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USPTO throws out several more Oracle patents, Android lawsuit almost entirely about copyright now

Posted: , by Scott H.

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USPTO throws out several more Oracle patents, Android lawsuit almost entirely about copyright now
And the hits just keep on rolling…against Oracle’s lawsuit against Android. The United States Patent and Trademark Office made a final ruling of non-validity against two more of the patents that Oracle is trying to assert, and made a preliminary indication that a third also is not valid.

Of the seven patents originally asserted against Google, two were withdrawn by Oracle, and four have been found to be not valid, leaving Oracle with a single patent remaining for trial. In theory Oracle can still try to assert the patents if it wants to try and appeal the rulings, but a jury is unlikely to be impressed by an argument that Android is ripping off patents that the US patent office doesn’t think are valid.

While Oracle will most likely attempt to assert the single remaining patent, they still have to prove to a jury that Android actually infringes on it. Even if found to be valid AND infringed on, Oracle will probably have trouble convincing a jury that Google willfully infringed on it, since a reasonable party will be more inclined to believe Google’s claim that they didn’t think the patents were valid in light of the USPTO’s review.

Which means the current Oracle lawsuit is now really about copyright and APIs – an area that is very controversial among copyright experts. As Goklaw observed, the API’s in Android appear to be different from Java, it’s the names of the files that are the same. Some of Sun’s files were directly copied over in the AOSP code, but those copied files were not shipped in any Android device, and apparently were removed as soon as the error was pointed out.

In short, Oracle has all but lost the patent portion of the trial before it began, and is now trying to win greatly reduced damages based a controversial application of copyright law to small snippets of code. We certainly wouldn’t rule out the possibility that Oracle could win some sort of compensation from Google, but it’s unlikely to be able to threaten Android as a platform.

We wonder if Oracle is wishing right now that they’d taken Google up on its offer to settle the lawsuit last summer…

source: FOSS Patents, Groklaw

6 Comments
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posted on 23 Feb 2012, 14:35 7

1. baaam (Posts: 61; Member since: 06 Jan 2012)


1 down!! that leaves Apple and Microsoft since Motorola will be Googlerola now!! go Google!!

posted on 23 Feb 2012, 22:04 5

6. G2Noobin (Posts: 81; Member since: 17 Dec 2011)


Let it be known Apple still sucks...

posted on 23 Feb 2012, 14:47 14

2. DigitalJedi_X2 (banned) (Posts: 346; Member since: 30 Jan 2012)


And this is what I keep telling people. From Oracle, down on to Apple and Microsoft... Google and Android are slowly but surely being vindicated because the patents that these patent trolls keep trying to assert are either being thrown right out as invalid or proven invalid on appeal. Slowly but surely this little consortium led by Apple, Oracle and Microsoft are being shown for what they really are... patent trolls. In Oracle's case it was a simple greedy money grab and in Apple and Microsoft's case it's that they simply can't compete in the long run against Android so they go to plan B which is "Why Innovate, Just litigate".

posted on 23 Feb 2012, 16:33 4

3. corporateJP (Posts: 1820; Member since: 28 Nov 2009)


The patent game now is just as bad as the mortgage game was.

All false pretenses built on a house of cards.

posted on 23 Feb 2012, 17:44 6

4. putanginanyo (Posts: 3; Member since: 09 Feb 2012)


Haha! Florian Mueller must have felt very sad writing about the fact that he was wrong! If we all remember, he was saying doom was upon Android and agreed that billions must be paid by Google to Oracle.

posted on 23 Feb 2012, 19:13 7

5. JonGarrett (Posts: 29; Member since: 06 Aug 2011)


yeah, Florian is just another apple fan boy. I only follow him to keep up with whats going on but everytime apple wins, his p***y gets dripping wet. ha ha ha.

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