The judge ruling in the case of Oracle v Google over Android/Linux has given Oracle two chances to get their damages estimate straight to no avail. The judge has ruled that Oracle will be given one more chance, at their expense, “By NOON ON JANUARY 24, 2012, Oracle shall file an unequivocal and unconditional statement advising whether it will take advantage of this third opportunity provided by this order or whether it declines to do so. Please do not negotiate over the conditions or insinuate assumptions into the statement; please file either a clear â€œyesâ€ or a clear â€œno.â€”
Chuckle. The alternative? Oracle can withdraw its claim of patent violation with prejudice. I think that’s “extreme prejudice”…
” If Oracle wishes to voluntarily dismiss any damages claim, it will have to do so with prejudice; otherwise, a dismissal is nothing more than an invitation to piecemeal litigation.”
By being so flexible with Oracle, the judge shuts down almost all avenues of appeal. How the mighty art fallen after claiming $billions in damages but being unable to specify those damages because they are illusory.
The case could soon be about only a few files possibly violating copyright. It’s not looking good for Oracle. If this flops, Android/Linux may go on to new heights of popularity as OEMs fearlessly implement it. Oracle’s attempt at extortion may well become good advertising for Google.