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Since 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 cir
by curt15 10y ago
Since 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.