating system infringes upon Sun patents and copyright.

The trial commenced on April 16th and was broken down into three phases: the first addressed copyright claims; the second, patents; and the third is dedicated to determining damages.

The second phase of the legal quagmire resulted in a partial verdict. The jury found Google’s use of Java did infringe Sun patents, but failed to identify if their application constituted fair use. As there is no ruling on fair use, Oracle can’t claim additional infringements.

Google and Judge Alsup believe damages for the case no longer merit a dedicated third phase as the figure has dwindled, with Alsup expressing interest in determining damages himself. However, Wired reports Alsup won’t be in a position to do so until Google files a motion.

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