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but Google is using that to put an argument for a low figure. And pissing off the judge by making stupid claims. Negotiating isn't about starting at the lowest

by latch 15y ago

but Google is using that to put an argument for a low figure. And pissing off the judge by making stupid claims. Negotiating isn't about starting at the lowest number, it's about starting at the lowest _reasonable_ number. Anything else and you just antagonize people (which Google apparently did)

blinkingled 15y ago
To be fair to Google - doesn't the fact that they even agree to any damages weaken their case? I don't understand why they would have to determine damages before investigating if they infringed or not. Going with Java and not buying Sun was HUGE mistake on Google's part - major strategic gaffe. You can thank Mark Hurd for the fact that HP did not buy Sun - even then Google would be better off as HP has no history of suing people left and right.
- tzs 15y ago
  In a patent case, the plaintiff puts forth two arguments for the jury: 1. The defendant infringes the patent. 2. The damages for said infringement should be $X. The defendant will put forth three arguments: 1. Plaintiff doesn't even have a valid patent. This is really several arguments, directed at pretty much everything that plaintiff must have done for their patent to be valid and theirs. 2. Defendant does not infringe the patent. 3. IF they did infringe the patent, the plaintiff's damage numbers are nuts and the correct damages would be $Y (which is much smaller than $X). To make their damage arguments, both sides bring in experts on damages, who write reports which are submitted to the court, and then the experts testify about these reports in front of the jury. Before the trial starts, both sides challenge the qualifications of the other side's damages expert, trying to convince the court he's a quack and the court should throw out his report and make the other side offer a reasonable damage theory. That's about the stage they are at now.
nl 15y ago
And pissing off the judge by making stupid claims Yeah, this is true. But Google needs to establish their position to the court as being "we don't make any direct revenue off Android". The whole judge being pissed off is really just theatre. I'm sure the judge expected this, and his anger is more about speeding up the process than anything. And don't forget the Judge is just as annoyed at Oracle's claims as Google's.

by latch 15y ago

blinkingled 15y ago

To be fair to Google - doesn't the fact that they even agree to any damages weaken their case? I don't understand why they would have to determine damages before investigating if they infringed or not. Going with Java and not buying Sun was HUGE mistake on Google's part - major strategic gaffe. You can thank Mark Hurd for the fact that HP did not buy Sun - even then Google would be better off as HP has no history of suing people left and right.

tzs 15y ago
In a patent case, the plaintiff puts forth two arguments for the jury: 1. The defendant infringes the patent. 2. The damages for said infringement should be $X. The defendant will put forth three arguments: 1. Plaintiff doesn't even have a valid patent. This is really several arguments, directed at pretty much everything that plaintiff must have done for their patent to be valid and theirs. 2. Defendant does not infringe the patent. 3. IF they did infringe the patent, the plaintiff's damage numbers are nuts and the correct damages would be $Y (which is much smaller than $X). To make their damage arguments, both sides bring in experts on damages, who write reports which are submitted to the court, and then the experts testify about these reports in front of the jury. Before the trial starts, both sides challenge the qualifications of the other side's damages expert, trying to convince the court he's a quack and the court should throw out his report and make the other side offer a reasonable damage theory. That's about the stage they are at now.

nl 15y ago

And pissing off the judge by making stupid claims Yeah, this is true. But Google needs to establish their position to the court as being "we don't make any direct revenue off Android". The whole judge being pissed off is really just theatre. I'm sure the judge expected this, and his anger is more about speeding up the process than anything. And don't forget the Judge is just as annoyed at Oracle's claims as Google's.