The most controversial topic in patent appeals is on the issue of claim construction. Even though it is arguably an issue of fact, the CAFC has decided that they review claim construction orders de novo as a matter of law. I have read that as many as 30% of cases are remanded on this issue. The article I cite indicates that at the time they did their review, something like 29% of patent cases out of the Northern District of CA were reversed or vacated on this issue.

Count on this as being an issue raised by Oracle. I have no idea their chance of success, since, well, IANAL, and frankly don't care to read the details of the patents at issue (too close to my day job to be fun). I do seem to recall that this issue was decided mostly in favor of google, so they have the most to lose on a naive pundit-like level. Actually, they have the most to lose logically anyway, since well, they won it all, on the patent issue.

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I am pretty sure it will go to CAFC. I think (but admit I am not certain that) this case is still good law.

Also, google already filed an appeal in this case to the CAFC on a non- patent issue.

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• CAFC. - Authored by: Anonymous on Thursday, May 24 2012 @ 07:49 AM EDT
• What do you mean, "non-patent?" - Authored by: pem on Thursday, May 24 2012 @ 03:11 PM EDT