Oracle seeking $2.6bn from Google over Java infringements in Android

Firm touts findings from intellectual property expert in face of Google scrutiny

Oracle has announced that it is seeking up to $2.6bn in damages from Google over alleged infringements of its Java technology in the Android operating system, and dismissed Google's claims about the basis for this figure.

The amount is based on research by intellectual property expert Iain Cockburn from the Boston University School of Management, carried out on behalf of Oracle. Google wants the data set aside on the basis that it is unreliable.

"Oracle's 'methodology' for calculating damages is based on fundamental legal errors and improperly inflates their estimates," Google said earlier this month.

However, Oracle hit back at this stance in the latest documents filed on Tuesday, claiming that Google is willfully choosing to misinterpret the initial report and is exaggerating the figure Oracle is seeking.

"Google's motion rests on mischaracterisations of Cockburn's methodology, factual disputes, and erroneous statements of the law," Oracle said in the filing.

"Google falsely claims that Professor Cockburn concludes that Oracle is owed anywhere from $1.4bn to $6.1bn in damages. He does not. His opinion is that the total damages that should be awarded to Oracle is $2.6bn."

V3.co.uk contacted Google for comment but had received no reply at the time of publication.

Oracle alleges that Google knowingly infringed on Sun Microsystem's intellectual property, which Oracle bought in April 2009 for $5.1bn, after it failed to agree on a licensing arrangement.

"Google repeatedly rejected the reasonable licensing terms that Sun offered and ultimately chose to willfully infringe Oracle's intellectual property and release the Java-based Android platform," the filing said.

"Google did so because it was unwilling to accept the terms that Sun proposed, which would have obliged Google to pay upfront royalties and an additional royalty expressed as a percentage of Android-based advertising revenues."

The two firms have been involved in the legal battle since August 2010. The situation is indicative of the numerous spats in the lucrative smartphone market as companies battle for control.

Most notably, Apple recently agreed to pay Nokia a hefty one-off payment and future royalties for the use of the patents in its iPhone and iPad products, giving Nokia a much needed cash injection.