Out-Law News 1 min. read

Oracle sues Google over Java patent claims


Oracle has sued Google, claiming that the company's Android mobile phone operating system violates patents in Java, a technology the database giant acquired when it bought Java inventor Sun Microsystems earlier this year.

Oracle's case, filed in the Northern District of California, claims that Google's Android operating system (OS) for mobile phones infringes seven patents owned by Oracle and related to its Java technology.

"Google’s Android competes with Oracle America’s Java as an operating system software platform for cellular telephones and other mobile devices," said the complaint. "The Android operating system software 'stack' consists of Java applications running on a Java-based object-oriented application framework, and core libraries running on a 'Dalvik' virtual machine (VM) that features just-in-time (JIT) compilation."

"Android (including without limitation the Dalvik VM and the Android software development kit) and devices that operate Android infringe one or more claims of each of United States Patents Nos. 6,125,447; 6,192,476; 5,966,702; 7,426,720; RE38,104; 6,910,205; and 6,061,520," it said.

Java is a technology that allows programmers to write computer code that will run in many computing environments. "The Java platform is especially useful in that it insulates applications from dependencies on particular processors or operating systems," the suit said.

"Google has purposefully, actively, and voluntarily distributed Android and related applications, devices, platforms, and services," it said. "Google has thus committed acts of patent infringement."

The suit calls for the impounding of anything containing any infringing software. If Oracle's claims are correct this could include millions of phones and other devices. It also calls for a trebling of any awarded damages.

"[Oracle seeks a] trebling of damages ... in view of the willful and deliberate nature of Google’s infringement of the patents at issue in this litigation," the suit said.

The Android OS has been a runaway success as alternative devices to Apple's iPhone gain significant market share.

"In developing Android, Google knowingly, directly and repeatedly infringed Oracle’s Java-related intellectual property," Oracle Karen Tillman said in a statement quoted widely in the press. "This lawsuit seeks appropriate remedies for their infringement."

Google has described Oracle's lawsuit as "baseless".

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