Oracle is attempting to bar Google from claiming SUN permitted use of Java in Android/Linux:
Oracle: “Google has asserted a license defense in this case, claiming that its use of the patents-in-suit was licensed. Google has also asserted defenses of implied license and equitable estoppel. Oracle propounded interrogatories seeking Googleâ€™s legal and factual bases for these defenses, but Googleâ€™s responses failed to provide bases for all elements. Among other things, Google did not identify a license to support its license defense, and did not disclose any evidence of actual or reasonable reliance in support of its implied license and estoppel defenses.
In particular, Google did not claim in its interrogatory responses that it was aware of, much less relied on, any statement by Jonathan Schwartz that purportedly excused Googleâ€™s use of Java API specifications and patents. Accordingly, Google should not be allowed to offer into evidence TX 2260 (Nov. 5, 2007 blog post by Jonathan Schwartz) or any other evidence not disclosed in its interrogatory responses. Indeed, on March 28, 2012, the Court asked Google counsel whether â€œsomebody from Google going to testify they saw [Mr. Schwartzâ€™s statement] and relied on it?â€ Counsel for Google was unable to identify any Google witness who will do so. (Mar. 28, 2012 Tr. at 91:21-92:5). Google has never identified any witness who will do so.”
Chuckle. Public statements by Jonathan Schwartz, then CEO of SUN are not good enough… HAHAHAHA ROFL. Judge Alsup will hit that one out of the park… Google’s reply gives him several bats… The judge is quoted by one of Groklaw’s reporters thusly during the preliminaries today:
“Judge Alsup to Oracle: If you try to throw around big numbers in front of the jury just to inflate damages, you are doing so at your own risk; “there is no proof that Java is worth $7.4B. I am suspicious of your motives.”” This judge is warmed up and wide-awake.
Stay tuned for more entertainment by The Ellison Dance Troop.