updated 03:25 pm EDT, Wed March 28, 2012
Oracle thinks Google royalty offer too low
A joint filing by Oracle and Google late Tuesday has revealed that Google offered to pay a per-device royalty on Android devices. Following earlier damages discussions, Google had offered paying 0.5 percent royalties on every device for one Oracle patent until it runs out in December, and 0.15 percent on another only expiring in 2018. It also offered to pay $2.8 million in back payments from 2011 and earlier.
Oracle rejected the combined offer as too low and saw the offer as making it "unilaterally give up its rights" to banning Google from using the Java patents and copyrights at the heart of the lawsuit. Google saw the figures as reflecting what an independent expert, appointed by the court, had determined.
Judge William Alsup on Wednesday also extended an earlier April 9 deadline for a mandatory settlement discussion date to no later than midday on April 13.
The Google offer is the first known so far and contrasts sharply with what it's been willing to offer in the past. Previously, its focus had been almost exclusively on negotiating a lump sum that would take care of both past and future uses. Google has been keen to avoid the case going into trial as it would risk a product ban.
Oracle, meanwhile, has been pressing for as much as possible and only lately has had to back off. At one point, it wanted $2.6 billion or more. Little doubt has existed that Google was aware of its needing a Java license it didn't secure after self-incriminating e-mail surfaced, but the seriousness of the claim has regularly been under dispute, especially as pre-Oracle Sun CEO Jonathan Schwartz had no public objections to Google using Java for free. [via Reuters]