Oracle Claims Google Infringed Java Patents

Oracle claims that Google’s Android operating system infringed seven patents held by Sun, which Oracle bought in 2009. Google was aware that it was violating patent law, because it has hired former Sun Java engineers, the complaint alleges. Oracle seeks an injunction against Google’s use of its patents, damages, and the destruction of all devices infringing the patent. Oracle attorneys did not respond to inquiries for comment. The case was filed in the U.S. District Court for the Northern District of California.

The complaint could be the start of a long battle, said California intellectual property lawyer Chris Castle. “There’s always a concern when you hire people from another company who had access to proprietary information that relates to their new job,” said Castle. “Google is a sophisticated player and surely took precautions. On the other hand, I was as surprised as anyone that the lawsuit was filed, if all Google had to do was hold up a copy of its Java license. It doesn’t look like there is one based on reading the complaint."

"When you see Google getting sued by big companies like Oracle and Viacom over fundamental rights issues, you have to wonder if the company is just making mistakes or if they are including litigation and potential damages as a cost of doing business,” Castle said. “These lawsuits are not disputes over the payment of money or breach of contract or even product liability, these are fundamental rights issues the both sides seem likely to litigate to the end. These are sophisticated business people, they don’t need to file a lawsuit to get someone’s attention. They file because they intend to win and win big."

The suit could drag on years, said law Professor Roger Schechter of George Washington University. “It is a long, long, long road before you get any decision out of a judge,” he said. The appeals process would follow, and even if Oracle won, Google could ask for a stay. Settling may be less expensive, he said. Oracle will probably ask for a preliminary injunction halting sales of the lucrative Android, he said, though a decision would be months away. “Litigation is always perilous, and this is a huge deal for Google,” said Schechter. “It is essentially half their business. Generally, prudent companies decide if they can come to a deal, they would rather settle than fight.”

Short term, Android sales won’t be greatly affected, said Schechter. But they might be in the future, he said. “If I was a cellphone maker, I'm not sure I would put Android in it,” he said. The bigger short-term concern will be among the writers who sling Java code, he predicted. “If I were a developer, I would be pretty nervous,” he said. “Software developers with stuff in the pipeline will say screw it, I'm not going to invest any more in this.”