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| Authored by: DieterWasDriving on Monday, April 16 2012 @ 05:52 PM EDT |
The majority of Sun/Oracle's patent claims were invalidated on review. A few of
those invalidated claims still exist pending the appeal review, but a reversal
is unlikely.
The few remaining patent claims are what's at issue.
The qualifications and limitations that Oracle had to resort to in order to
salvage those few may be fatal when they apply them to what Android does.
I expect that the applicability of each one of the remaining claims will be
hard-fought. Oracle had made massive copyright and patent claims, and the long
trial schedule was based on those estimates. The copyright claims have devolved
into a novel theory that APIs can be copyrighted, which presumably the judge has
to rule on as a matter of law.
That leaves almost all of the jury time for the patent claims. The judge
initially ordered the trial to be based on a subset of representative patents,
with the sample standing in for their whole patent portfolio. Oracle presumably
picked their strongest patents, but most of those patent claims have since been
invalidated. Each remaining claim stands in for dozens or hundreds of patents,
massively magnifying the importance of each trivial detail.
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