Calling all lawyers

Not to make light of the United States' broken legal system, but it's hard for me to take all these lawsuits over ideas very seriously.  Apparently, the Hon. Willam Alsup agrees, and he has thrown out 129 of Oracle's claims against Google in the pending lawsuit, cutting down the number to three.  The 129 dismissed claims also can't be refiled in Judge Alsup's court, or any other.  From Judge Alsup's order:

Currently, there are 132 claims from seven patents asserted in this action, and there are hundreds of prior art references in play for invalidity defenses. This is too much. The following schedule will ensure that only a triable number of these items — three claims and eight prior art references — are placed before the jury in October, all others to be forsaken. Oracle will surrender all of its present infringement claims against Google based on the 129 asserted claims that will not be tried. Oracle may not renew those infringement claims in a subsequent action except as to new products.

I'm no lawyer, but it sounds to me like the news of Android's certain demise at the hands of Oracle's lawyers was a bit premature.  (I still think Tim Bray says it best (NSFW)) We have no idea how the three claims that are left will be decided, but I am confident that the judge presiding over the case wants justice, and isn't pandering to the big corporations on either side.  And that's all any of us should ask for.  All you legal eagles can read more, including the full text of the order, at the source link.

Source: GroklawThanks, Darrin!

 

Reader comments

Judge throws out 129 of Oracle's claims against Google, leaves 3

13 Comments

Nice. Now they have less ammunition to use on Google. Of course, they aren't out of the woods yet. It is yet to be seen just how powerful those 3 patents are. Still, the odds are looking a little better.

The judge didn't actually throw out any specific claims. The order is for Oracle to select three patent claims to bring to trial, and for Google to select eight prior art references relating to those claims. It's not directly related to the merit of the suit, just the logistics of bringing hundreds of items to trial. That said, this clearly benefits Google.

More interesting is the order for Google and Oracle to comment on whether reexamination might moot the trial--that is, whether the examiner will find the patents themselves invalid. I'm pretty sure Google and Oracle will have pretty widely diverging views on that matter.

FrasierCrane is right... another android site (won't name names of competitors) has a really good article explaining why this isn't that big a deal.

Ok, this is not funny...

Is that ICE on the water for the kitten?.

The picture is very disturbing. That's called animal cruelty and it's illegal.

NOT funny at all.

BAH! Everyone seems to dislike us attorneys until they need one, and then all of a sudden, we're indispensable. BAH!