Oracle had recently offered to drop its case of patent infringement against Google, in the lawsuit against Android’s use of Java and wants to pursue the Copyright infringement trial. Oracle’s claim was that to get a speedy trail it would drop the patent case against Google for now and would consider filing a fresh infringement case on Google at a later stage. But the Judge who presides over this case rejected this offer, and has mentioned that if the trial goes according to the plan it should start by Mid-April.
Oracle has been losing ground on the patent infringement part of the case, and sees no major value in pursuing it now. Oracle could have the feel that if it pursues the patent case now, it’s likely that it gets very little or nothing out of it. This could have been the reason why Oracle has offered to back out of the case and take a fresh attach on Google/Android. But the Judge considering the time already spent on this case would want to finish it off in a single trial.
The main reason why the trail is getting delayed is because of Oracles baseless claim on the damages. Oracle had claimed a mammoth $6.1 billion initially and $2.6 billion in the later claim. The judge has asked Oracle to come up with a more reasonable claim on the damages. Oracle has been trying to make its acquisition of Sun Microsystems (the original owner of Java related IP) a profitable deal by trying to get damages from Google for using Java in its Android platform. Oracle bought Sun for $7.4 billion in April 2009. To support its case Oracle had recently predicted that Google makes $10 million each day in annual mobile advertising revenue. This number is purely based on number of activations that was recently released by Google. Oracle does not offer any suggestions on how it came up with this number. Many stock analysts are still not sure if Google’s venture into the mobile business is profitable, but to accept Oracle’s claim would be up to the Judge or the Jury.