As expected, Google asks for new trial in Oracle case

The company tells the court, according to Foss Patents, that it wants a mistrial and a second chance at resolving the issue of copyrights.

Google has formally filed its request for a new trial in its legal battle with Oracle.

The search giant last night asked Judge William Alsup to order a new trial regarding Oracle's claims that Google is violating copyrights related to its Java API packages.

"Please take notice that pursuant to Fed. R. Civ. P. 591 Defendant Google Inc. ('Google') will, and hereby does, respectfully move for a new trial on Oracle's claim that Google is liable for infringement of Oracle's copyright on the structure, sequence and organization of the compilable code for the 37 Java API packages," the company wrote to the court last night. "This Motion is based on the attached memorandum of points and authorities as well as the entire record in this matter."

According to Foss Patents' Florian Mueller, who was first to report on the news, Google's request was supplemented by a formal proposal to the court asking it to "declare a mistrial" to pave the way for the new court battle.

Not to be outdone, Oracle also filed papers with the court. According to Mueller, who has acknowledged being a paid consultant for Oracle on "competition-related topics, including for one example, FRAND licensing terms," the company requested the court make its own determination on whether Google violated fair use with the 37 Java API packages, among other recommendations.

At the center of the controversy between Google and Oracle is the partial verdict a jury handed down earlier this week . Jurors found that Google infringed the overall structure, sequence, and organization of Java's language, but offered no opinion on the matter of fair use. After the ruling came down, Google immediately called for a mistrial, arguing that the jury should have decided both counts.

Judge Alsup is expected to make a determination on the mistrial question by tomorrow.

 

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