Oracle (ORCL) Goes After Google (GOOG)

According to reports today, Oracle (Nasdaq: ORCL) has sued Google, Inc. (Nasdaq: GOOG) regarding patent and copyright infringement. The focus of the case is the use of Java on the Android operating system. Though it was assumed that Google had licensing rights, the two companies apparently never announced a cross-licensing deal.

The injunction would block developers from creating apps for the Android OS, and also cease shipments of Android-enabled phones.

Oracle acquired Sun Microsystems (now known as Oracle America) on January 27, 2010, and with that, took over the licensing for the Java platform. The filing states that Google's Android competes directly with Oracle's Java as an operating system. It continues that "[t]he Android operating system software “stack” consists of Java applications running on a Java-based object-oriented application framework, and core libraries running on a “Dalvik” virtual machine (VM) that features just-in-time (JIT) compilation."

Patents infringed include:

• No. 6,125,447, "Protection Domains To Provide Security In A Computer System;"
  
  
• No. 6,192,476, "Controlling Access To A Resource;"
  
  
• No. 5,966,702, "Method And Apparatus For Preprocessing And Packaging Class Files;"
  
  
• No. 7,426,720, "System And Method For Dynamic Preloading Of Classes Through Memory Space Cloning Of A Master Runtime System Process;"
  
  
• No. RE38,104, "Method And Apparatus For Resolving Data References In Generate Code;"
  
  
• No. 6,910,205, "Interpreting Functions Utilizing A Hybrid Of Virtual And Native Machine Instructions;" and
  
  
• No. 6,061,520, "Method And System for Performing Static Initialization."

Oracle is also seeking copyright infringement under Copyright Act, 17 U.S.C. § 101 and 17 U.S.C. § 106.

Eric Schmidt, Google's CEO, was Chief Technical Officer at Sun before joining Google.

Oracle has named Boies, Schiller, & Flexner LLP and David Boies as well as Morrison & Foerster LLP on their legal team. David Boies was Chief Counsel and Staff Director of the United States Senate Antitrust Subcommittee in 1978 as well as Chief Counsel and Staff Director of the United States Senate Judiciary Committee in 1979. Boies defended IBM (NYSE: IBM) in their antitrust cases brought about by the U.S. Justice Department and other private competitors, represented the New York Yankees, and represented the U.S. Justice Department in the U.S. vs. Microsoft case, among other notable cases. Boies, Schiller & Flexner was involved in Bush vs. Gore, U.S. vs. Microsoft, and a $4 billion settlement for American Express in an antitrust case against Visa and MasterCard. Oracle is also using Morrison & Foerster LLP, who lovingly refered to themselves as "MoFo," and specializes in intellectual property practices.

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