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As Rayiner mentions, first they'll be a post-trial motion to vacate or overrule the jury verdict. Regardless of how those motions are decided the losing side wi
by bradleyjg 10y ago
As Rayiner mentions, first they'll be a post-trial motion to vacate or overrule the jury verdict. Regardless of how those motions are decided the losing side will appeal to the Ninth Circuit. Only after a Ninth Circuit panel and perhaps en banc panel rules will one side or the other try for a cert petition to the Supreme Court.
- dctoedt 10y agoI wonder whether this time the appeal will go to the Ninth Circuit, or whether instead it will return to the Federal Circuit?
- curt15 10y agoSince Oracle hasn't dropped its patent claims from the complaint (despite the fact that they've already been defeated), doesn't Oracle get to bypass the 9th circuit and vault the case back to the CAFC?
- bradleyjg 10y agoGood point. That's a corner of the federal rules I'm not nearly familiar enough with to give you a confident answer.
- DannyBee 10y agoIt will return to the federal circuit. The patent issues were not even appealed to the federal circuit the first time. "Because this action included patent claims, we have jurisdiction pursuant to 28 U.S.C. § 1295(a)(1)" ... "The jury found no patent infringement, and the patent claims are not at issue in this appeal. " See Oracle America v. Google, Inc. (http://www.cafc.uscourts.gov/content/oracle-america-inc-v-google-inc-opinion http://www.cafc.uscourts.gov/content/oracle-america-inc-v-go...) The federal circuit will, in turn, pretend to apply ninth circuit law.