The “copyright phase” of the Google-Oracle trial reached its end with Google executive chairman and former CEO Eric Schmidt giving his testimony.  They will move on to the “patent phase” of the trial after the jury decides whether Google is guilty or not of copyright infringement.

Rubin, Day 3

Before the “copyright phase” of the trial ended, Android chief Andy Rubin, appeared for the third time in court along with another Google witness, former Google engineer Dan Bornstein.

Bornstein stated that he removed some elements of Java from Android last year after Oracle filed their case in court.  He explained that the Java elements came from a Swiss contractor called Noser Engineering AG, who helped them built Android.  He also stated that the contracter was given instructions as to what they can and cannot use for Android. Bornstein also stated that the only thing they copied from Java are those available for public use and do not require any license from Oracle.  He also admitted that he is being paid $400 per hour by Google for his time in court.

As for Rubin’s testimony, he stated that his start-up Android Inc. was acquired by Google in 2005.  Back then they only had five engineers.  Now, the Android division of Google has roughly 90 engineers working on the platform.

Oracle is suing Google for using their Java patents without acquiring any license to do so, as well as copyright issues involving the Android platform.  Oracle accused Google of violating seven of their patents but Google had the  U.S. Patent and Trademark Office (PTO) re-examine the said patents.  Five of the seven patents were rejected, deemed too weak to stand trial.  But Oracle asked the PTO to re-evaluate patent  5,966,702 which covers a way of formatting information when building Java applications.  The PTO’s first decision was overturned a few days after the trial began.

Oracle informed US District Judge William Alsup that the PTO changed their decision about patent 702, and asked that it be allowed back in the case.  Oracle was confident that the patent would be allowed back in since the “patent trial” hasn’t started yet.

“Testing shows that Android application files are between 1.45 and 3.33 times smaller than they would be if the patented technology were not used, which results in a variety of additional performance benefits,” Oracle argued.

Google argued that Oracle is going back on their word by requesting the reinstatement of patent 702.  This pertains to Oracle’s filing in early march which stated,  “If the case goes to trial this spring, Oracle will withdraw from the litigation with prejudice each claim of the ’720, ’205, and ’702 patents asserted against Google that remains rejected at the time of trial, and proceed with the copyright case.”

After hearing both sides, Alsup stated that he will give his decision after he reviewed both arguments.  On Wednesday, Alsup rejected Oracle’s bid to have patent 702 reinstated.

“Oracle’s argument that the patent ‘trial’ has not yet started is wrong,” Alsup’s ruling, filed late Wednesday, read. “Oracle will be required to stand by its word and live with the dismissal with prejudice.”

After Alsup’s decision was given, Oracle stated that the company would maintain a total of 10 infringement claims, arguing that this would not affect how Google would have to prepare to defense or its expert witness testimony.

Google disagreed with Oracle’s statement, saying that they have “been preparing for trial with the understanding that this was a two patent case ever since.”