Oracle’s patent infringement suit against Google over the Java implementation in Android may be facing a significant setback: of the 21 patents Oracle claims Google is violating, the U.S. Patent and Trademark Office has rejected 17 claims on re-examination. As a result, the judge in the case has asked both Oracle and Google to reduce the number of claims they are making against each other in order to avoid wasting the court’s time on patents that will likely be ruled invalid or uninfringed.
Oracle has not yet indicated how it intends to proceed in the case, but options include appealing the patent re-examination, reducing the number of claims it is making against Google. Earlier this month, Oracle began to describe the damages it aims to collect from Google in the case: one court filing estimates the damages at over $6 billion. Google has disputed the manner in which Oracle arrived at its figures.
Oracle has not yet indicated how it intends to proceed in the case, but options include appealing the patent re-examination, reducing the number of claims it is making against Google. Earlier this month, Oracle began to describe the damages it aims to collect from Google in the case: one court filing estimates the damages at over $6 billion. Google has disputed the manner in which Oracle arrived at its figures.
Oracle filed suit against Google last year over alleged patent violation in the Java virtual machine used in Android. Google maintains it has done nothing wrong.
Overall, Oracle has made 168 infringement claims against Google to on seven patents. The USPTO’s process is ongoing.
Oracle's case against Google is that it infringed seven of its patents relating to the Java VM and originally it made a total of 168 claims. As well as preparing to battle this out in court, Google requested the US Patent and Trademark Office to re-examine the seven patents involved.
The USPTO has now completed its reexamination of Patent Number 6192476 and dismissed all but four of Oracle's claims. In the case of the other two patents so far re-examined all the claims subject to re-examination were rejected but some of the claims asserted by Oracle were not subject to re-examination. The current tally is that 92% of the re-examined claims have been thrown out. According to Groklaw, the source of these figures, this is:consistent with reexamination stats that have been produced in academic studies showing 90+% of claims being rejected on reexam
Oracle's case against Google is that it infringed seven of its patents relating to the Java VM and originally it made a total of 168 claims. As well as preparing to battle this out in court, Google requested the US Patent and Trademark Office to re-examine the seven patents involved.
The USPTO has now completed its reexamination of Patent Number 6192476 and dismissed all but four of Oracle's claims. In the case of the other two patents so far re-examined all the claims subject to re-examination were rejected but some of the claims asserted by Oracle were not subject to re-examination. The current tally is that 92% of the re-examined claims have been thrown out. According to Groklaw, the source of these figures, this is:consistent with reexamination stats that have been produced in academic studies showing 90+% of claims being rejected on reexam
Other Business News:
Fujifilm NP-45 battery
Sony vgp-bps2 battery
Dell inspiron 1200 battery
Groklaw continues:
If that stat [92%] holds for the remaining four patents, Oracle will only have about 48 claims out of 168 that survive, and not all of those will be independent claims [NB: A dependent claim that survives is not worth much if its associated independent claim does not survive. The real value in these patents is in their independent claims.
So Oracle has a dilemma.
Judge Alsup had ordered it to reduce the number of claims to a "triable" number and set that at 3, with the rider that the asserted claims not being tried could not be renewed. When Oracle demurred and argued that it wanted to assert at least one claim per patent the Judge postponed the decision about how many claims to try until the pre-trial conference but also raised the issue of delaying the trial until the patent re-examination was complete.
Fujifilm NP-45 battery
Sony vgp-bps2 battery
Dell inspiron 1200 battery
Groklaw continues:
If that stat [92%] holds for the remaining four patents, Oracle will only have about 48 claims out of 168 that survive, and not all of those will be independent claims [NB: A dependent claim that survives is not worth much if its associated independent claim does not survive. The real value in these patents is in their independent claims.
So Oracle has a dilemma.
Judge Alsup had ordered it to reduce the number of claims to a "triable" number and set that at 3, with the rider that the asserted claims not being tried could not be renewed. When Oracle demurred and argued that it wanted to assert at least one claim per patent the Judge postponed the decision about how many claims to try until the pre-trial conference but also raised the issue of delaying the trial until the patent re-examination was complete.
CloudTags: Google, win, Oracle patent, battle, bestlaptopbatteryuk, Panasonic P-V212 battery, camcorder Battery
没有评论:
发表评论