Robert Pogson

One man, closing all the windows.

office action rejecting all of the claims of U.S. Patent

  • Feb 23 / 2012
  • 0
technology

office action rejecting all of the claims of U.S. Patent

That’s what Oracle and Google reported to the court. Oracle claimed many violations of a bunch of patents by Google over Android/Linux and only one patent and a few claims have not been thrown out. Damages for these few claims may be less than the cost of the legal proceedings.

“On February 7, 2012, the PTO issued a final office action rejecting all of the claims of U.S. Patent No. 5,966,702 asserted by Oracle in this case. A response by Oracle is due on April 7, 2012.

On February 16, 2012, the PTO issued an Action Closing Prosecution rejecting all of the claims of U.S. Patent No. 6,910,205 asserted by Oracle in this case. A response by Oracle is due on March 19, 2012.

On February 16, 2012, the PTO issued a non-final rejection of all of the claims of U.S. Patent No. RE 38,104 asserted by Oracle in this case. A response by Oracle is due by April 16, 2012.”

If this is not evidence of the flimsiness of software patents and Oracle’s case, I don’t know what is. What use are patents that are not enforceable? Software should be protected by copyright only. Patents have no place in software because one cannot patent ideas and logic and that’s what software is all about.

The files supposedly copied illegally in Android/Linux have been removed, were a tiny portion of the code and were never delivered to devices/consumers, so those claims must surely be invalid or de minimis.

“THE COURT: So two parts: Does your Android use the Java virtual machine?

MR. VAN NEST: No.

THE COURT: All right.

MR. VAN NEST: It uses the Dalvik virtual machine.

THE COURT: All right, so let’s assume that’s right for the moment.

Does it use the code libraries?

MR. VAN NEST: It uses code libraries that are licensed from another party, Apache Software Foundation. It does not use the Java libraries, it uses –

THE COURT: Well, then, what part of Java do you use that you would need a license for?

MR. VAN NEST: None.”

see Oracle v. Google – Still Waiting on the Revised Cockburn Report

see Google Files Motion for Leave to File Motion for Summary Judgment on Oracle’s Copyright Claim – Updated 2Xs: Judge says not yet

see
Oracle v. Google – More Bad News for Oracle on the Patent Validity Front

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