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Off Topic | 103 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Off Topic
Authored by: darrellb on Sunday, June 03 2012 @ 07:17 AM EDT
Good question on what tolls the appeals clock. I think it's the Court's entry of
a final decision. It will incorporate the damages and other still pending
matters.

I expect both sides to appeal any unfavorable decision.

[ Reply to This | Parent | # ]

Off Topic
Authored by: PJ on Sunday, June 03 2012 @ 10:51 AM EDT
We have not seen the damage numbers for the 9 test files and the rangeCheck method. IIRC, they're for the judge to determine, right? when will we see them

Answer: the judge indicated it would be statutory only.

When does the clock start ticking for appeals? when does it finish ticking (meaning that if it finishes ticking at time t, we can expect BSF to file it at t-1 minute)

30 days to file a notice of appeal, and then 60 more days to actually file the brief, although there are footnotes for corner cases, as always with the law.

Can Google appeal to the judge's overruling the jury on the test files?

Yes.

The question of willfulness on the copying of the rangecheck and 9 test files also up to the judge, right?

I'm not sure on this, as I'd have to check the settlement agreement. But with statutory, and considering the judge told Oracle it was just a mistake and considering what he wrote about the test files in his ABI ruling, I think we can forget willfulness.

We saw at the SCO trial that the winner should also appeal everything that didn't go their way. Does this mean that we should start seeing appeals by Google, on all the parts where the judge seemed to bend backwards to help Oracle?

I'd never seen that "rule" before, and this is in a different Circuit, the 9th, N. CA., so what happened in SCO wouldn't necessarily apply here. The 10th Circuit is weird. (oops. did I say that out loud?)

[ Reply to This | Parent | # ]

  • Off Topic - Authored by: Anonymous on Monday, June 04 2012 @ 07:23 AM EDT
Off Topic
Authored by: Anonymous on Sunday, June 03 2012 @ 11:02 AM EDT
Are you sure BSF won't file at T+1?
There are a couple of unexpected holidays that are celebrated every year
coming up.

[ Reply to This | Parent | # ]

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