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In Oracle-Google, there was plenty of pre-trial work on damages. IIRC, Oracle had to do three rounds of damages reports before the trial (the second and third because the previous reports were not satisfactory). Post-trial they would have determined what the damages actually were, but, in order to get their trial, Oracle did have to make a showing that there were damages worth trying.

Oracle had it easier because there were willing to license the patents and copyrights at issue (and Sun had even talked to Google about this). That made the lost licensing revenue a helpful data point with respect to damages, but with or without that there was a hurdle Oracle dealt with that Apple/Motorola didn't (based on Judge Posner's ruling).




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