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Pressure ratcheting up on Oracle to drop patent suit against Android

Posted: , by Scott H.

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Pressure ratcheting up on Oracle to drop patent suit against Android
We’ve been reporting on the increasingly difficult situation Oracle finds itself in regarding their legal assault on Android. Oracle has had almost every single patent they are asserting in the case found to be invalid by the USPTO on either a final or preliminary basis. In light of that, the presiding judge had given Oracle until this coming Friday for to present a plan on whether they want to drop all but the one remaining patent that isn’t being called into question, or push the entire trial back until the USPTO can do its final review of the patents that are at the preliminary invalidation phase.

Pushing the trial back until the preliminarily rejected patents are fully reviewed would probably mean another 12-18 months – an eternity in the fast-paced mobile platform wars. Oracle was hoping to get an injunction on Android in the near future, and this would basically eliminate that possibility. Oracle’s other option is push for a rapid copyright-only trial by withdrawing their patents with prejudice – meaning they would be stipulating that they have “lost” the patent case, and will not be able to use those patents against Google in the future.

It’s not clear what Oracle will choose – they are basically out of good options. There is some question about whether Oracle has a legitimate chance at the copyright portion of the trial – there is a minimum of copied code that was used in the shipped version of Android (early reports of outright copying of entire files was a mistake in the AOSP version of the software), and many of the cases of “copying” are just retaining the same names for different files. Yet the copyright portion is probably Oracle's only chance at getting a ruling of any sort during this calendar year…at the cost of sacrificing the patents in their lawsuit.

We imagine there aren’t a lot of smiley faces in meetings between Oracle and their legal counsel right now. Florian Mueller of FOSS Patents, who tends to be somewhat bearish on all things Google, has indicated that if Oracle does not agree to withdraw their patents by this Friday that they are most likely using it to buy time to negotiated a face-saving settlement with Google (one that would be worth considerably less than the billions they originally asked for).

And if they do drop their patent case, they must feel pretty good about their chances with the copyright portion of the case, as they would be making quite a gamble to try and get a rapid ruling in the case. We’ll be sure to keep you posted as we get closer to the weekend.

source: FOSS Patents

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posted on 06 Mar 2012, 13:52 1

2. tward291 (Posts: 559; Member since: 14 Feb 2012)


this case has come along way but they should cut there losses and go with the copy right or just make a deal with google but google may feel to good and not wanna deal. oracle lost this one should of settled with google when they had the chance

posted on 06 Mar 2012, 13:59 7

3. Bluesky02 (Posts: 1439; Member since: 05 Dec 2011)


Hello Job Seekers, if you're looking for a job as Lawyer you're the lucky one. There is soo many ongoing lawsuits and companies are actively seeking for highly professional lawyers. Please forward your cover letter and curriculum vitae atwww.apple.com
Note : Candidates having an iPhone 4s iPad 2 would seriously be considered.

posted on 06 Mar 2012, 20:18 1

5. ZEUS.the.thunder.god (unregistered)


yeah and any experience/knowledge of german courts would be seriously considered.

posted on 07 Mar 2012, 01:43

6. Droid_X_Doug (Posts: 5530; Member since: 22 Dec 2010)


Meh. The attorneys who are raking in the coin on the patent litigation wars typically work for law firms and are billing the snot out of the respective cases they are working on. These attorneys have a minimum of 5 (probably closer to 10) years of patent/litigation experience and are at the top of their game. The partners in the law firms are probably taking home around $2-$5 million annually minimum. College funds are in place for their kids. At this point, they are basically working on building their retirement funds.

And the companies fighting the patent fight are willingly forking over the coin. What was the magic number for the Apple - HTC fight? $100 million?

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