SAN FRANCISCO, May 31 (Reuters) - A federal judge dismissed
Oracle Corp's copyright claims against Google Inc for parts of
the Java programming language, knocking out Oracle's prime
vehicle for damages in a high stakes legal battle over
smartphones.
The ruling on Thursday from a San Francisco federal judge is
the latest blow to Oracle in its lawsuit against Google. It is
one of several intellectual property cases between tech giants
over smartphones and tablets using Google's Android operating
system.
Apple is scheduled for trial in U.S. courts against Google's
Motorola Mobility unit in June, and against Samsung in July.
However, Oracle's lawsuit against Google, filed in 2010, was the
first in the smartphone wars to go before a jury.
The case examined whether computer language that connects
programs and operating systems - known as application
programming interfaces, or APIs - can be copyrighted. In a trial
that began last month, Oracle claimed Google's Android tramples
on its rights to the structure of 37 Java APIs.
Google argued it did not violate Oracle's patents and that
Oracle cannot copyright APIs for Java, an open-source or
publicly available software language. Android is the
best-selling smartphone operating system around the world.
Oracle sought roughly $1 billion on its copyright claims,
but the jury deadlocked on a key copyright issue. They then
found that Google did not infringe two of Oracle's patents,
which ended the trial last week before damages could be
considered.
Meanwhile, U.S. District Judge William Alsup had deferred a
legal ruling on the ability to copyright 37 Java APIs until
after the trial.
His ruling on Thursday likely eliminates the ability of
Oracle to seek an immediate retrial against Google in San
Francisco federal court.
Oracle spokeswoman Deborah Hellinger said the company will
"vigorously appeal" Alsup's order. "This ruling, if permitted to
stand, would undermine the protection for innovation and
invention in the United States," Hellinger wrote in an email.
Alsup's written order does not address whether all Java APIs
are free to use without a license - or whether the structure of
any computer program may be stolen.
"Rather, it holds on the specific facts of this case, the
particular elements replicated by Google were free for all to
use," Alsup wrote.
Google spokesman Jim Prosser said the decision upholds the
principle that open computer languages are essential for
software development.
"It's a good day for collaboration and innovation," Prosser
said.
The case in U.S. District Court, Northern District of
California, is Oracle America, Inc v. Google Inc, 10-3561.
For Oracle: Alanna Rutherford of Boies, Schiller, Flexner.
For Google: Donald Zimmer of King & Spalding.
(Reporting by Dan Levine)
Follow us on Twitter @ReutersLegal | Like us on Facebook