DUEBENDORF‐ZURICH, Switzerland – 14 December 2010 – Myriad Group AG (SIX Swiss Exchange: MYRN), a global leader in mobile technology having shipped over 3.7 billion software applications on more than 2.2 billion phones, announced today that it has filed with the US District Court for the District of Delaware a law suit against Oracle America, successor-in-interest to Sun Microsystems, Inc.
Myriad complaints that Oracle America breached it’s obligations under the Java Specification Participation Agreement (JSPA) , and as a consequence Myriad, and its customers, have been economically disadvantaged.
The focus of Myriad's lawsuit is on Oracle's attempt to seize an unfair advantage in the downstream markets for implementations of the relevant JSRs. Oracle seeks to exclude Myriad from this market by falsely claiming that Myriad's products are, or contain, Oracle Optimized Implementations, when in fact Myriad does not and never has used such Oracle Optimized Implementations in any of its products. Based on this false claim, Oracle has collected exorbitant royalties from Myriad and/or its customers for the use of code that is not found in Myriad independently optimized offerings. Oracle seeks to impose costs on Myriad equal to or higher than its own downstream price, thus preventing Myriad from effectively competing, and imposing unjustified charges on Myriad's customers. When Myriad protested, Oracle's response was to deny Myriad access to the Technology Compatibility Kits (TCKs) needed to certify Java compliance of Myriad's products, and to falsely represent to Myriad's customers that Myriad is no longer licensed to create Java-compliant products.
It is this same false claim that is the basis for Oracle's competing lawsuit against Myriad filed with the US District Court for the Northern District of California. Oracle erroneously claims that because Myriad is failing to pay royalties for use of Oracle Optimized Implementations it is creating Java-branded software without a license. But Myriad does not owe any such royalties because it does not use Oracle's Optimized Implementations. Myriad also holds an independent, preexisting license to engage in Java implementations, by virtue of Myriad's cooperation with Oracle / Sun and other technology companies in developing Java specifications as part of the "Java Community Process."
In addition to punitive damages, Myriad is seeking the return of $120 million in overpaid royalties.