Feeds

Oracle v Google patent punchup probably postponed

Move along lads, an actual crime needs sorting out

The smart choice: opportunity from uncertainty

The first day of the Oracle versus Google patent trial is likely to be postponed from its current Halloween date to make way for an unrelated criminal case.

In a court filing on Wednesday, US District Judge William Alsup said the date would not yet be vacated "in hopes that the October 31st trial in the instant case can still go forward, even though that now seems unlikely".

Just the day before, the companies gave their side of the argument on whether or not the trial, or part of it, should be postponed anyway, pending the US Patent and Trademark Office's (PTO) re-examination of the patents in the lawsuit.

The court had asked Oracle if it was possible for the software company to narrow the number of its patent claims over Google's use of Java Standard Edition in its Android OS to an amount that was "more triable".

"The larger the number of patents and patent claims asserted, moreover, the more practical it will then seem to simply stay this case and see which claims survive PTO re-examination," the court ruled in May.

Google contends that "re-examinations are likely to narrow the set of asserted claims significantly".

"As of this date, the PTO has rejected all of the asserted claims of four of the six patents; the PTO has not yet issued an office action with respect to one of the patents; and the PTO has confirmed the patentability of the asserted claims of only a single patent over the cited art," the web advertising juggernaut said in its argument.

The Chocolate Factory asserts that for that reason, the court should delay the case until re-examinations are done.

For its part, Oracle has argued that there's no good reason to stay the case, since both companies have already done a lot to prepare for trial.

"It would be wasteful to lose the investment the parties have made in their time, energy, money, and executive attention by now putting the case on hold," Oracle said in its filing.

The company asserts that waiting on the USPTO could take years, so it would be "unjust" to postpone the trial. Oracle also points out that its copyright claims are separate from the patent dispute, so they shouldn't be postponed.

Oracle wants to hang on to as many claims as possible and bag a quick trial because that could put enough pressure on Google to settle. The strategy could work simply because the greater the number of issues in question, the more chance there is of some of them being upheld and Google could be unwilling to take that risk at trial. ®

Securing Web Applications Made Simple and Scalable

More from The Register

next story
NO MORE ALL CAPS and other pleasures of Visual Studio 14
Unpicking a packed preview that breaks down ASP.NET
Cheer up, Nokia fans. It can start making mobes again in 18 months
The real winner of the Nokia sale is *drumroll* ... Nokia
Mozilla fixes CRITICAL security holes in Firefox, urges v31 upgrade
Misc memory hazards 'could be exploited' - and guess what, one's a Javascript vuln
Put down that Oracle database patch: It could cost $23,000 per CPU
On-by-default INMEMORY tech a boon for developers ... as long as they can afford it
Google shows off new Chrome OS look
Athena springs full-grown from Chromium project's head
Apple: We'll unleash OS X Yosemite beta on the MASSES on 24 July
Starting today, regular fanbois will be guinea pigs, it tells Reg
HIDDEN packet sniffer spy tech in MILLIONS of iPhones, iPads – expert
Don't panic though – Apple's backdoor is not wide open to all, guru tells us
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.