The jury hearing the legal battle between Oracle and Google over the use of Java technology in the Android operating system has retired to consider its verdict on the second stage of the trial.
The jury had already delivered a partial verdict over the copyright aspects of the trial. They must now wrestle with the issues of potential patent infringements.
According to Reuters, Oracle's attorney Michael Jacobs accused Google of being “reckless” in its use of technology when developing Android.
Google's attorney Robert Van Nest, meanwhile, reportedly claimed that Oracle had produced no evidence that Google knew about potential patent infringements until threatened with litigation.
Google had previously offered Oracle $2.8m in patent-related damages as well as a small cent share of Android's future revenues until the patents expired.
Oracle rejected that offer, and must wait to see if the jury is more generous.
Previously Judge William Alsup, who is presiding over the case, ruled that Oracle could only claim statutory damages for the copyright infringements found by the jury. That limits the damages Oracle could claim to just $150,000.
The third part of the trial is set aside for the jury to consider damages. However, Judge Alsup has previously suggested that the companies should reach an agreement to shorten the length of the damages phase.
Given that the jury could not agree unanimously on the copyright infringement aspects of the case, there is a strong chance that there could be a retrial.
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