Oracle Asks Court To Update Android Lawsuit

Oracle has asked a US judge to update its long-running lawsuit against Google concerning its Android operating system to take into account the latter’s domination of the smartphone market.

According to Reuters, Oracle now wants to update the copyright lawsuit to add that Google continues its copyright infringement through updated versions of Android in both existing and new markets and this is resulting in harm to Oracle and benefit to Google.

Market developments

“The record of the first trial does not reflect any of these developments in the market, including Google’s dramatically enhanced market position in search engine advertising and the overall financial results from its continuing and expanded infringement,” Oracle reportedly wrote in a letter to case Judge William Alsup.

Google has so far declined to comment on Oracle’ request to the judge.

Oracle is seeking more than $1 billion (£641m) in the case, after Oracle filed the lawsuit back in August 2010. Oracle claimed that Google had infringed its patent and copyright when it used Java to develop the Android OS. Specifically, Oracle alleges that Android infringes a number of Java APIs.

Google had asked the Supreme Court in October last year to overturn a ruling by the US Court of Appeals for the Federal Circuit in Washington, which said Oracle could copyright parts of Java, contrary to an earlier decision by a San Francisco federal judge.

However, the Supreme Court allowed the case to continue, and upheld the appeals court’s ruling that allows Oracle to seek licensing fees for the use of some of the Java language. Google had argued that it should be able to use Java without paying a fee.

Copyright Issues

Android is the world’s most popular mobile operating system, but smartphone manufacturers and Google itself has had to face a number of legal battles regarding patent infringement.

Indeed, Google’s brief acquisition of Motorola for £8 billion was mainly motivated by a desire to gain access to the company’s patent portfolio in order to protect Android from lawsuits.

Microsoft has been particularly aggressive in seeking royalties from Android device makers over the use of its patents, negotiating deals with individual companies, including HTC, LG, Samsung and Dell.

The Windows Phone developer recently sued Samsung for late payment of royalties, with reports suggesting the deal was worth $1 billion a year.

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