Washington: As the US jury found on Monday that Google had breached some of Oracle’s copyright on Java code used in its Android operating system, Now the search company has brought a formal motion last night to start a new trial regarding the alleged API infringement.
Near-simultaneously, Oracle filed its response to procedural questions the judge had asked.
The parties have yet to comment on each other’s position. In particular, Oracle’s answer to the court’s question focused on the issue of disgorgement of copyright infringer’s profits with respect to the nine-line rangeCheck function (which is important mostly because it affects the procedural course of action with a view to the “fair use” question the jury couldn’t decide) and devoted little more than one page to the question of how to deal with the jury’s failure to reach a verdict on Google’s fair use defense.
According to Foss Patient, Oracle’s response to Google’s motion will presumably be far more elaborate. Still, it’s now clear which course of action each party prefers: Google insists on a new trial on Question 1 of the copyright trial (so that the infringement question, on which Google lost, gets revisited) while Oracle has a preference for finding a way to make use of the partial jury verdict to the full extent and have the court resolve the “fair use” issue.
Oracle claims Google breached its copyrights to the Java programming language in developing Android that now powers more than 300 million smartphones and tablet computers.
But Google chief executive Larry Page told the jury last month that the company “did nothing wrong” and it had been careful about what it did and didn’t use to ensure it respected intellectual property rights.
The next stage of the trial will involve Oracle’s allegations that Android violates two Java patents.