“Oracle in its Answer to Googleâ€™s Amended Counterclaims alleged that the doctrine of assignor estoppel barred Googleâ€™s assertion of invalidity based on Googleâ€™s employment of and being in privity with some of the inventors of the seven patents-in-suit
NOW THEREFORE THE PARTIES HEREBY STIPULATE AND AGREE that:
1. Oracleâ€™s First Affirmative Defense (Assignor Estoppel) as against Google Inc. shall be dismissed with prejudice. “
There you have it. Oracle told the court that Google could not claim Oracle’s patents were invalid because a former employee of SUN went to work for Google. Google’s attack on the patents has killed quite a few claims with more of that to come and Oracle has abandoned the foolish argument that Oracle made that Google could not claim the patents were invalid now that they employed one of the inventors. The two issues are irrelevant, legally.
Oracle started by claiming $billions in damages but as each patent or claim is invalidated the potential damages are sliding away. The judge said that $100 million would be a reasonable starting point even if all the patents were valid. Now the potential damages must be only a few $million, hardly enough to worry Google, me or the hundreds of millions of consumers clamoring to buy a gadget running Android/Linux. Oracle, Apple and other similar clowns look pretty foolish. Worse, they have told the world how foolish they are. That can’t be good for business.