Oracle loses bid to assert third patent in Google trial

The U.S. patent office issued a ruling in Oracle's favor, but too late for it to make any difference, a judge has ruled

Oracle has lost its bid to assert a third patent in its trial against Google, with a favorable decision from the U.S. Patent & Trademark Office coming "a few days too late," a judge ruled on Wednesday.

Oracle's original lawsuit accused Google of infringing seven Java-related patents in its Android OS, as well as Java copyrights. Google asked the patent office to reexamine all seven of the patents, and it managed to get five of them invalidated before the trial started.

The U.S. patent office sometimes grants patents that should not have been awarded, because the inventions were too obvious or not original enough, for example. Parties in legal disputes often ask for patents to be reexamined in the hope of getting them overturned.

Oracle appealed the patent office decisions that went against it, but to keep the case moving along it agreed to drop any patents from its suit that were not decided upon before the trial started on April 16. The patent office ruled in Oracle's favor on its patent, number 5,966,702, a few days later.

The trial is being held in three parts, to determine the copyright claims, the patent claims and any damages that Oracle will be awarded. Oracle argued that since the patent phase of the trial has not yet started, it should be able to include the '702 patent at trial.

Judge William Alsup, who is hearing the case, disagreed.

"Oracle's argument that the patent 'trial' has not yet started is wrong. There was and is one trial with three phases. The trial started on April 16," Alsup wrote in his ruling.

Oracle agreed to dismiss the patent "with prejudice," which means it can't assert it against Google at a later date, even in a new trial.

The patent describes a "method and apparatus for pre-processing and packaging class files."

James Niccolai covers data centers and general technology news for IDG News Service. Follow James on Twitter at @jniccolai. James's e-mail address is james_niccolai@idg.com

Join the PC World newsletter!

Error: Please check your email address.

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

James Niccolai

IDG News Service
Show Comments

Essentials

Microsoft L5V-00027 Sculpt Ergonomic Keyboard Desktop

Learn more >

Lexar® JumpDrive® S57 USB 3.0 flash drive

Learn more >

Mobile

Lexar® JumpDrive® S45 USB 3.0 flash drive 

Learn more >

Exec

Lexar® Professional 1800x microSDHC™/microSDXC™ UHS-II cards 

Learn more >

Audio-Technica ATH-ANC70 Noise Cancelling Headphones

Learn more >

HD Pan/Tilt Wi-Fi Camera with Night Vision NC450

Learn more >

Lexar® JumpDrive® C20c USB Type-C flash drive 

Learn more >

Budget

Back To Business Guide

Click for more ›

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?