SAN FRANCISCO, July 21 (Reuters) - Both Oracle Corp and
Google Inc have taken unreasonable positions on the scale of
damages involved in a high stakes patent battle over the
Android operating system, a U.S. judge said in court.
"You're both asking for the moon and you should be more
reasonable," U.S. District Judge William Alsup said in a testy
hearing on Thursday.
Oracle sued Google last year, claiming the Web search
company's Android mobile operating technology infringes
Oracle's Java patents. Oracle bought the Java programming
language through its acquisition of Sun Microsystems in 2010.
The case is part of a wider web of litigation among phone
makers and software firms over who owns the patents used in
smartphones and tablets, as rivals aggressively rush into a
market in which Apple jump-started with iPhone and iPad.
In a separate order on Thursday, U.S. Magistrate Judge
Donna Ryu granted Oracle's request to question Google Chief
Executive Larry Page under oath.
Google casts Oracle's damages calculations as between $1.4
and $6.1 billion and asked Alsup to disallow Oracle's
estimates.
At a hearing on Thursday in a San Francisco federal
courtroom, Alsup sharply questioned Oracle attorney Steven
Holtzman about Oracle's damages estimate, noting the expert who
crafted it was paid $700 an hour by Oracle and came up with a
figure topping $6 billion.
Google maintains that Oracle deserves no damages.
"Zero is ridiculous," said Alsup, who rejected Google's
argument that its ad sales should not be included in estimating
damages from the Android system.
"They're totally wrong on that," Alsup said.
The judge did not rule from the bench on Thursday, but said
he would issue an opinion "soon."
At one point, Holtzman directed Alsup to an internal email
sent to Google Android chief Andy Rubin from a Google engineer.
Under the direction of Google co-founders Page and Sergey
Brin, Google engineers explored alternatives to using Java
technology, but ultimately concluded they "all suck," the email
said.
Google should license Java technology, according to the
email, which Alsup read aloud in court.
Google attorney Robert Van Nest responded that the email
was sent after Oracle had threatened Google with litigation
last year -- not when Android was first launched in 2007.
Alsup warned Google it could suffer drastic penalties if
Oracle is able to prove Google willfully infringed Oracle's
patents.
A Google spokesman declined to comment.
At one point, the judge expressed frustration when Holtzman
appeared hesitant to discuss certain details of the case openly
in court.
"This is public proceeding. You lawyers and companies are
not going to handcuff the court," Alsup said, adding: "This is
not a wholly owned subsidiary of Oracle Corp."
An Oracle spokeswoman declined to comment.
Oracle will be allowed to depose Page for two hours, wrote
Ryu, the magistrate. Google is also planning to take Oracle
Chief Executive Larry Ellison's deposition.
The case in U.S. District Court, Northern District of
California, is Oracle America, Inc v. Google Inc, 10-3561.
For Oracle: Michael Jacobs, Marc Peters and Daniel Muino of
Morrison & Foerster; David Boies and Steven Holtzman of Boies,
Schiller & Flexner.
For Google: Robert Van Nest, Christa Anderson, Daniel
Purcell, Scott Weingaertner, Robert Perry and Bruce Baber of
Keker & Van Nest; Donald Zimmer and Cheryl Sabnis of King &
Spaulding; Ian Ballon and Heather Meeker of Greenberg Traurig.
(Reporting by Dan Levine)