Judge tells Oracle, Google to narrow Android patent claims, prior art references

Judge tells Oracle, Google to narrow Android patent claims, prior art references

Summary: A U.S. District Judge told Oracle to narrow its patent claims over Android to a "triable number." Separately, Oracle subpoenaed Apache.

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TOPICS: Google, Oracle
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A U.S. District Judge told Oracle to narrow its patent claims over Android to a "triable number." Separately, Oracle subpoenaed Apache.

In an order May 3, U.S. District Judge William Alsup wrote:

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.

Alsup, who is trying to outline a schedule for the trial currently slated for October, said that there should be only three claims and eight prior art references placed before the jury. He added:

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.

The judge also said that the first reductions from both sides should be finished by the end of May.

A second claim cut---to 20 asserted claims and 60 prior art references---should be complete by the end of August. The final cuts will be completed following a summary judgment order. The summary judgment hearing will fall Oct. 13. The trial is set to start on Oct. 31, but Alsup noted that a postponement could make sense after reexaminations.

Separately, Oracle's subpoena of Apache should be interesting. Apache has until May 13 to produce materials for the trial.

Related: Oracle vs. Google over Java: Android lawsuits may begin to pile up

Topics: Google, Oracle

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4 comments
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  • Judge

    The judge finds Oracle case confusing. Not surprised.
    tatiGmail
  • I do not understand?

    How can a judge drop valid claims from a trial?
    Why does the judge not forse Orcale to split up the lawsuite on a patent per patent basis in stead ?

    Surely single patent cases should be triable?
    IE11
    • And he stole my M&Ms

      @IE9 Remember that the courts are being provided by the taxpayers, the jurors get a stipend but certainly not anything resembling what their time is worth, and Oracle cannot be permitted to hog the whole thing, no matter how many claims they have.

      These cases are complex enough already. With even two patents, most laypeople on the jury will struggle to understand the issues, and struggle again with the law surrounding the issues. Oracle is counting on the fact that if they throw enough mud, the jurors will probably cave under the weight of it all and award Oracle a victory on something. The judge sees this coming, has compassion for the fate of jurors subjected to this nonsense, and has moved to prevent it.
      Robert Hahn
    • RE: Judge tells Oracle, Google to narrow Android patent claims, prior art references

      @IE9

      First of all, that any of the claims is valid has yet to be seen. I think the per patent argument makes sense, though. Oracle is losing 100s of claims, Google is loosing thousands of references to prior art.
      tkejlboom