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Authored by: hardmath on Thursday, May 31 2012 @ 11:15 PM EDT |
You raise a question of validity for the "reexamination patent"
RE38,104 (James Gosling, inventor), but Google argued noninfringement at trial
(symbolic references were not in the instruction stream and were not resolved at
runtime).
The appeals court must defer to the jury's findings of fact, and in the absence
of manifest evidence of error, their role will be reviewing how the law was
applied.
Moreover the areas in which Oracle might argue for different application of the
law in this case are sharply restricted by the logic Judge Alsup applied in
deciding Oracle's motion for judgement as a matter of law on the patent
allegations. The jury based its findings on the instructions they were given,
and absent timely objections from the parties when those are submitted, appeals
based on a different proposed jury instruction go nowhere.
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"Prolog is an efficient programming language because it is a very stupid theorem
prover." -- Richard O'Keefe[ Reply to This | Parent | # ]
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