“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 â€” three claims and eight prior art references â€” 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.”
It looks like Judge Alsup has pricked Oracle’s balloon. On the other hand, is he going for a “winner-takes-all” approach to the suit by eliminating so many claims and counter-claims? How can damages properly be assessed if claims are suppressed? It surely means this judge is unwilling to let tech giants snow him with useless data… Chuckle. I think that should be good for Google and FLOSS because FUD loves smoke and mirrors and openness loves clarity. I do.
I am sure some will claim the judge is taking sides but justice is not served by being delayed through a decade of sorting things out which can be seen to be irrelevant fluff at the start. That was a mistake made in SCOG v World, giving weight to fluff.