Google won't face Oracle in court until next year
Judge proposes three-phase trial to deal with copyright and patent issues
The Oracle v Google patent punch-up definitely won't be heard this year, according to a court filing.
The Northern California court judge, William Alsup, has said that "the trial will not be in 2011", in a filing that also lays out the trial plan for the case.
Oracle is suing for both copyright and patent infringement over Google's use of Java Standard Edition in its Android mobile OS.
The judge is proposing that the case be heard in three phases in front of the same jury, with phase one dealing with copyright claims, phase two hearing the arguments on patents and then phase three taking care of all other issues, including damages and wilfulness.
However, evidence presented at any stage can be used in another stage, the court document said, adding:
If, for example, more general “Java” issues are pertinent in Phase One ... then the more general evidence on “Java” may be presented in Phase One and considered again, as relevant, in any subsequent phase.
The two parties have until noon on 18 November to offer any legal arguments against the proposed plan. ®
pity the jury
if it works anything like it does here in the UK, those poor sods are going to getting damn near life in jail (well the court house anyway) for the pleasure of having been good citizens.
And me with all this popcorn ready to go!
Jurors are supposed to be "regular folk and not boffins." Boffins are brought in to testify and explain the facts to the non-technical jurors.
This is how the judicial system works in the USA:
"Another factor in determining the impartiality of the jury is the nature of the panel, or venire, from which the jurors are selected. Venires must represent a fair cross-section of the community[...]"