Electronic discovery at work in Oracle v Google

Discovery in Oracle v Google has yielded an email reportedly sent by a Google VP of mobile services, Andy Rubin:

“If Sun doesn’t want to work with us, we have two options: 1) Abandon our work and adopt MSFT CLR VM and C# language – or – 2) Do Java anyway and defend our decision, perhaps making enemies along the way.”

Judge Alsup’s retorted:  “Google may have simply been brazen, preferring to roll the dice on possible litigation rather than to pay a fair price.”

That’s strike two on willful infringement. Readers will recall strike one was language in Google’s Daubert motion. IPBlog was struck by Judge Alsop’s use of “fair price,” indicating valuation analysts should have been brought into the picture early along to determine a reasonable royalty.

The court date is set for October 31.