Much ink was spilled about Oracle’s lawsuit against Google for Android’s allegedly unlawful use of Java , and rightfully so, considering Team Ellison’s looking to take greater than a billion dollar chunk out of Google’s base line. Simply because Oracle’s damage calculations add as much as ten figures does not imply that the court will believe them, however. And, there is a long legal road to be tread before the court can assign a dollar value to the case — namely it must determine if the patent claims and copyrights are valid and whether Android actually infringes them.
That’s why Google requested the USPTO re-examine the patents asserted by Oracle, because the process gives Google a shot at invalidating them outside the courtroom. It feels like the tactic is paying off, as a type of re-exams recently ended in a rejection of 17 of the patent’s 21 claims — which reduces the selection of claims Oracle can assert in court accordingly. After all, those four remaining claims plus the 118 inside the other six asserted patents (should they survive the re-examination process) could still spell doom for the little green bots, however it is a victory, albeit a modest one, for the team in Mountain View. So, Oracle can have just a few less IP bullets to fireside Google’s way, but it’s still got lots of other legal ammo left. We’ll keep you posted when next shot’s fired.
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