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This order represents a good kick in the rear to the parties. Judge Alsup had suggested that Oracle cuts its claims from 142 to 3. Plainly, though, the law giv
by grellas 15y ago
This order represents a good kick in the rear to the parties.
Judge Alsup had suggested that Oracle cuts its claims from 142 to 3. Plainly, though, the law gives him no authority to force Oracle to do this (or to force Google to cut back its claims either).
What does he do? Well, he arm twists.
This order says to Oracle, in effect, "you want a quick trial, cut your claims back radically and keep it focused on the most serious of your claims; if you insist on your theoretical right to try everything that is legally cognizable, that is your right and I can't prevent that - but, in that case, I just might grant Google's motion to stay this entire case while it gets to take several years before the USPTO hacking away at your claims in re-examination proceedings."
The message to Oracle in particular: trim your case back radically and you get the carrot (a quick and expeditious trial focused on the most serious claims only); else, you just might get the stick (years of delay in getting your trial as your case gets progressively cut back in a side proceeding). This is a great illustration of how a strong judge keeps his docket under strict control. Oracle will not miss the message.
- Natsu 15y agoThat's one amazing judge. I wonder how Oracle will fight this? I can't imagine that they'll just meekly accept this.
- iwwr 15y agoWell, if the case hangs around for years, so does the uncertainty about Android's IP bona fide. What happens to the ecosystem if Oracle wins 5 years later? It's the judicial equivalent of FUD.
- stanleydrew 15y agoSomehow I don't think the uncertainty around this case is keeping too many people up at night. If Google lose they will be forced to pay damages and license the infringing patents. But Google has plenty of money for that.