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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Table of closed and pending motions? | 118 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections Hear
Authored by: DannyB on Wednesday, June 06 2012 @ 01:23 PM EDT
Please post any corrections here.


Quantity is substitute fo accurancy.

---
The price of freedom is eternal litigation.

[ Reply to This | # ]

Off Post Topics
Authored by: froggie on Wednesday, June 06 2012 @ 01:45 PM EDT
Please place your Off Post Topical items in this locational area

[ Reply to This | # ]

News Picks
Authored by: froggie on Wednesday, June 06 2012 @ 01:50 PM EDT
This is an area for Picky News items. Note that this is not a reference to the
New Orleans Times-Picayune Newspaper - but it could be.

[ Reply to This | # ]

Comes Transcriptions
Authored by: froggie on Wednesday, June 06 2012 @ 01:53 PM EDT
An area dedicated to posting the work of those intrepid souls who transcribe the
Comes documents for all of us to use. Our sincere thanks to them.

[ Reply to This | # ]

Costs
Authored by: maroberts on Wednesday, June 06 2012 @ 01:53 PM EDT
Whilst Google obviously won big overall, since Google lost on some issues,
presumably each side will be liable for its own legal costs? Maybe someone could
make an educated guess.....?

[ Reply to This | # ]

Case Management *Conference*?
Authored by: Guil Rarey on Wednesday, June 06 2012 @ 02:06 PM EDT
Is that not more likely to be held in chambers?

---
If the only way you can value something is with money, you have no idea what
it's worth. If you try to make money by making money, you won't. You might con
so

[ Reply to This | # ]

Oracle v. Google Case Management Hearing Reset to June 20 ~ pj
Authored by: Anonymous on Wednesday, June 06 2012 @ 02:19 PM EDT
While I completely agree with the final result, this case was completely
unnecessary and a result of the failure on Google's part not to clarify the
original scope of the discussions with Sun and thinking that there was safety in
ambiguity by not asking the questions you do not want to really know the answers
to e.g. "do you believe that the API are copyrighted?" The pity is at
the time of the discussions they probably would have receive the answer they
wanted.

Not too surprising for a young inexperienced tech company though. But for the
advice of a couple well seasoned lawyers who sat us down and gave us "the
talk", we almost made the same blunders a couple times.

The best lawyers the ones who keep you out of the courts altogether.

[ Reply to This | # ]

Oracle v. Google Case Management Hearing Reset to June 20 ~ pj
Authored by: Anonymous on Wednesday, June 06 2012 @ 04:24 PM EDT
Actually PJ you are mistaken. The trial record shows that the 9 test files was
put into Android source repository by the company Noser. The files were reverse
enginereered and very much not created by Noser.

Noser did this despite written instructions from Google to only use clean
sources. I think that Google might have a pretty solid case if they want sue
Noser to make them pay for their error. Hopefully the charges will be so small
that Google don't care.

It would be awkward if trivial test files that verify an API has been correctly
implemented was considered a serious breach of copyright.

[ Reply to This | # ]

Table of closed and pending motions?
Authored by: Anonymous on Wednesday, June 06 2012 @ 04:40 PM EDT

As the big order last week was a bit vague as to which pending motions it disposed with, it would be good to supplement Groklaw's overview of the case with a table of pending and closed motions, ordered by date.

This would be a table with the following 6 columns:

  1. Date the date when the request was made by a party.
  2. Docket or transcript location of original motion or other request, any responses, rulings and other followup in chronological order. Examples of one location: "Dkt #123 App B #3 part 1", or "TX 1234.250 part 2". The first location raised the request, the last one disposed of it unless status is "pending".
  3. Party (G or O)
  4. Type This can be Motion, Objection, Claim, Demand etc.
  5. What Short one sentence summary.
  6. Status This can be one of "Granted", "Denied", "Moot", "Conceded", "Withdrawn" or "Pending".

Note if a request was disposed of in parts its table entry is split up in parts, by appending "part 1", "part 2" etc. to the docket or transcript location, like in the examples given.

For instance I think the Lindholm e-mail privilege appeal might still be pending, the claim that Google is guilty of indirect infringement is withdrawn, direct patent infringement is denied (by Jury), API usage affirmative defenses are currently moot over the judges ruling on API copyright validity. Some verbal objections at trial were disposed of instantly, while some written motions have been argued back and forth over many docket entries.

I think there is already a similar table for SCO v. IBM as part of the timeline.

[ Reply to This | # ]

Oracle v. Google Case Management Hearing Reset to June 20 ~ pj
Authored by: Anonymous on Wednesday, June 06 2012 @ 06:31 PM EDT
"What a waste, when you think this money could have been spent on products
for you and me, their customers, who in the end have to pay for everything, if
you really think about it."

No problem for Oracle, it will just raise the prices for its software and
support services.

[ Reply to This | # ]

Oracle v. Google Case Management Hearing Reset to June 20 ~ pj
Authored by: Anonymous on Wednesday, June 06 2012 @ 07:58 PM EDT
The true waste: an entire jury, being paid $15/day for weeks...

...so that two private multi-billion dollar companies can settle a dispute.

[ Reply to This | # ]

  • Settle? - Authored by: Anonymous on Wednesday, June 06 2012 @ 08:02 PM EDT
  • Unfair characterization - Authored by: Anonymous on Wednesday, June 06 2012 @ 10:18 PM EDT
waste - Oracle v. Google Case Management Hearing Reset .. pj
Authored by: Anonymous on Friday, June 08 2012 @ 09:13 AM EDT
I'm not so sure this was a complete waste. A decision that APIs are not
copyrightable has to be worth something.

[ Reply to This | # ]

Shouldnt Oracle pay for Google's legal fees etc
Authored by: Anonymous on Sunday, June 10 2012 @ 11:25 AM EDT
I always thought that the (unsaid) law in America is that the loser in a
litigation
has the responsibility of the winner's legal fees as well. Maybe this has to be

stated upfront, but if that is so then what is stopping certain patent trolls to

treat the legal system as some kind of lotto?

[ Reply to This | # ]

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