Oracle loses bid to resurrect 3rd patent against Android
Judge Alsup was apparently not amused by the attempt to twist his own words, and ruled just a little while ago that Oracle may not reintroduce the ‘702, or “Gosling” patent back into the case. Worse for Oracle, they were basically told that this is on them; since Oracle was the one who requested the terms of the deal, the judge essentially indicated they will “just have to live with” having the Gosling patent dismissed with prejudice, meaning they can never again assert it against Google in a court of law.
The relevant part of the ruling says:
Oracle’s argument that the patent “trial” has not yet started is wrong. The (sic) was and is one trial with three phases. The trial started on April 16. This is not only the plain meaning of the term but any other interpretation would inject great prejudice given that the parties have relied on the issues to be tried and that reliance should not be turned on its head in mid-trial. Oracle will be required to stand by its word and live with the dismissal with prejudice.
If you want to read the whole thing (it’s just over a double-spaced page in length) you can click on the source link.
Source: Official Ruling via Wired