The jury returned from deliberation in the Oracle v. Google trial, issuing a partial verdict in favor of Oracle in the lawsuit regarding whether or not Google infringed on Oracle"s Java patents and APIs with its Android operating system. There"s one big caveat in its findings, however: it couldn"t decide whether or not Google made "fair use" of the Java APIs it utilized. Because of this caveat, Google has motioned for a mistrial.
Rachel King and Dan Favor of CNET obtained court documents of the proceedings which show the jury"s verdict. Notably, the jury skipped the second part of the first question to the verdict form provided by the judge, William Alsup. The skipped part in question reads as follows:
Has Google proven that its use of the overall structure, sequence and organization constitute "fair use"?
Yes ________ No ________
The previous part of the question reads as follows:
Has Oracle proven that Google has infringed on the overall structure, sequence and organization of copyrighted works?
Yes ________ No ________
The 12-person jury, made up of five male jurors and seven female jurors, was unanimous in finding that Oracle had proven that Google infringed on "the overall structure, sequence and organization of copyrighted works." Because the jury selected "yes," it was ordered to select the second part of the question, which it didn"t. According to CNET"s report, the jury was not unanimous in all their other answers.
The jury deliberated for over a week before coming to its findings. Because of the skipped portion, the damages Oracle receives from Google could be limited, if the jury"s findings even stand. According to King and Favor, Google will present its argument for a mistrial tomorrow and Thursday.