US Supreme Court - Oral Arguments in Kimble v. Marvel and Commil USA v. Cisco Systems on March 31

On March 31, the US Supreme Court hears oral arguments in the patent cases: Kimble v. Marvel Enterprises and Commil USA, LLC v. Cisco Systems.

The issue in Commil USA: Whether the Federal Circuit erred in holding that a defendant's belief that a patent is invalid is a defense to induced infringement under 35 U.S.C. § 271(b).

The issue in Kimble: Whether this Court should overrule Brulotte v. Thys Co., which held that "a patentee's use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se."

The SCOTUS blog will be live blogging the oral arguments at 9:45 am ET.

Copyright © 2015 Robert Moll. All rights reserved.

Elon Musk - All Our Patents Are Belong to You?

In All Our Patents Are Belong to You Elon Musk explains why he is giving away the entire Tesla patent portfolio to grow the market for electric cars. It might be just the thing to grow a nascent market, but who knows. It is also less sweeping than it sounds as the dedication is conditioned on competitors acting in "good faith." Does that mean Tesla can still enforce the patents as long as it is sued first, that is, defensively? Whatever the case, this is a bold step as the Tesla patents I have read seem to be well written and on commercially important topics (i.e., valuable). One wonders why Tesla didn't simply license the patents for a zero fee for a certain time period.

Despite the hero worship in the comments to Mr. Musk's post, this "patent dedication" may not have the desired affect. How much of the automakers' decision to enter the electric car market is based on the barrier presented by Telsa's patents? My guess is this patent risk factor is far outweighed by current unfavorable economics. I hope we all drive electric cars in the future, but if you buy a Tesla and cannot tap into a free charging station let me know how much your electric bill increases.

Tesla's competitors may be able to freely use Tesla's patented technology, because of the doctrine of equitable estoppel. Furthermore, even if Tesla thinks it smart, what about the competitors? I guess they can take advantage as long as they act in good faith.

Copyright © 2014 Robert Moll. All rights reserved.

Oracle v. Google - Copyright & Patent Trial - Jury Issues Partial Verdict

Today, the jury delivered a partial verdict of copyright liability in the Oracle v. Google trial. 

FOSS Patents here and Groklaw here continue to give detailed coverage. Also see the following articles:

Oracle v. Google jury returns partial verdict, favoring Oracle - CNET - Rachel King and Dan Farber

Legal experts decipher Oracle-Google verdict - CNET - Charles Cooper, Elinor Mills, and Daniel Terdiman

Oracle gets a chance to rewrite software law - CNET - Stephen Shankland

Oracle v. Google and the Dangerous Implications of Treating APIs as Copyrightable - EFF - Julie Samuels

Phase One Verdict in Oracle v. Google and It's a Mess - IP Duck - Michael Barclay

Mixed Decision In Oracle vs. Google Copyright Case - WSJ - John Letzing

Copyright © 2012 Robert Moll. All rights reserved.

Oracle v. Google - Copyright & Patent Trial - Jury Deliberating

The jury is still deliberating on copyright liability in the Oracle v. Google trial.

FOSS Patents here and Groklaw here continue to give detailed coverage, but you may want to also read the following articles:

No partial verdict in Oracle-Google copyright case after all - CNET - Rachel King

Oracle-Google jury reaches verdict on all but one Java copyright question - Ars Technica - John Brodkin

Jury retires for weekend in deadlock in Oracle-v-Google Verdict - The Register - Iain Thomson

Copyright © 2012 Robert Moll. All rights reserved.

Oracle v. Google - Copyright & Patent Trial - Day 13

The jury is still deliberating on copyright liability in the Oracle v. Google trial. FOSS Patents here and Groklaw here continue to give detailed coverage, but you may also want to read the following articles:

James Gosling on Oracle vs. Google - issue has always been interoperability - Jaxenter

Oracle tries to rewrite history for Sun and alter Java's future - CNET

Thanks to Alan Cooper for the articles.

Copyright © 2012 Robert Moll. All rights reserved.

Oracle v. Google - Copyright & Patent Trial - Days 10 - 12

The jury is deliberating on copyright liability in the Oracle v. Google trial. FOSS Patents here and Groklaw here continue to give detailed coverage, but if you need humor or a dramatic take on what happens if Oracle wins on copyright liability read the articles: The Register, Dr. Dobbs, and Forbes below. If you want to understand the copyright issues, on the other hand, I suggest reading Edward J. Naughton's article below.

Day 10 (April 27):

Space-cadet Schwartz blows chunks out of Oracle's Java suit - Thanks Jonathan. Come back any time - The Register - Andrew Orlowski

Former Sun chief about Google: 'immune to copyright laws, good citizenship, they don't share' - FOSS Patents

Day 10 Oracle v. Google Trial - Oracle Exhibits - Groklaw

Day 11 (April 30):

Oracle v. Google: definitive copyright-related jury instructions and special verdict form - FOSS Patents

Final Oracle-Google jury instructions confirm that names are copyrightable as part of larger structure - FOSS Patents

Day 11 at the Oracle v. Google Trial -- Closing Statements, Goes to Jury - Groklaw

Day 12 (May 1):

Does Android Infringe Oracle's Copyrights In The Java Platform? What The Jury Will - And Won't Decide - Brown Rudnick's Emerging Technologies Blog - Edward J. Naughton

Jury mulls verdict in Oracle-v-Google Java spat - The Register - Iain Thomson

Oracle and the End of Programming As We Know It - Dr. Dobb's Editor in Chief Andrew Binstock

Oracle v. Google: Are APIs Covered By Copyright - Forbes, Oliver Herzfeld

Oracle v. Google can't MAKE APIs copyrightable -- they HAVE BEEN for more than 20 years - FOSS Patents

Schwartz Blog Was Corporate -- So Says Sun's 2008 10K - Groklaw

Copyright © 2012 Robert Moll. All rights reserved.

Oracle v. Google - Copyright & Patent Trial - Days 6 - 9

Let's return to the "second happiest place" on earth: the Oracle v. Google trial. FOSS Patents here and Groklaw here continue to give detailed coverage of the trial, but each has a favorite: Groklaw is an unabashed Google cheerleader and seems at times to gush over Google's trial lawyer Mr. Van Nest plus sometimes not report unfavorable developments, while FOSS Patents falls into highly detailed analysis with at times speculation that leads to the same conclusion each time: Oracle deserves to win.

Recently, Florian Mueller of FOSS Patents disclosed he is consulting with Oracle in the future. Some of Groklaw's commenters were so unhappy about Mr. Mueller's disclosed conflict of interest they insisted he not post on this trial. I think the real reason is Mr. Mueller disagrees with their views.

Thus, we have some interesting articles on days 6 - 9 of the Oracle v. Google trial:

Day 6 (April 23rd):

Oracle Java patent rises like Phoenix from the ashes, can still be asserted at trial - FOSS Patents

Oracle asks court to clear up potential confusion over Apache license and Apache Harmony project - FOSS Patents

Week 2, Day 6 of Oracle v. Google ~ pj - Updated 2Xs - Groklaw

Day 7 (April 24th):

Google's Andy Rubin dodges David Boies' bullets - CNET

Copyrightability of Java APIs would be consistent with law and practice, not a 'substantial departure' for industry - FOSS Patents

Week 2, Day 7 at the Oracle v. Google Trial ~ pj - Updated 5X - Groklaw

Day 8 (April 25th):

Judge plans to inform jury that structure, sequence and organization of Java APIs are copyrightable - FOSS Patents

Oracle 'intends to assert [revived] patent in Phase Two', asks court to confirm -- Google opposes - FOSS Patents

Judge denies assertion of revived Oracle patent but Google still needs to take a license to it - FOSS Patents

Oracle v. Google - Day 8 Filings; Google (Potentially) Blows the Door Off Oracle's Copyright Claims - Updated with text document - Groklaw

Day 9 (April 26th):

Former Sun CEO Jonathan Schwartz says Google's Android didn't need license for Java APIs - CNET

Open-sourcing of Java and API copyrightability are entirely unrelated issues - FOSS Patents

Day 9 at the Oracle v. Google Trial ~ pj - Updated 5Xs - Groklaw

Trial: Former Sun CEO gets into catty fight with Oracle lawyer - ZDNet

Oracle tries to rebound with help from Sun co-founder (Scott McNealy) - ZDNet

Copyright © 2012 Robert Moll. All rights reserved.

Oracle v. Google - Copyright & Patent Trial - Day 5

It's day 5 of the Oracle v. Google trial for copyright and patent infringement. Here are the more interesting articles that I read tonight:

Android, Java, and the tech behind Oracle v. Google (FAQ). CNET - Stephen Shankland explains how Sun/Oracle's Java relates to Google's Android, the history leading up to the case, and some of Oracle slides presented to show how Google is infringing its copyrights. Mr. Shankland is a great tech writer and gives a nice introduction to this case.

Day 5 - Oracle v. Google Trial  - Groklaw is an unabashed Google cheerleader, but if you forgive them of that fact it can be fun reading.

The Lindholm testimony and the reality of Java licensing options - FOSS Patents. Florian Mueller gives detailed coverage of Timothy Lindholm's "famous" email and his testimony on day 4 of the trial, plus the details of the Java licensing options that drove Google into a collision with Oracle.

Copyright © 2012 Robert Moll. All rights reserved.

Oracle v. Google - Copyright & Patent Trial - Day 4

It's day 4 of the Oracle v. Google trial for copyright and patent infringement. Today, the media focused on Oracle's lawyer David Boies' questioning of Google's software engineer Tim Lindholm and Google's use of Java API's in Android.

Part of the questioning was particularly revealing. Shortly before Oracle sued Google in 2010, Google software engineer Tim Lindholm emailed a response to Google executives that had requested he investigate alternatives to Java for Android: "We've been over a bunch of these, and think they all suck. We conclude that we need to negotiate a license for Java under the terms we need." When Oracle's trial lawyer David Boies asked about this, Mr. Lindholm acknowledged his email, but claimed he was not referring to a license from Sun. It was "not specifically a license from anybody." David Boies had no further questions.

If you are interested in more detail about the Lindholm questioning, I suggest the following articles:

• Google's Tim Lindholm faces off with David Boies on Java License - CNET
• Google's Lindholm dances around questions about Java licences - ZDNet

If you are interested in detail about the Java APIs, I suggest the following articles:

• Oracle and Google find common denominator for telling jury about use of Java APIs in Android - FOSS Patents
• APIs take center stage at Oracle-Google trial - CNET

If Java APIs are copyrightable and Google has admitted using Java API's without a license, Oracle may have established liability for copyright infringement. However, this is hotly contested case, the trial is in the first week, and other issues may surface affecting liability.

Copyright © 2012 Robert Moll. All rights reserved.

Oracle v. Google - Copyright & Patent Trial - Day 3

Today is the third day of the Oracle v. Google trial for copyright and patent infringement. Media primarily focused on Oracle's trial lawyer David Boies' questioning of Google's CEO Larry Page.

If you are interested in the details, I suggest these articles:

• Google CEO Larry Page retakes the stand: "I'm not sure whether we ever got a license" - ars technica 
• Oracle exec: No other reason to buy Sun except for Java - ZDNet - Rachel King
• Google's Page goes on defensive against Oracle lawyers at trial - ZDNet - Rachel King
• Google's Page claims little knowledge about Android, Java license talks - ZDNet - Rachel King
• Google CEO Can't Recall Much in Trial Over Patented Java Tech - Courthouse News
• Larry Page practices the art of evasion in court - CNET - Dan Farber
• Oracle v. Google trial: evidence of willful infringement outweighs claims of approved use - FOSS

Has the copyright case shifted in Oracle's favor?

Copyright © 2012 Robert Moll. All rights reserved.

Oracle v. Google - Copyright & Patent Trial - Day 2

Today is the second day of the Oracle v. Google trial for copyright and patent infringement.

If you are interested in the details, please see the following articles:

Larry Page appears in Google trial - CNET

Larry Ellison takes the stand in Android IP trial - CNET

Day 2 of Oracle v. Google - Groklaw

Tech titans testify in federal court - San Jose Mercury News.

Copyright © 2012 Robert Moll. All rights reserved.

Oracle v. Google - Copyright & Patent Trial - Day 1

Today, is the first day of the Oracle v. Google trial for copyright and patent infringement. The trial lawyers are making opening statements.

Here are Oracle's slides and Google's slides suggesting their respective cases.

If you are interested in the details, please see the following articles:

Today's the Day: Day 1 of the Oracle v. Google Trial in San Francisco. Groklaw beats many IP blogs for detail, but aims for the approval of the free and open source community. Thus, Google is cheered while Oracle jeered.

Oracle: Google used 'somebody else's property' when it created Android - San Jose Mercury News.

Silicon Valley Show Trial - CNET

Copyright © 2012 Robert Moll. All rights reserved.