Welcome!

Recurring Revenue Authors: Karthick Viswanathan, Liz McMillan, Yeshim Deniz, Carmen Gonzalez, Elizabeth White

Related Topics: Java IoT, Mobile IoT, Release Management , Recurring Revenue

Java IoT: Article

Google Waves Small White Flag

Google’s trying to get the trial stayed pending a re-examination of all the patents

Google told the court considering whether the Oracle-Google Android suit should be stayed that it's willing to settle.

That's like the next best thing to admitting that it's guilty of infringing the Java patents that now belong to Oracle and could lose the case, something the judge has already sussed out.

Google made the suggestion in a joint filing despite the Patent and Trademark Office's preliminary finding against a couple of the Oracle patents.

Google's trying to get the trial stayed pending a re-examination of all the patents, but is arguing for at least a narrowing of the case "for the sake of efficiency," it said:

"Such a narrowed case will also eliminate the need for those efforts specifically directed at the claims rejected through re-examination, including motion practice, expert reports, and other trial preparation, as well as make it more likely that the parties could reach an informal resolution of the matter." (Emphasis added.)

Florian Mueller, who's following the case wall-to-wall, says that "Google has clearly blinked."

Its statement is "a fundamental departure from the positions it previously articulated in its public filings and its public statements" where "it has so far dismissed Oracle's assertions as if they had no merit whatsoever."

Florian figures maybe discovery ain't going too well for Google and that it's lost confidence in its defense.

Although Google may be prepared to settle and make one or more payments to limit its exposure, Florian thinks the two are "too far apart at this stage because Oracle is too confident of its ability to command a high royalty rate (presumably a high per-unit royalty)."

Recall that Oracle is demanding $2.6 billion in damages but it's unclear if that number is before tripling for willful infringement since Google puts the figure as topping out around $6 billion.

At press time, Florian reported that Oracle had upped its claims to increase the halo effect - a k a "network effect" - of Android on Google's non-mobile business, nosebleed territory.

Since Google has refused when asked nicely, Oracle wants Google compelled to cough up a lot of data on search revenues covering the last seven years.

It argues that the whole premise of Android is to increase Google's search revenues.

Florian muses out loud that it's just the sort of detailed data antitrust regulators might like to see and concludes that Oracle and Google are probably farther apart than they appeared.

After that, a bunch of rather confusing reports by Reuters, Bloomberg and ZDNet came out of a hearing Thursday that seemed to indicate that - among other things - Sun would have liked to have partnered with Google on Android but wanted $100 million in royalties over three years for Java (Bloomberg).

Judge William Alsup seems convinced that Google is violating the Java patents although he seems equally convinced that both their sides are being unreasonable, with Oracle asking too much and Google wanting to pay nothing.

That ain't going to happen, he apparently said, "Google is definitely going to pay up ‘probably in the millions, maybe in the billions.'" (ZDNet)

Reuters heard him warn Google "it could suffer drastic penalties if Oracle is able to prove Google willfully infringed Oracle's patents."

He reportedly "rejected Google's argument that its ad sales should not be included in estimating damages from the Android system." (Reuters) Although Bloomberg heard him reject Oracle's "equation of its damages to the entire market value of Android," ZDNet said he said "advertising revenues are a way to determine Android's value."

Alsup reportedly read a Google e-mail from Google's Android project leader that said they ought to license Java and said to Google, "Don't you think a good lawyer will convince a jury that it's a license for patents?"

Google's position seems to be that Android doesn't use the Java Virtual Machine, just the programming language that's free to all.

ZDNet said, "Oracle really screwed up because it couldn't present exact patents and evidence of infringement upon them, with estimates ranging from seven to 50 to 123. Considering Google kept contradicting itself and Oracle didn't seem as prepared as it should have been, it's not surprising that Judge Alsup didn't offer any resolution on Thursday."

The judge is supposed to issue an opinion soon.

See http://fosspatents.blogspot.com/2011/07/oracle-wants-to-increase-its-26-billion.html.

The trial, by the way, is supposed to start on Halloween, only three months away.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (0)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


@ThingsExpo Stories
"IBM is really all in on blockchain. We take a look at sort of the history of blockchain ledger technologies. It started out with bitcoin, Ethereum, and IBM evaluated these particular blockchain technologies and found they were anonymous and permissionless and that many companies were looking for permissioned blockchain," stated René Bostic, Technical VP of the IBM Cloud Unit in North America, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Conventi...
A strange thing is happening along the way to the Internet of Things, namely far too many devices to work with and manage. It has become clear that we'll need much higher efficiency user experiences that can allow us to more easily and scalably work with the thousands of devices that will soon be in each of our lives. Enter the conversational interface revolution, combining bots we can literally talk with, gesture to, and even direct with our thoughts, with embedded artificial intelligence, whic...
BnkToTheFuture.com is the largest online investment platform for investing in FinTech, Bitcoin and Blockchain companies. We believe the future of finance looks very different from the past and we aim to invest and provide trading opportunities for qualifying investors that want to build a portfolio in the sector in compliance with international financial regulations.
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, provided an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life settle...
Product connectivity goes hand and hand these days with increased use of personal data. New IoT devices are becoming more personalized than ever before. In his session at 22nd Cloud Expo | DXWorld Expo, Nicolas Fierro, CEO of MIMIR Blockchain Solutions, will discuss how in order to protect your data and privacy, IoT applications need to embrace Blockchain technology for a new level of product security never before seen - or needed.
Leading companies, from the Global Fortune 500 to the smallest companies, are adopting hybrid cloud as the path to business advantage. Hybrid cloud depends on cloud services and on-premises infrastructure working in unison. Successful implementations require new levels of data mobility, enabled by an automated and seamless flow across on-premises and cloud resources. In his general session at 21st Cloud Expo, Greg Tevis, an IBM Storage Software Technical Strategist and Customer Solution Architec...
Imagine if you will, a retail floor so densely packed with sensors that they can pick up the movements of insects scurrying across a store aisle. Or a component of a piece of factory equipment so well-instrumented that its digital twin provides resolution down to the micrometer.
When shopping for a new data processing platform for IoT solutions, many development teams want to be able to test-drive options before making a choice. Yet when evaluating an IoT solution, it’s simply not feasible to do so at scale with physical devices. Building a sensor simulator is the next best choice; however, generating a realistic simulation at very high TPS with ease of configurability is a formidable challenge. When dealing with multiple application or transport protocols, you would be...
Nordstrom is transforming the way that they do business and the cloud is the key to enabling speed and hyper personalized customer experiences. In his session at 21st Cloud Expo, Ken Schow, VP of Engineering at Nordstrom, discussed some of the key learnings and common pitfalls of large enterprises moving to the cloud. This includes strategies around choosing a cloud provider(s), architecture, and lessons learned. In addition, he covered some of the best practices for structured team migration an...
In his session at 21st Cloud Expo, Raju Shreewastava, founder of Big Data Trunk, provided a fun and simple way to introduce Machine Leaning to anyone and everyone. He solved a machine learning problem and demonstrated an easy way to be able to do machine learning without even coding. Raju Shreewastava is the founder of Big Data Trunk (www.BigDataTrunk.com), a Big Data Training and consulting firm with offices in the United States. He previously led the data warehouse/business intelligence and B...
No hype cycles or predictions of a gazillion things here. IoT is here. You get it. You know your business and have great ideas for a business transformation strategy. What comes next? Time to make it happen. In his session at @ThingsExpo, Jay Mason, an Associate Partner of Analytics, IoT & Cybersecurity at M&S Consulting, presented a step-by-step plan to develop your technology implementation strategy. He also discussed the evaluation of communication standards and IoT messaging protocols, data...
Smart cities have the potential to change our lives at so many levels for citizens: less pollution, reduced parking obstacles, better health, education and more energy savings. Real-time data streaming and the Internet of Things (IoT) possess the power to turn this vision into a reality. However, most organizations today are building their data infrastructure to focus solely on addressing immediate business needs vs. a platform capable of quickly adapting emerging technologies to address future ...
Coca-Cola’s Google powered digital signage system lays the groundwork for a more valuable connection between Coke and its customers. Digital signs pair software with high-resolution displays so that a message can be changed instantly based on what the operator wants to communicate or sell. In their Day 3 Keynote at 21st Cloud Expo, Greg Chambers, Global Group Director, Digital Innovation, Coca-Cola, and Vidya Nagarajan, a Senior Product Manager at Google, discussed how from store operations and ...
We are given a desktop platform with Java 8 or Java 9 installed and seek to find a way to deploy high-performance Java applications that use Java 3D and/or Jogl without having to run an installer. We are subject to the constraint that the applications be signed and deployed so that they can be run in a trusted environment (i.e., outside of the sandbox). Further, we seek to do this in a way that does not depend on bundling a JRE with our applications, as this makes downloads and installations rat...
Widespread fragmentation is stalling the growth of the IIoT and making it difficult for partners to work together. The number of software platforms, apps, hardware and connectivity standards is creating paralysis among businesses that are afraid of being locked into a solution. EdgeX Foundry is unifying the community around a common IoT edge framework and an ecosystem of interoperable components.
DX World EXPO, LLC, a Lighthouse Point, Florida-based startup trade show producer and the creator of "DXWorldEXPO® - Digital Transformation Conference & Expo" has announced its executive management team. The team is headed by Levent Selamoglu, who has been named CEO. "Now is the time for a truly global DX event, to bring together the leading minds from the technology world in a conversation about Digital Transformation," he said in making the announcement.
In this strange new world where more and more power is drawn from business technology, companies are effectively straddling two paths on the road to innovation and transformation into digital enterprises. The first path is the heritage trail – with “legacy” technology forming the background. Here, extant technologies are transformed by core IT teams to provide more API-driven approaches. Legacy systems can restrict companies that are transitioning into digital enterprises. To truly become a lead...
Digital Transformation (DX) is not a "one-size-fits all" strategy. Each organization needs to develop its own unique, long-term DX plan. It must do so by realizing that we now live in a data-driven age, and that technologies such as Cloud Computing, Big Data, the IoT, Cognitive Computing, and Blockchain are only tools. In her general session at 21st Cloud Expo, Rebecca Wanta explained how the strategy must focus on DX and include a commitment from top management to create great IT jobs, monitor ...
"Cloud Academy is an enterprise training platform for the cloud, specifically public clouds. We offer guided learning experiences on AWS, Azure, Google Cloud and all the surrounding methodologies and technologies that you need to know and your teams need to know in order to leverage the full benefits of the cloud," explained Alex Brower, VP of Marketing at Cloud Academy, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clar...
The IoT Will Grow: In what might be the most obvious prediction of the decade, the IoT will continue to expand next year, with more and more devices coming online every single day. What isn’t so obvious about this prediction: where that growth will occur. The retail, healthcare, and industrial/supply chain industries will likely see the greatest growth. Forrester Research has predicted the IoT will become “the backbone” of customer value as it continues to grow. It is no surprise that retail is ...