Sun Was Close to Licensing Java Patents to Google for $28M

Google and Sun Microsystems' discussions to co-develop Android ultimately broke down because of disagreements over ascendancy of the platform, Google wrote in a trial brief late last week related to to its dispute with Vaticinator.

The document contains a number of details virtually the development of Android, including that data Sunlight at one time was near agreeing to license 2,000 Java patents to Google for US$28 meg complete deuce-ac years. Oracle bought Sun sunset year and then filed a suit charging Google with infringing Sun's Java patents and copyright in Android. Google denies wrongdoing.

Although portions of the document are redacted, it says that both Oracle and Sun considered making their own Java phones, which would have competed with Mechanical man.

The document also shows that Google was banking happening Sun existence unlikely to sue, due to the company's expressed policy of declaratory patents entirely for defensive reasons.

Google previously said that it rejected a $100 million offer from Sun to license Java patents.

Simply it at once said the companies were close to agreeing on a little figure around a partnership deal to in concert prepare the mobile platform, "realize profits from that platform every bit each of them power saw jibe," and cross license intellectual property. That deal would give birth given Sun "the right to function sound Google IP," Google said.

Google insists that the payment wasn't just a licensing deal. "By the end of Apr 2006, though other footing of their partnership remained unsettled, Sunlight had agreed to accept a defrayment from Google of $28 million over 3 years to compensate Sun for the risk of lost licensing revenue that might resultant from an open reference Mechanical man platform," Google wrote.

"At that orient, negotiations broke down over issues misrelated to money," it continuing. "Both Google and Sun wanted greater control over Android's development, with Google wanting to establish the political program Thomas More open and Sun deficient restrictions that Google viewed as incompatible with open origin."

Google went on to fence that because Sun didn't later quest for Google for patent infringement, Google didn't know it was infringing and thus didn't do so willfully. In repeatedly referring to Sun's policy of not following patent infringers, Google appears to spinal column up many critics who sustain suggested that the hunt gargantuan knew it was infringing patents but counted connected Sun not to pursue it.

"Sun had a long-standing, publically proclaimed policy of using its patents only defensively," Google wrote in unmatchable instance.

The disputation that Google didn't know information technology infringed patents could be a difficult one if a hotly contested email is allowed at the trial. The email, written by Google engineer Tim Lindholm, advised Android's chief that he had investigated technical alternatives to Java but concluded that the company needed to negotiate a license for Java. Google has been trying to prevent the email from being displayed to jurors.

Google likewise revealed that both Seer and Sun worked happening developing their own unsettled telephone set software.

"Only when Oracle concluded it lacked engineering skills to build its own 'java phone' did it choose Plan B — this cause," Google wrote. More details almost Oracle's plans for a phone May be included in the little, but if so, they'ray blacked out.

Google also implied that Sun decided to try to body-build its personal mobile OS after negotiations between the companies broke down. "Sun was forced to abandon its project for a Java based smartphone software program stack in the wake of Humanoid's launch, realizing that thither was no way to compete with a unfixed merchandise," Google wrote.

Google also said that no sinning code remains in the next version of Mechanical man, payable to beryllium launched on Wednesday. "Only nine lines of allegedly copied code was even enabled connected Android devices and all the allegedly copied code has either already been removed or hors de combat operating room will be far from the at hand next release of the Android software," it wrote.

Oracle's trial brief doesn't include often new information, but argues stridently that Google was very aware it was infringing the patents, especially because it had hired over 100 former Sun employees, including four inventors of the asserted patents. "With this overlarge and knowledgeable cast of former Sun personnel in its employ, Google cannot abnegate that it was aware of Sun's Java intellectual property portfolio and licensing practices," Oracle wrote.

The trial is relieve solidification for Oct. 31, but the underestimate has advised that it's likely to be postponed expected to a programming conflict in the court elbow room.

Nancy Gohring covers mobile phones and cloud computing for The IDG Newsworthiness Service. Follow Nancy on Twitter at @idgnancy. Nancy's e-ring armor treat is Nancy_Gohring@idg.com

Source: https://www.pcworld.com/article/477446/sun_was_close_to_licensing_java_patents_to_google_for_28m.html

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