http://www.groklaw.net/article.php?story=20120904211545683
Oracle will have to pay Google $1,130,350 in costs for its swashbuckling lawsuit against Google, which it lost big time. As the judge puts it: Google was the prevailing party in this action. Oracle initially sought six billion dollars in damages and injunctive relief but recovered nothing after nearly two years of litigation and six weeks of trial. Instead of getting $6 billion, it gets nothing and in addition has to pay over a million in Google's costs. The judge positively sneers at Oracle's argument that they shouldn't have to pay any costs because Oracle brought the case on a matter of great national importance: Oracle initially alleged infringement of seven patents and 132 claims but each claim ultimately was either dismissed with prejudice or found to be non-infringed by the jury. Oracle also lost on its primary copyright claim for Java APIs.... While it is true that a copyright issue presented, copyrightability of APIs, was of great importance to the computer industry, this is not enough to deny costs. The media attention following this case was due in large part because Oracle crafted broad, and ultimately overreaching, claims of copyright infringement. A close follower of this case will know that Oracle did not place great importance on its copyright claims until after its asserted patents started disappearing upon PTO reexamination (indeed, Oracle’s first damages report barely mentioned copyright claims). Oracle did not bring its API copyright claim for the benefit of addressing “a landmark issue of national importance,” but instead fell back on an overreaching (albeit somewhat novel) theory of copyright infringement for its own financial interests late in litigation. On these facts, Oracle has failed to overcome the presumption of awarding costs to Google. Ouch. If a judge told me my lawyers "crafted overreaching claims", I think I'd get a new lawyer. On the other hand, Google had asked for $4,030,669, but the judge cut it back, denying the part that was for the work done by the ediscovery vendor. Truthfully, I've never seen a bill of costs that was not cut back, but the bottom line is, Oracle has to pay for bringing this stupid lawsuit about APIs. The judge also puts a period on his "show me your shills" adventure. Judge Alsup, as expected, has also denied Google's motion for judgment as a matter of law, or in the alternative for a new trial, which Google itself said it filed mostly to preserve its appeal rights. And in that order, the judge writes this: The Court takes this opportunity to state that it will take no further action regarding the subject of payments by the litigants to commentators and journalists and reassures both sides that no commentary has in any way influenced the Court’s orders and ruling herein save and except for any treatise or article expressly cited in an order or ruling. So, after thinking about this all day, here's what I think it means. I think it is significant that he mentions this in connection with Google's request for a new trial or JMOL. That is the context of the judge's request for a list of any paid bloggers or commenters on the trial. I infer therefore that somebody put an ugly bee in his bonnet, and now he has learned that it was false. And ugly. That's the thing about smear campaigns. A lot of people will believe there must be something to them, even when there isn't a wisp of truth to the smears. Google is the target of a smear campaign, without a doubt in my mind. And the funny part is the judge is saying that it didn't influence him at all. That makes me smile. -- "Indonesian Android Community" Join: http://forum.android.or.id =============== Download Aplikasi Kompas versi Digital dan Keren https://play.google.com/store/apps/details?id=com.kompas.android.kec -------------------------- Download Aplikasi AR "MONSTAR" dari Indosat https://play.google.com/store/apps/details?id=com.ar.monstarunity --------------------- Sale Gadget Android paling heboh hanya di Multiply! Klik http://bit.ly/mpgaiddro --------------------- GSM-AKU http://www.gsmaku.com - BEC Bandung E-mail: syaf...@gsmaku.com Hp: 0881-1515151 --------------------- EceranShop http://eceranshop.com - BEC Bandung E-mail: wi...@eceranshop.com Hp: 0815-56599888 =============== Aturan Umum, Beli dan Jualan/Kloteran ID-Android http://goo.gl/MpVq8
