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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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I think that's it | 484 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Maybe
Authored by: pem on Tuesday, May 15 2012 @ 06:45 PM EDT
Unfortunately, I read it the other way around.

If Oracle settles for statutory damages, they win. Simply because the law is
pretty inflexible (for mostly good reasons on this). If they win, I think they
get to stick google with costs.

If they go for infringer's profits, they probably lose. At that point, yeah,
maybe google gets to stick it to them (if they lose on patents, as well) but
that may be more up to the judge's discretion -- IANAL.

[ Reply to This | Parent | # ]

I think that's it
Authored by: cpeterson on Wednesday, May 16 2012 @ 10:16 AM EDT
I would guess taxation of costs will be divided up by trial phase. In the first
phase of the trial, Google was ruled to have infringed. Even though they are
likely to come out with minimal or no damages, they will likely end up paying
Oracle's legal fees, which are probably at least a billion dollars. (What, do
you think the Boies Boys would charge a *reasonable fee*? Head under rock much?
;) )

In the second phase, we're still waiting. If Google is found to not have
infringed patents, then it's a wash. Each pays their own way. If Google is found
to have infringed at all, then Oracle gets to clean up the legal bills and not
leave Ellison doing the sour face.

[ Reply to This | Parent | # ]

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