IP Expert Witness & $9.3B Lawsuit Against Google Inc.

fg_000022251686Intellectual property expert witness James E. Malackowski will testify for the multinational computer technology corporation Oracle in its lawsuit seeking $9.3B from Google, Inc. Malackowski is Chairman and CEO of Ocean Tomo. He is experienced in intellectual property valuation, business valuation, reasonable royalty, and lost profits.

A 2012 jury was unable to determine whether Google’s use of Java software application programming interfaces was protected under the fair use doctrine.  Copyright.gov gives the key facts in Oracle Am., Inc. v. Google, Inc., 750 F.3d 1339 (Fed. Cir. 2014).

Plaintiff Oracle America, Inc. owned patents and copyrights related to several software application programming interface (API) packages.  Oracle alleged that defendant Google, Inc.’s Android mobile operating system infringed its API packages. The parties agreed that the jury would decide infringement, fair use, and whether any copying was de minimis, while the district judge would decide copyrightability and Google’s equitable defenses. The district court did not order a new trial when the jury hung on Google’s fair use defense because the district judge concluded that the elements of the API packages that Google had copied, including their declaring code and their structure, sequence, and organization, were not subject to copyright protection. Oracle appealed the district judge’s finding regarding copyrightability, and asked the court of appeals to also rule that Google’s use was not fair.

The second trial is set to begin May 9th.  Malackowski is expected to opine on platform contribution. According to IRS.gov:

Under the U.S. cost sharing rules, parties under common control may enter into a “cost sharing arrangement” (“CSA”) which allows the parties to share the costs of developing one or more intangibles (“cost shared intangibles”) in proportion to each party’s share of reasonably anticipated benefits (“RAB Shares”) resulting from use of the cost shared intangibles. A payment is required for the contribution by a party of any resource, capability, or right to the CSA if it is reasonably anticipated to contribute to the development of the cost shared intangibles. Any such contribution is a “platform contribution transaction” or a “PCT,” and the related payment is a “PCT payment”.

About Karen Olson

Information Professional with twenty years experience in legal, public record, and business research. Fifteen years law firm experience.

No comments yet... Be the first to leave a reply!