Oracle ’s cerebral - property lawsuit against Google over the Android mobile OS will go to trial on April 16 , according to a judge ’s edict filed Tuesday in U.S. District Court for the Northern District of California .
Jury selection will start on that mean solar day for the trial , which will be conducted in three phase , Judge William Alsup say in his purchase order . The trial should take approximately eight calendar week , Alsup added .
seer sue Google in August 2010 , say that Android was in irreverence of intellectual place Oracle holds on Java , the open - beginning programming language . Google has denied wrongdoing , saying that Android is a “ fresh elbow room ” effectuation of Java that does n’t violate Oracle ’s rights .
Google had ask the U.S. Patent and Trademark Office to re - examine Oracle ’s patents , a manoeuvre that paid off . Oracle withdrew a number of its patent of invention claim after find some adverse rulings from the USPTO . Now only two patents rest in disceptation , along with a bit of Java copyrights .
One overt doubtfulness remains around the scope of potential harm in the face . Also on Tuesday , Alsup issued a opinion that rejected some aspects of an expert ’s third damages study submitted by Oracle , but allowed others .
“ Since a court - appointed independent indemnity expert will show his view to the jury , it ’s quite possible that whatever positions the parties ’ own expert take will bear only limited weightiness , ” patent of invention expert and blogger Florian Mueller said in ablog post Tuesday . “ The court - appointed expert will belike be perceive as a highly credible source , but a very persuasive expert hired by one of the party can still influence the jury ’s thought . ”
The court ’s expert , Brigham Young University economics professor James Kearl , will provide his damage report card to Oracle and Google on Wednesday , Alsup wrote in another filing .
Both side will have until March 23 to depose Kearl , Alsup add .
The party may also file movement gainsay Kearl ’s analysis no later on than March 30 , with oppositions to those motion allowed until April 5 , Alsup wrote .
It ’s not clear whether the causa ’s complexity will impact the ability of either Oracle or Google to argue an effective causa .
Expertshave saidthat both sides should be sure to plumb the depths of what human drama exists in the dispute , lest they fall back the jury ’s attention amid a wash of technical details .
Another monastic order filed Tuesday by Alsup is aimed at mitigate the latter job .
“ Counsel are strongly bucked up to co - produce a thirty - minute tutorial animation with voice and sound to prepare the jury ( and the Court ) on the basics of Java and genus Apis , ” he write . “ Also , please develop a gloss of the top forty term that can be handed out to juror as well as a stipulated timeline of key date , also to be pass on out to jurors . ”