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Google and Oracle Case Reduced

by Alex Blewitt on May 05, 2011 |

The litigation suit between Oracle and Google today has been pruned, resulting in 132 claims being reduced to 3. Not only that, but these claims can't be re-filed later, unless they are affected by a new product, according to the filing:

Currently, there are 132 claims from seven patents asserted in this action, and there are hundreds of prior art references in play for invalidity defenses. This is too much. The following schedule will ensure that only a triable number of these items — three claims and eight prior art references — are placed before the jury in October, all others to be forsaken. Oracle will surrender all of its present infringement claims against Google based on the 129 asserted claims that will not be tried. Oracle may not renew those infringement claims in a subsequent action except as to new products.

Meanwhile, Oracle has subpoenaed Apache over the issues with the Apache Harmony project, which was denied a Java TCK license due to field of use restrictions. Since most of the details are publicly available, it doesn't seem necessary to subpoena the details, although it does bring in the issue into the courts for the first time.

Last week, according to Reuters, Judge William Alsup issued a tentative claims construction order that outlines the scope of Oracle's patents. Three of the seven patents were addressed, with Alsup siding with Oracle's interpretation of four of the five technical terms that were contested by Google.

The case is set to be heard towards the end of October.

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