Google did not infringe Oracle patents -jury

SAN FRANCISCO Wed May 23, 2012 7:30pm BST

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SAN FRANCISCO May 23 (Reuters) - Google Inc's Android mobile platform has not infringed Oracle's patents, a California jury decided in a high stakes trial fought by the two Silicon Valley giants over smartphone technology.

The verdict was delivered on Wednesday in a San Francisco federal court, and confirmed by a Google spokesman. An Oracle attorney declined to comment on the decision.

Because the same jury could not unanimously agree on the copyright allegations earlier in the case, the latest verdict on patents effectively puts an indefinite hold on Oracle's quest for damages. Oracle at one point was seeking roughly $1 billion in damages.

The jury found earlier that Oracle had proven copyright infringement for parts of Java. But the jury could not unanimously agree on whether Google could fairly use that material.

Oracle sued Google in August 2010, saying Android infringes on its intellectual property rights to the Java programming language. Google says it does not violate Oracle's patents and that Oracle cannot copyright certain parts of Java, an "open-source" or publicly available software language.

Without a finding against Google on that fair use question, Oracle cannot recover damages on the bulk of its copyright claims.

Judge William Alsup has not yet decided on several legal issues that could determine how a potential retrial on copyright would unfold.

The case in U.S. District Court, Northern District of California, is Oracle America, Inc v. Google Inc, 10-3561. (Reporting By Dan Levine; Editing by Gary Hill)

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