U.S. District Judge William Alsup entered an order setting April 16 as the start of the trial in the Oracle vs. Google patent-infringement case.
The judge overseeing the Oracle
vs. Google patent-infringement case has set a trial date of April 16 to begin
trying the casewhich is expected to take about eight weeks to complete.
On March 13, U.S. District Judge
William Alsup entered an order setting April 16, 2012, as the definitive trial
date for Oracle vs. Google at the
United States District Court for the Northern District of California. The trial
was originally set to start on Oct. 31, 2011, but was postponed.
In a March 13 post on the trial
update, Florian Mueller, author of the FOSS Patents
blog, who has been
following the case closely, said Judge Alsup essentially adopted Oracles
proposed course of action for the trial. Mueller said:
Friday, the parties had to respond to questions concerning the trial-readiness
and potential streamlining of the case. Oracle offered to withdraw up to
three patents, provided that those stand rejected (even if on an
appealable basis) at the time of a spring trial. This would narrow the case
down to only two patents, and Oracle's mostly API-related copyright-infringement
claims. Google, by contrast, argued that the case shouldn't go to trial before
the fall. This scheduling order is totally in line with Oracle's proposala
proposal that I admit I thought would have to be amended (such as by dropping
one more patent).
did the judge adopt Oracle's and reject Google's proposed course of action, but
he also sided with Oracle in the final sentence of today's order on a
streamlining issue. He said, "Google is hereby
encouraged to withdraw its invalidity defenses that have failed in the
reexamination process as a way to further streamline the trial on the two
patents remaining in suit."
Meanwhile, relating to damages
in the case, in his latest order Judge Alsup threw out some of Oracle's damages
theories, Mueller said. Moreover, Mueller argues that at this point the case is
no longer so much about damages. Said Mueller:
rate, damages are not what this case is primarily going to be about. At this
stage, I don't think Oracle will win multi-billion dollar damages. But Oracle
already made it clear months ago, and pointed out again and again over time,
that its priority is to win an injunction against Android in order to "bring Android back into the Java
fold." A patent-based injunction of narrow scope could be
worked around. However, if Oracle wins an injunction based on copyrighted
API-related material, it's possible that Google will indeed have to accede to
Oracle's demand to adhere to the official Java standard (or that Google will
have to pay a much higher price in order for Oracle to condone continued
fragmentation of Java).