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| Authored by: darrellb on Wednesday, June 20 2012 @ 05:12 PM EDT |
| The jury's decision can be appealed, I think. [ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, June 20 2012 @ 06:28 PM EDT |
Wikipedia: Although the Federal Circuit typically
hears all appeals from any of the United States district courts where the
original action included a complaint arising under the patent
laws...
28 USC § 1295 - -
Jurisdiction of the United States Court of Appeals for the Federal
Circuit:(a) The United States Court of Appeals for the Federal
Circuit shall have exclusive jurisdiction—
(1) of an appeal from a final
decision of a district court of the United States, the United States District
Court for the District of the Canal Zone, the District Court of Guam, the
District Court of the Virgin Islands, or the District Court for the Northern
Mariana Islands, if the jurisdiction of that court was based, in whole or in
part, on section 1338 of this title, except that a case involving a claim
arising under any Act of Congress relating to copyrights, exclusive rights in
mask works, or trademarks and no other claims under section 1338 (a) shall be
governed by sections 1291, 1292, and 1294 of this title.... I think
both mean that if the original case had anything to do with patents, the Federal
Circuit CoA gets the whole thing. You don't split it and appeal different parts
to different places.
For the second link, make sure you are looking on
the "US Code" tab.[ Reply to This | Parent | # ]
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- Hmmm, maybe not - Authored by: argee on Thursday, June 21 2012 @ 02:24 AM EDT
- Hmmm, maybe not - Authored by: Anonymous on Thursday, June 21 2012 @ 04:34 AM EDT
- No choice - Authored by: Anonymous on Thursday, June 21 2012 @ 10:17 AM EDT
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| Authored by: Anonymous on Wednesday, June 20 2012 @ 08:45 PM EDT |
Aside from your point (and I agree with the people above who pointed
out why
it would go the the Federal Circuit), what makes you think they
wouldn't appeal
the patent verdict? Juries find facts, which can be
overturned (though with
some difficulty), but more importantly all the
judge's legal determinations
(such as claim construction) can be reviewed
de novo.
Not that I am
rooting for them, but Oracle would be silly not to appeal
all of their losses
if they appeal any of them. I expect Google to appeal any
of their losses just
as vigorously. They're clearly both in this to win. [ Reply to This | Parent | # ]
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