Oracle’s patent infringement claims against Google over the Dalvik virtual machine built into the Android operating system continues to escalate, with Oracle submitting a request to the judge in the case to depose current Google CEO Larry Page. Oracle argues questioning page is germane because Page participated in negotiations between Google and Sun (now owned by Oracle) over a license to use Java technology in Android. Further, Oracle asserts that Page, as a Google co-founder and senior exec, may have made the decision for Google to acquire made the decision to acquire Android back in 2005.
The filing seems to have first been reported by FOSS Patents.
Oracle’s request to depose Page comes towards the end of the discovery period of the case. Oracle has already deposed Android co-founder and Google’s current Android VP Andy Rubin. In the same document, Google characterizes Oracle’s request to depose Page as amounting to harassment, claiming that any testimony by Page would essentially duplicate testimony from other witnesses, such as Rubin. However, some industry watchers believe Oracle’s request may succeed, the judge in charge of the case has displayed interest in Page’s role in Java licensing negotiations with Sun.
Oracle also wants to depose selected former Google employees who worked on Android, as well as Tim Lindholm, a former Sun employee who currently works on Android.
Earlier this month, Google requested to depose Oracle CEO Larry Ellison.
Oracle is seeking some $2.6 billion from Google for alleged infringement on Java technologies in the Android operating system. Google has maintained that the virtual machine included with Android is distinct from the Java VM Oracle acquired with Sun Microsystems, and does not infringe on Oracle’s patents.