The trial between Oracle and Google over the use Java software within the Android platform began in California yesterday with the selection of the jury that will hear the dispute between the two technology giants.
The two companies have been disputing the issue for over a year, with Oracle claiming Google wilfully refused to seek out a licensing deal over the use of the technology, which it acquired in its $7.4 billion purchase of Sun Microsystems.
"Oracle will prove at trial that Google deliberately chose to base its Android software platform on Java technology, seeking to develop and deploy Android rapidly and to capitalise on the large community of Java software developers," it said in its court filing last year.
"Google's documents confirm Google knew it needed a licence to do so, and when it could not get one on the terms it wanted, [...] Google chose to take its chances and push forward with Java, helping itself to Oracle's intellectual property without a licence."
Ahead of opening statements, Oracle released a link to a 91-page slide deck outlining its case against Android, in which Oracle said it will prove that:
- Google decided to copy Oracle's Java intellectual property for Android.
- Google did so to leverage Java technology and developer community.
- Google knew it needed a license to use that intellectual property.
- Google took no license.
- Google profits immensely.
- Google is liable for infringement.
Google argued that no license was required for the parts of Java used to write the source code for Android and that Google had the full support of Sun Microsystems, PCWorld reported.
Initially Oracle had requested damages in the billions, but this was later reduced and it is likely the firm will seek around $1 billion in damages.
Attempts between the two companies to settle their differences prior to a trial failed, with Oracle rejecting a $3 million offer from Google in March.
A defeat for Google could have a huge effect on its Android platform, which is already involved in several major lawsuits between rival firms, notably Microsoft, which has secured licensing deals with some of the major vendors using the platform, including Samsung.
Google also moved to purchase Motorola for $12.5 billion in order to shore up its patent portfolio and protect Android in face of the threat of further litigation.