Patent at heart of Oracle-Google spat is declared invalid
Decision could put case on hold while all the IPR in the complex case is reviewed, giving Android a breathing space
Published: 5 July, 2011
READ MORE: Oracle | Patents/IPR | Android | Java
Google received some consolation for its failure to acquire Nortel's patents portfolio when an Oracle patent, at the heart of the two firm's legal battle over Android, was declared invalid.
The US Patents and Trademark Office (USPTO) has now rejected five pieces of Oracle IPR, as the database giant seeks to prove that Android infringes its Java patents and copyright. The suit has raised many issues about ownership rights and licensing fees in open source software, with Oracle looking to leverage the Java technology it acquired with Sun to increase its power - and generate revenue. It has said it is seeking "billions of dollars" in damages from Google, with some analysts putting the potential figure as high as $6.1bn.
The latest USPTO decision raises the possibility that the case may be put on hold while the Office reviews all the IPR involved in the lawsuit. In the case of this new judgement, the agency said the Java patent at issue was anticipated by prior art, since the techniques involved were known before Sun filed its patent application. According to Bloomberg, patent lawyer Scott Daniels, of Westerman Hattori Daniels & Adrian, said five Oracle patents have now been rejected, although there is still the chance for the firm to appeal the decisions.
The judge in the case has called for Oracle and Google to reduce the number of infringement claims and defences made, noting that there were "132 claims from seven patents asserted in this action, and there are hundreds of prior art references in play for invalidity defences. This is too much." The case is due to be heard in October
The fight has highlighted Google's weak IPR position relative to its size and industry weight, a mismatch which led it to bid $900m for Nortel's huge IPR portfolio, only to lose out to a consortium.
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