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China Asks Microsoft to Back Down in Patent Battle With Oracle
A Chinese court has asked the US software giant Microsoft to back down in its legal dispute with rival Oracle over ownership of Java technology patents, upholding Oracle’s claim that the two firms collaborated on the technology.
Six judges at the southern Guangdong Intermediate People’s Court ruled that Java is a registered trade mark of Oracle and that the company’s patent rights to it must be upheld.
They found the companies’ agreement to collaborate on Java in 1999 did not cover any patents, in a case that will have a knock-on effect for the industry, revealing once again that non-lawyers can play important roles in a lawsuit.
“The judgment is a good news for the patent system,” said a source close to the case. “It shows that even a company like Oracle can have intellectual property that is infringed by others.”
The developers behind the Java API library alleged that Oracle had infringed its patents by developing JavaFX in 1999. The pair settled the dispute in 2002. The US firm’s patent for Java-based development is said to be worth $6bn.
Oracle had argued that the deal with Microsoft, to develop new versions of the Java libraries and their API as soon as they were released, did cover a patent portfolio known as JIT, or just-in-time, a leading source of software development technology.
The argument was that Microsoft released its version of JIT, CLR, as part of its.NET development environment and that it was a licensed version of Java.
The Chinese judges said that the two companies had signed a “basic agreement” in 1999 that covered the release of the Java language and libraries. This agreement covered aspects of the Java programming language, but the judges found that it did not extend to the APIs – Java libraries that provide an interface between software and Java.
They said Microsoft had breached the agreement by releasing the first two versions of JIT – which were C-based, or compatible with the C programming language, rather than C#, which was compatible with the.NET environment.
“We asked Microsoft to provide evidence that it did not use the [JIT] technology, but they could not provide any supporting evidence,” the source said.
But in its defence, the Chinese court said: ”
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