Another Crack in Oracle’s Case Against Google

“Oracle in its Answer to Google’s Amended Counterclaims alleged that the doctrine of assignor estoppel barred Google’s assertion of invalidity based on Google’s employment of and being in privity with some of the inventors of the seven patents-in-suit


1. Oracle’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.

About Robert Pogson

I am a retired teacher in Canada. I taught in the subject areas where I have worked for almost forty years: maths, physics, chemistry and computers. I love hunting, fishing, picking berries and mushrooms, too.
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One Response to Another Crack in Oracle’s Case Against Google

  1. oiaohm says:

    Really I want to see this section rule that the patents own to the inventor always. So that companies have two options pay the patent holder or pay the inventor to get patent.

    So making companies having to look after the inventors just as much as the patents.

    But that is of course hope. This is another section of law that has not been tested in court.

    Basically google vs oracle case is testing all the grey areas of copyright and patent law. So neither google or oracle will lose no matter the outcome of the case.

    Having the answers will make them harder competitor.

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