Thursday, October 4, 2012

Google oracle CEO common to appear in court ... - Raw Business Law

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Beijing time on September 19 evening news, Google CEO Larry o Page (brief benchwarmer) and oracle CEO Larry Ellison o (Ellison) will be on a benchwarmer on Monday local time, also in SAN jose, California, United States district court to resolve the long-term threat Google Android operating system survival patents. At present, the Android operating system has set up a file in the 150 million Taiwan mobile equipment in use.

In the patent problems up to a year of debate, should the United States where the requirements of SAN jose California court, page and ellison will both be appear in court. Previously, oracle Sue Google about Android operating system infringes the company?s intellectual property rights. If the two sides can in the judge?s mediation to achieve reconciliation, that means that Google will avoid the jury decided whether to pay oracle to the risk of patent fee.

Located in Washington, specially dealing with intellectual property rights lawsuit Westerman law firm Hattori Daniels and Adrian LLP attorney Scott o Daniels (Daniels, said Google st1) and the patent war like oracle tension between Russia and the United States of the cold war, the best way is to emulate Ronald Reagan and mikhail gorbachev, that two companies CEO sat down to negotiate.

Now oracle is already more than a paper litigation to Google Android operating system apple threat level, although apple and Android equipment manufacturers in the patent wars have achieved good preliminary. In reconciliation talks, page will try to avoid patent fee paid to oracle. According to Citigroup (Citigroup analyst estimates, each machine Android devices can be as high as $15 patent fee. This number may lead to Android operating system promotion speed decreases.

And the case of the other party, oracle CEO ellison also face huge profit pressure. In 2010, oracle Microsystems acquisition from, and receive and Java about intellectual property. In June this year, according to a report of the current hardware equipment sales decline oracle. This also triggering questioned ellison make spent $7.3 billion acquisition of Sun microsystem Microsystems decision is correct.

Strong opponent

The United States based Ticonderoga Securities analyst Neil o Herman (Neil Herman) points out, ellison is definitely a great role. Ellison had after two years of hard work, in 2009 in the americas cup side beat Switzerland?s 0.1 billion millionaire sailing competition swing o ?(Ernesto Bertarelli) inside the tower?s defending champion, west, spirit.

The same is also patent disputes, allison?s a testifies makes the jury returned a verdict of oracle competitor Germany commercial software developer SAP AG to the compensation of $1.3 billion. Although this year in September, a judge overturned the ruling, think indemnity, but oracle is still too high that $1.3 billion compensation for reasonable.

Herman says, ellison is a lawyer in hiring, he experienced a few times also prove its case in legal proceedings with some success experience.

Financial analysis firm Discern Analytics is Paul o gaza for the ephod Saffo) says, (can replace Eric o Schmidt (the Eric Schmidt) become Google CEO, also prove page strength not common.

Gaza eph said, since in 1977 in California annatto beach create since oracle, straightforward ellison has been served as the company?s CEO. And for this April will be officially as Google CEO and then make huge personnel adjustment, promote seven managers as a senior executive, to simplify the company decision-making procedures.

Page, Google already have enough that the patent lawyer to cope with the allegations. Google in August spend $12.5 billion acquisition of Motorola (the Po) mobile (the Motorola Mobility), so to get 17000 patents.

Evenly matched

Gaza eph said, the difference between the two ceos in skills, and lies in age. In general, they both strength evenly matched.

Earlier, allison and page all said the two sides would send the company executives at trial, but has been responsible for the case of the San Francisco district judge William o al SaPu (William Alsup) urged two ceos attend the day?s court trial.

The California SAN jose district judge Paul o gray anwar (Grewal) will monitor both sides for reconciliation talks. On July 22, according to court records, oracle said in the unauthorized use Java technology to oracle caused some 6.1 billion dollars in damage. But the oracle?s expanded gaza said the claim for compensation is wishful thinking.

At the same time, SaPu?s suggestion Google to pay a $100 million patent fees.

Citigroup Global Markets (Citibank Global optimisation techniques of analysts Walter o cannot) at Richard (Walter Pritchard) points out, ellison is not recognized by the judge and compensation for, he may request to use Android products patent license fee to pay. General Richard think oracle to every Android products may charge $5 to $15 a patent license fee. And Nomura Securities (Nomura analyst Richard o Beijing Windsor (Richard Windsor), says that oracle likely to take each charge less than us $1 product patent license fee.

But whether less than $1 or $5, the patent license fee is a huge income. According to page every day, now last month said 550000 sets of electronic product support Android is activated. And according to the market research firm Gartner report to see Android smart phones, is leading software, the second quarter account for 43% of the total amount of the market, the earlier this year increased by 17%.

Industry standard

As the focal point of a patent dispute is Java business software programming standards for the industry, is widely used in network. In 2010, with the purchase from Microsystems, oracle said will be made after the Sun microsystem Microsystems profit level than ever before. Sun microsystem Microsystems fiscal 2008 revenue of the Java software for $220 million.

Oracle said, Google Android depend on the Java technology is Sun microsystem Microsystems.

Android in the legal wrangle is never a failure of the image. In July, the United States International Trade Commission (U.S. International top HTC?s Android mobile phone of the ruling of the patent right infringe the apple related.

Market research company J.G this the old Associates LLC analysts Jack o (Jack goldsmith Gold), oracle said the prosecution to Android will cause greater impact.

Market research firm IDC analysts Will o, fee plus (Will), patent fee Stofega said that mobile phone manufacturers Will consider an alternative to the operating system, but now Google has $39.1 billion cash and short-term bonds, to bear part costs should be a problem.

Market research firm Gartner analyst Ray Valdes (Ray Valdes o) said, if oracle won the victory of the lawsuit, then oracle also shoulds not be too high a patent license fee of extraction, because only Android success, oracle to profitable

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Source: http://rawbusinesslaw.com/2012/10/03/google-oracle-ceo-common-to-appear-in-court-because-of-android-patent-problems-business-4/

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