Tuesday, May 8, 2012

Oracle v. Google - Copyright & Patent Trial - Patent Phase

Google has filed a motion for a mistrial and the copyright case has issues of whether there is fair use and the Java API's are copyrightability. Nonetheless, the Oracle v. Google trial has moved to patents so let's ignore the messy partial verdict of the copyright case and focus on the patent case tonight.

As background, Oracle initially asserted Google's Android OS infringed seven US patents. Google responded by requesting reexamination of the patents in the PTO, and only two emerged as patentable. This eliminated much of Oracle's patent case. Then three days after the copyright trial began, the PTO reversed the invalidity of one of the five Oracle patents taken out of the trial, but Judge Alsup rejected Oracle's request to reinstate that patent as too late based on his understanding that Oracle agreed to drop any of the reexamined patents not held patentable at the start of the trial in exchange for an early trial. I posted on this April 25, 2012 here. Thus, Oracle asserts infringement of only US Patent No. 6,061,520 to Yellin et al. and US Reissue No. 38,104 to Gosling

Oracle and Google gave opening statements, and Oracle took testimony from Google employees (e.g., Mr. Lindholm and Mr. Rubin). FOSS Patents here and Groklaw here continue to give coverage on the case. Also see the following articles for details:

Copyright © 2012 Robert Moll. All rights reserved.