Oracle and Google today agreed to a recent court order that would put them in mediation overseen by a federal judge magistrate rather than in private.
“Oracle concurs with the Court’s view that an additional attempt at settlement of the case through mediation before a United States Magistrate Judge is warranted,” Oracle wrote in a court filing Wednesday. “Oracle has found previous efforts at settlement, including private discussions between the parties, frustrating for lack of follow-through, and believes that those efforts have not exhausted the possibilities for resolving the case.”
Oracle said it would provide Oracle President Safra Catz and Executive Vice President of Product Development Thomas Kurian for the mediation sessions. Oracle’s response follows an order that the court gave on Friday to have mediation before a judge rather than in private because, as the order stated, “private mediation thus far has not succeeded.”
The two parties are locked in a civil lawsuit over Google’s use of Java technologies in its Android mobile devices. Last year Oracle bought Sun Microsystems, which owned Java. Oracle is claiming billions of dollars in damages. The trial is set to start Oct. 31.
Google also agreed with the mediation, writing it “welcomes the Court’s suggestion that the parties participate in a mediation of this case before a Magistrate Judge.” It will send Senior Vice President of Mobile Andrew Rubin and VP and General Counsel Kent Walker.