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If anyone is free to attend the hearing, that'd be wonderful. | 188 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
"I'm satisfied."
Authored by: Anonymous on Tuesday, June 19 2012 @ 10:44 AM EDT
Good.

[ Reply to This | # ]

Kearl not quite paid yet
Authored by: Anonymous on Tuesday, June 19 2012 @ 10:47 AM EDT
Dr. Kearl has been paid in full for his work to date on this matter aside from his most recent June 8, 2012 bill which is currently being processed for payment.

[ Reply to This | # ]

Corrections
Authored by: feldegast on Tuesday, June 19 2012 @ 10:52 AM EDT
So PJ can fins them

---
IANAL
My posts are ©2004-2012 and released under the Creative Commons License
Attribution-Noncommercial 2.0
P.J. has permission for commercial use.

[ Reply to This | # ]

News Picks
Authored by: feldegast on Tuesday, June 19 2012 @ 10:53 AM EDT
Please make links clickable

---
IANAL
My posts are ©2004-2012 and released under the Creative Commons License
Attribution-Noncommercial 2.0
P.J. has permission for commercial use.

[ Reply to This | # ]

Off Topic
Authored by: feldegast on Tuesday, June 19 2012 @ 10:54 AM EDT
Please make links clickable

---
IANAL
My posts are ©2004-2012 and released under the Creative Commons License
Attribution-Noncommercial 2.0
P.J. has permission for commercial use.

[ Reply to This | # ]

Comes Thread
Authored by: feldegast on Tuesday, June 19 2012 @ 10:55 AM EDT
Thank you for your support?

---
IANAL
My posts are ©2004-2012 and released under the Creative Commons License
Attribution-Noncommercial 2.0
P.J. has permission for commercial use.

[ Reply to This | # ]

Dismissed?
Authored by: Kilz on Tuesday, June 19 2012 @ 11:25 AM EDT
From ORACLE’S PROPOSED FINAL JUDGMENT

WHEREAS, on May 31, 2012, the Court dismissed Oracle’s claim for copyright infringement as to the structure, sequence, and organization of the accused 37 Java API packages;
Didnt they loose this one, I dont think it can be said the claim was just ended.

[ Reply to This | # ]

If anyone is free to attend the hearing, that'd be wonderful.
Authored by: mirrorslap on Tuesday, June 19 2012 @ 01:09 PM EDT
Woohoo! I will be there... when does it start? Same courtroom?

[ Reply to This | # ]

Taxable costs?
Authored by: Anonymous on Tuesday, June 19 2012 @ 03:42 PM EDT
5. Taxable costs Google states that, as the prevailing party, it intends to seek its costs in this matter. Oracle will be prepared to address this issue at the conference.
What does that mean exactly? That Google can get some reimbursement for expenses?

[ Reply to This | # ]

Is there a prevailing party?
Authored by: Anonymous on Tuesday, June 19 2012 @ 08:57 PM EDT
Reading both parties proposed final order documents, they seem to agree that,
except for claims and counterclaims that were made moot, that Google won in
defending against most of Oracle's claims, and won all of it's own
counterclaims, but Oracle did win on 2 of the copyrights claims, so in a case
like that where both sides won on some of the claims, is there a
"prevailing party" as Google puts it, to be able to get costs awarded
to them? Is there any precedent in this area. I would assume that there would be
lots of precedent and for this to be a pretty well determined facet of the US
federal court system, but if they have to argue it at the hearing, maybe not.

If I were to sue someone over violating my rights over, say, 10 things, and a
jury found that the defendants had only violated my rights concerning 2 of those
things, I would still think that I was the prevailing party, or at least that
the defendants were NOT the prevailing party.

[ Reply to This | # ]

Change in management at Oracle
Authored by: IMANAL_TOO on Wednesday, June 20 2012 @ 03:48 AM EDT
www.manufacturing.net/news/2012/06/oracle-shares-slip-on-talk -of-management-shake-up

Oracle Corp.'s stock slipped Monday amid unsubstantiated reports that the business software maker is preparing to announce a reorganization that could include the departure of the company's top sales executive in North America.

Several securities analysts who follow Oracle telegraphed the possible shake-up in notes published Monday. Although they differed on how broad the reorganization will be, the analysts all said they had been told Keith Block is ending his 26-year career at Oracle. Block has been Oracle's executive vice president of North America sales and consulting for the past decade.

Nomura Securities analyst Rick Sherlund said he had been told by an unnamed industry source that Block left Oracle at the end of last week. JMP Securities analyst Patrick Walravens speculated that Block's departure is part of a "massive" reorganization of how the company sells software applications and computer hardware.
Could this be in any way related to the loss in Court?

It wouldn't surprise if it was.



---
______
IMANAL


.

[ Reply to This | # ]

Some thoughts on Oracle's proposed wording
Authored by: Anonymous on Wednesday, June 20 2012 @ 04:32 AM EDT
All patent infringement claims that are voluntarily dismissed under this Judgment are dismissed with prejudice except as to new products that Google may introduce after the date of this Judgment, pursuant to the terms of the Court’s May 3, 2011 and March 2, 2012 orders.

This seems to be a clear hint at future litigation, as PJ points out. But it doesn't end there:

16. Google’s Counterclaim for Declaratory Judgment of Invalidity of the ’104 Patent (Count Two) is voluntarily dismissed with prejudice....
20. Google’s Counterclaim for Declaratory Judgment of Invalidity of the ’520 Patent (Count Six) is voluntarily dismissed with prejudice....

Note that those are the two patents which were tried, and for which judgement was entered in favour of Google. Is Oracle trying to knock out Google's defenses in case they can get an appeal to go their way?

Compare to Google's version:

12. Google’s Counterclaims for Declaratory Judgment of Invalidity of the ’104 (Count Two), ’702 (Count Four), ’520 (Count 6), ’447 (Count Eight), ’476 (Count Ten), ’205 (Count 12), and ’720 (Count Fourteen) Patents are dismissed as moot.

From Google it's "moot", from Oracle it's "voluntarily dismissed with prejudice" (emphasis mine).

--------------

I also notice that Oracle's version continually specifies which ruling comes from which court order or jury verdict, where Google's does not. I suspect that Oracle may be planning to appeal one or more of those court orders or jury decisions, and they want a nice, easily referrable-to record of what decision led to what to make that appeal easier.

[ Reply to This | # ]

Verbal spanking by this judge
Authored by: Anonymous on Wednesday, June 20 2012 @ 10:32 PM EDT
RE: "And David Boies was publicly given a verbal spanking by this
judge."

Is this referring to Judge Alsup's statement to the effect that rangecheck could

have been written by highschoolers?

Sorry to ask but I've been on holiday and have missed parts of this trial.

[ Reply to This | # ]

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