UPDATED 08:34 EST / SEPTEMBER 20 2011

The Larrys Failed to Settle In Court: Oracle vs. Google Lives On

Google CEO Larry Page and Oracle CEO Larry Ellison both appeared in court yesterday as U.S. Magistrate Judge Paul Grewal called upon them, aiming to reach a settlement regarding the case against Google’s Android platform.

Grewal scheduled a second settlement on Wednesday morning at the U.S. District Court in San Jose, California.  Spokespersons from both parties declined to comment as to whether the CEOs will reappear in court.

Though the talks was not open to the public, the second meeting is most probably the result of Page and Ellison failing to finalize any terms during their private session over Android allegedly infringing Oracle’s Java patents and copyrights.

All we could do is assume that the Oracle party insisted the Google infringed their Java technology, and the Google party stuck to their guns that Oracle made up bogus patents just to implicate them.

The payment for damages amounting to billions of dollars could be another issue which the two failed to agree upon.

Another factor that could have affected the settlement could have something to do with Google Android’s revenue.  According to Gartner, “Android accounted for 43.4% of the worldwide smartphone market in the second quarter of this year, a sharp increase from a 17.2% market share in the same period a year earlier.”

The possibility of these two CEOs coming to an agreement may be next to impossible as both parties are firmly holding on to what they are fighting for.

“It’s like Gorbachev and Reagan,” said Scott Daniels, a lawyer with Westerman Hattori Daniels & Adrian LLP in Washington. “The greatest chance of settling the case, of ending the Cold War, to use the analogy, is to have the two highest figures there.”


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