Cloud Computing: Oracle v Google Android Trial Set for April 16
March 14, 2012
The District Court for the Northern District of California has officially scheduled the Android trial weighing Oracle’s infringement claims against Google for April 16. It should run eight glorious weeks.
Unless something happens, like the Patent and Trademark validating the claims of other Oracle patents during the trial – which could happen – Android will be in the dock for infringing only two Java patents held by Oracle plus – and now more importantly – Oracle’s API-related copyright claims. Google wanted the trial to wait until fall as originally scheduled. So Oracle got what it wanted…
And, as Oracle also wanted, the court "encouraged" Google "to withdraw its invalidity defenses that have failed in the re-examination process as a way to further streamline the trial on the two patents remaining in suit."
The judge is telling Oracle to stop claiming Oracle’s so-called ‘520 patent is invalid.
It’s the only one of the clutch of patents Oracle originally charged Google with violating to get through the Patent and Trademark Office’s re-examination unscathed. Oracle also means to use the dicier Gosling patent during the trial.
FOSS Patents, which has been following the case closely, says the largely API-related copyright infringement claims could have ramifications beyond this case considering some people claim APIs can’t be copyrighted.
The court has its own independent damages expert now, who will give the jury his opinion alongside Oracle and Google’s experts. Oracle wants damages but it also wants an injunction to "bring Android back into the Java fold" and make it adhere to the official Java standard, which is assumed to mean Oracle wants money to condone the apostasy.