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No counterclaims filed and your real question | 392 comments | Create New Account
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No counterclaims filed and your real question
Authored by: Steve Martin on Sunday, June 03 2012 @ 07:42 AM EDT

Google never filed any counterclaims in this case,

Strictly speaking, yes, in fact they did. Check docket [32], you'll find fourteen asserted Counterclaims, one for declaration of invalidity and one for declaration of non-infringement for each of the original seven patents-in-suit.

---
"When I say something, I put my name next to it." -- Isaac Jaffe, "Sports Night"

[ Reply to This | Parent | # ]

No counterclaims filed and your real question
Authored by: PJ on Sunday, June 03 2012 @ 11:14 AM EDT
Yes, on the issue of paying legal fees or
sanctions, I certainly wouldn't expect that.
It was an honest disagreement on the patents,
so the case as it started was not frivolous.
The APIs stuff was totally weird, but it's
not against the rules to try for an extension
of the law, and it ended up sliced pretty
carefully that *these* APIs are not copyrightable,
being functional, but some API somewhere might
not be strictly functional (although I have
trouble thinking up how that could be).

So forget any punishment of Oracle.

Other than it has a huge embarrassment and
it lost a lot of money in legal fees and it
lost some patents. If, like me, you think this
was just the opening move in what they had
hoped to make a crusade against lots more
victims, they lost that too, although I don't
rule out a continued attempt, maybe out of
the public eye.

[ Reply to This | Parent | # ]

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