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Oracle-Google Faceoff: Judge Tells the Larrys to Keep Talking

Published on September 20, 2011
by John Paczkowski

It’s back to court tomorrow for the two Larrys, Ellison and Page, after the pair failed to settle Oracle’s patent-infringement lawsuit against Google over the use of Java in its Android operating system.

According to court filings, U.S. Magistrate Judge Paul Grewal has ordered the two CEOs into a second day of mediation after nothing came of the first.

Yesterday’s talks were not open to the public, so it’s not clear how much, if any, progress was made toward reaching a resolution. But sources familiar with the matter say the two companies remain at an impasse, with Ellison insisting Oracle is owed billions of dollars in damages for Google’s alleged infringement and Page dimissing that figure as excessive.

In the past, Google has said that if it owes Oracle anything, it’s no more than $100 million. And that doesn’t square with Oracle’s view that it’s entitled to royalties on Android device sales.

And so a second round of talks have been scheduled for tomorrow — the same day that Google Executive Chairman Eric Schmidt appears before a Senate antitrust subcommittee hearing to testify about the company’s dominance of Internet search.

A trial has been tentatively scheduled for October if the two CEOs again fail to reach a settlement.

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