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Attorneys for Google Inc. (GOOG) this week asked a California court to disqualify potentially sizable damages estimates put forward by an Oracle Corp. (ORCL) expert, in connection with intellectual-property litigation between the firms involving Google's Android software.

In a letter to Judge William Alsup filed Monday, Google attorneys took issue with unspecified damages estimated by Iain Cockburn, who was hired by Oracle.

The Google attorneys wrote that Cockburn suggested erroneously that Oracle be compensated for the advertising revenue Google won through online searches done on phones based on Android, which Oracle said infringes on its Java software. The expert's opinion is "unreliable" and "inappropriate," according to the attorneys.

Cockburn "seems to be arguing that Google's advertising revenue from...mobile searches on Android devices should be included" in determining compensation theoretically owed to Oracle, the lawyers wrote, "though he never articulates or supports this justification."

They added that Google at one point negotiated with Sun Microsystems, the original developer of Java, over licensing terms for the software--but ultimately rejected them. Oracle acquired Sun last year.

The Google attorneys requested a so-called "Daubert" motion to exclude the presentation of Cockburn's estimates at trial.

Oracle originally filed suit against Google in August of last year, alleging that Android, which has become widely adopted among mobile-phone makers, infringed on a number of patents and copyrights associated with Java.

The case has been watched closely as a relatively unique example of patent litigation filed directly against Google, rather than against a device maker using Android in its products--and as a high-profile spat between two of Silicon Valley's largest technology firms.

Google's lawyers noted that the company does not sell copies of Android, which is an open-source software project provided to device makers for free.

Though Cockburn suggested that Oracle is entitled to a share of the revenue gained through advertising on Android phones, Google's legal team countered that "the value of the Android software and of Google's ads are entirely separate: the software allows for phones to function, whether or not the user is viewing ads."

A Google representative declined to comment; an Oracle spokeswoman declined to comment.

Cockburn, a professor at Boston University's School of Management, did not respond to a request for comment.

The Google attorneys wrote that Oracle's expert improperly inflated his calculation of a royalty that theoretically would be owed to Oracle if Google had licensed Java for use in Android. He also applied "an unprecedented 50% royalty rate to that base through use of improper shortcuts," the attorneys wrote.

The lawyers added that Cockburn improperly suggested that Google owes Oracle unspecified damages related to the "fragmentation" of Java, resulting from Google's development of an incompatible strain of the software for use in Android.

Android has attracted a number of intellectual-property lawsuits since Google unveiled it for distribution in 2007, though they generally have been directed at companies that make use of Android in the products that they sell.

Microsoft Corp. (MSFT), for example, has sued Barnes & Noble Inc. (BKS) over its use of Android in the Nook e-reader, and has sued Motorola Mobility Holdings Inc. (MMI) over its use of Android in that company's mobile phones.

IDC analyst Al Hilwa suggested that Oracle opted to sue Google directly because it wants to shore up Java's place in the world of mobile software. "They want to make Android a licensed Java product," he said. "That's what I think their goal is."

Oracle's Java ME software is widely used in so-called feature phones, or lower-end models.

In post on a company website in March, Oracle noted: "The majority of the world continues to use feature phones and the best way to bring applications to these devices is with Java ME."

"In India alone, feature phone users outnumber smartphone users by a factor of 18 to 1," it said.

Android, meanwhile, has gained a large share of the market for software used in smartphones.

According to data published by comScore Inc. (SCOR), Google's software held a 36.4% share among U.S. smartphone subscribers as of April, compared with 31.2% in January.

Apple Inc. (AAPL), which makes the popular iPhone, saw its share rise to 26% in April from 24.7% in January, while Research In Motion Ltd. (RIMM), maker of the BlackBerry, saw its share slip to 25.7% from 30.4%.

-By John Letzing, MarketWatch; 415-439-6400; AskNewswires@dowjones.com

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