Posted May 24, 2012 0:42 UTC (Thu) by JoeBuck (subscriber, #2330)
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It is not behind us until the appeals are over with (or if Oracle decides not to appeal).
Google wins patent case against Oracle
Posted May 24, 2012 2:29 UTC (Thu) by kevinm (guest, #69913)
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It's not behind us yet. Judge Alsup has yet to rule on whether the "Structure, Sequence and Organisation" of the Java API is copyrightable. This is actually the part of the case which is of most interest and importance to the rest of us. It's also the part that is likely to be appealed, no matter which way he jumps. Being found not to infringe the patents is nice for Google, but doesn't mean too much to anyone else, because every patent trial is pretty much a roll of the dice anyway.
Google wins patent case against Oracle
Posted May 24, 2012 3:43 UTC (Thu) by jtc (subscriber, #6246)
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"... It's also the part that is likely to be appealed, no matter which way he jumps."
I'm curious, in case anyone knows: Is there much of a chance the appeal process for the API issue could end up in the supreme court?
Google wins patent case against Oracle
Posted May 24, 2012 4:14 UTC (Thu) by aryonoco (subscriber, #55563)
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First of all, the appeals process is not very clear at this point. Patent appeals are all heard by the Federal Circuit Court, which is notoriously patent friendly. Copyright is still appealed through the traditional way, which in this case will the 9th Circuit court of appeals.
If Oracle decides to appeal the patent verdict (very difficult as it is a jury verdict), it will go to the Federal Circuit Court. There, Oracle could argue that the case is so intricately linked with its Copyright claim that the court might decide to hear the case all together. If Oracle decides to appeal both Copyright and Patent verdicts, and the Federal Court decides against hearing the Copyright section, then the patent phase will be heard by the Federal Circuit Court and the Copyright section by the 9th Circuit court.
If Oracle decides to appeal just the Copyright verdict, it will definitely then only be heard by the 9th Circuit Court. This is most likely if J. Alsup rules that the SSO of Java API are not patentable. Appealing the patent verdict will be very difficult for Oracle cause it is a Jury decision so unless Oracle has a problem with one of the Judge's directions to the Jury or as a matter of law, then it's very difficult to appeal.
However this case is appealed, and whichever appeal court hears the case (Federal Circuit court or the 9th Circuit court), if Oracle doesn't like the verdict it can still seek leave to appeal to the Supreme Court, but the likelihood that the Supreme Court will actually hear the case is very remote. The Supreme Court generally only hears a fraction of the cases that apply to it, and those are generally cases in which different lower courts have come to different verdicts on similar issues. I don't see the Supreme Court hearing.
PS: IANAL
Google wins patent case against Oracle
Posted Jun 2, 2012 14:53 UTC (Sat) by jjs (guest, #10315)
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The SSO was never about patentability - it was about ability to copyright. So that will go to the 9th Circuit.