UPDATED 12:30 EDT / JULY 15 2011

Oracle Demands Personal Court Appearance from Larry Page

Just last month Oracle filed a document with the California District Court, asking Google for $2.6 million in claims over patent infringement. Weeks ago, Google responded by filing a document that Oracle may owe between $1.4 billion and $6.1 billion if it loses the case. The battle continues, with a nine-page letter submitted by Oracle to Judge Donna Ryu of the U.S. District Court for the Northern District of California, requesting to depose the Google CEO Larry Page regarding on his involvement over its acquisition of Android sometime in 2005.

“Mr. Page is Google’s CEO, and he reportedly made the decision to acquire Android, Inc., and thereby develop and launch the platform that Oracle now contends infringes its patents and copyrights,” Oracle wrote in its letter to the judge.

“Mr. Page also participated in negotiations that took place between Sun and Google regarding a Java license for Android and in subsequent communications with Oracle’s CEO, Larry Ellison (whose deposition Google has requested). Oracle believes that Mr. Page’s testimony will likely be relevant with respect to a number of other key issues in this case as well, including the value of the infringement to Google.”

The search giant said that Oracle’s request to question Page is a “harassing demand” and “superfluous” given the testimony already made available.  Google issued a response to Oracle’s request, saying that Oracle is simply coming “to this court gnashing [its] teeth with an eleventh-hour attempt to cram extra depositions into the last couple weeks of the discovery period.

Oracle also wants to depose three other people from Google. The list includes former company’s employees Dipchand Nishar, Bob Lee and Android engineer Tim Lindholm. Dipchand Nishar, who left Google to join LinkedIn in 2008, is said by Oracle to have been involved with the Java negotiations between Sun Microsystems Inc. and Google. Bob Lee, on the other hand, was the software engineer at Google whom Oracle says in the letter as having “led the core library development for Android,” and that he has the knowledge of Sun Microsystems’ licensing practices which they said is relevant to Oracle’s claims of willful infringement. Then there’s Tim Lindholm, a current Android engineer and former employee of Sun Microsystems. Oracle says he constructed one of the very first Java virtual machines and came to Google with a deep knowledge of the Java platform.  Also, Oracle added that Lindholm participated in the negotiations that took place between Sun Microsystems and Google for Java licensing.

Google centers its responding argument around Andy Rubin’s previous deposition, saying that the Android Inc. co-founder and current vice president for Android at Google has already provided the information needed in this case. Google insists that Rubin is a better source than Page anyway, as he’s far more familiar with Android and its subsequent processes.

The case hearing is schedule for July 21. Google’s motion excluding the findings of Oracle’s damages expert will be discussed at that time, but Judge William Alsup has also asked both sides to provide their views of whether the case should be stayed, pending a number of re-examinations of Oracle’s patents.


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