Friday, August 13, 2010

Google makes Larry Ellison pray for judgment

When you try to keep track of who's fighting who, sometimes it gets a little murky. Google has been battling Facebook and Apple for supremacy, but now has another fight on its hands, according to this Oracle release from Thursday.

SOURCE: Oracle Corporation

Aug 12, 2010 19:15 ET
Oracle Files Complaint Against Google for Patent and Copyright Infringement

REDWOOD SHORES, CA--(Marketwire - August 12, 2010) - Oracle (NASDAQ: ORCL) today filed a complaint for patent and copyright infringement against Google, Inc.

"In developing Android, Google knowingly, directly and repeatedly infringed Oracle's Java-related intellectual property. This lawsuit seeks appropriate remedies for their infringement," said Oracle spokesperson Karen Tillman.

About Oracle
Oracle (NASDAQ: ORCL) is the world's most complete, open, and integrated business software and hardware systems company. For more information about Oracle, visit

Oracle and Java are registered trademarks of Oracle Corporation and/or its affiliates. Other names may be trademarks of their respective owners.

Contact Info

Karen Tillman

VentureBeat links to Oracle's 12 page filing in United States District Court. The filing alleges specific infringements by Google of certain patents that were previously obtained by Sun Microsystems (now part of Oracle). Here are some excerpts of Oracle's claims:

17. On September, 26, 2000, United States Patent No. 6,125,447, (“the '447 patent”) entitled “Protection Domains To Provide Security In A Computer System” was duly and legally issued to Sun by the United States Patent and Trademark Office. Oracle America is the owner of the entire right, title, and interest in and to the '447 patent. A true and correct copy of the '447 patent is attached as Exhibit A to this Complaint.

18. Google actively and knowingly has infringed and is infringing the '447 patent with knowledge of Oracle America’s patent rights and without reasonable basis for believing that Google’s conduct is lawful. Google has also induced and contributed to the infringement of the '447 patent by purchasers, licensees, and users of Android, and is continuing to induce and contribute to the infringement of the '447 patent by purchasers, licensees, and users of Android. Google’s acts of infringement have been and continue to be willful, deliberate, and in reckless disregard of Oracle America’s patent rights. Google is thus liable to Oracle America for infringement of the '447 patent pursuant to 35 U.S.C. § 271.

Similar claims are made about several other patents, including:

United States Patent No. 6,192,476, (“the '476 patent”) entitled “Controlling Access To A Resource”

United States Patent No. 5,966,702, (“the '702 patent”) entitled “Method And Apparatus For Preprocessing And Packaging Class Files”

United States Patent No. 7,426,720, (“the '720 patent”) entitled “System And Method For Dynamic Preloading Of Classes Through Memory Space Cloning Of A Master Runtime System Process”

United States Patent No. RE38,104, (“the '104 patent”) entitled “Method And Apparatus For Resolving Data References In Generate Code”

United States Patent No. 6,910,205, (“the '205 patent”) entitled “Interpreting Functions Utilizing A Hybrid Of Virtual And Native Machine Instructions”

United States Patent No. 6,061,520, (“the '520 patent”) entitled “Method And System for Performing Static Initialization”

In addition, Oracle also alleges violation of Java's copyright.

Now I have no real knowledge about the ins and outs of patent and copyright law (I have a passing knowledge of trademark law, but that is not at issue here), and I certainly don't understand the specific technical issues involved. But I do know a little bit about religion, which is why a passage at the end of the complaint is a little fascinating.


WHEREFORE, Oracle America prays for judgment as follows...

Now this is obviously some type of legalese that is commonly used, but I have to admit that the whole idea of Larry Ellison praying for judgment does seem to be a little odd.

But if you want a little more background into the phrase, consult...Google Answers.
blog comments powered by Disqus