Oracle v. Google


  • Case Number: 3:10-cv-03561

Status: A jury trial was held, concluding in a finding of no-infringement. Oracle has appealed the ruling to the Court of Appeals for the Federal Circuit, CAFC Docket 1211. The disposition of this appeal is pending.

Summary: Oracle sued Google for patent infringement, claiming the Android operating system infringes seven patents that Oracle acquired from Sun Microsystems necessary for running Java. The parties and court divided this case into three phases: 1) copyright claims; 2) patent infringement; and 3) damages if the jury holds in favor of Oracle. The jury ultimately determined that Google did not infringe upon Oracle’s patents. Oracle was victorious in certain related copyright claims.

Timeline of Important Events:

  • August 12, 2010 – Oracle files Complaint against Google for patent infringement on seven patents related to the Java and Android operating systems, and copyright infringement (Filing #1). Oracle requests a permanent injunction and treble damages.
  • October 4, 2010 – Google files Answer and Counterclaim. Google’s Counterclaim explains its commitment to the Android Open Source Project (AOSP), and explains that Java is just one of many code options available to Open Source participants (Filing #32). Google further argues that it does not infringe any valid and enforceable claim of any Oracle patent. Google’s Counterclaim is for declaratory judgment that each of Oracle’s patents is invalid, and furthermore that Google does not infringe upon these patents.
  • October 4, 2010 – Google files Motion to Dismiss (Filing #33).
  • October 26, 2010 – Oracle files Motion to Dismiss Google’s Counterclaim (Filing #35).
  • October 27, 2010 – Oracle files Amended Complaint (Filing #36).
  • November 10, 2010 – Google files Answer to Amended Complaint and Counterclaim (Filing #51).
  • November 29, 2010 – Oracle files Answer to Google’s Counterclaim from Filing #51 (Filing #60).
  • May 3, 2011 – The court orders a scheduling for a narrowing of issues. The narrowing will occur in stages, with Oracle first limiting its case to 40 asserted claims after claim construction. Google will then narrow its invalidity case to 120 prior art references. Similar reductions will occur following expert disclosures and summary judgment, ultimately leaving three asserted patent claims by Oracle and eight prior art references for Google’s invalidity contentions.
  • October 14, 2011 – Google files Trial Brief (Filing #534).
  • October 14, 2011 – Oracle files Trial Brief (Filing #536).
  • April 30, 2012 – Judge Alsup issues Notice on Final Charge to the Jury and Special Verdict Form (Filing #1018) (relating to copyright claims).
  • May 7, 2012 – Jury Returns Special Verdict Form for phase 1, copyright claims (Filing #1089).
  • May 14, 2012 – Judge Alsup issues Jury Instructions for phase 2, patent infringement (Filing #1141).
  • May 23, 2012 – Jury returns Verdict on phase 2 patent infringement claims, finding that Oracle has failed to prove by a preponderance of the evidence that Google infringed upon patents RE38,104 and 6,061,520 (Filing #1190).
  • June 20, 2012 – Judge Alsup issues Final Judgment (Filing #1211). The court grants rules in favor of Google with respect to the patents RE38,104 and 6,061,520, finding that the Counterclaims asserted have been abandoned.
  • August 7, 2012 – Judge Alsup orders that both parties supply the court with a list of financial relationships with commentators in the case (Filing #1229).
  • October 3, 2012 – Oracle files notice of appeal (Filing #1243).
  • October 4, 2012 – Google files notice of appeal (Filing #1245).