Reexaminations – Detailed Tables – UPDATED
Wednesday, June 29 2011 @ 07:56 AM EDT

A number of readers wrote in asking for more detail in the tables showing the reexaminations in the Oracle and Interval Licensing cases. Specifically, folks asked for a breakdown by type of claim, greater clarity as to whether claims were simply excluded from reexamination or confirmed by the examiner upon reexamination, and a bit more explanation about how the table works. So here we go.

In these updated tables we now show claims by type, independent versus dependent, since independent claims tend to be far more important. We have also added a new column to show claims that were the subject of the reexamination petition but which, after due consideration by the examiner, were confirmed, i.e., not rejected.

Some clarification on the percentages shown. Percent of All Claims is percentage of all claims by type. In other words, the fact that 52 out of 56 independent claims were subject to reexamination in the table below means that 92.86% of the independent claims in those seven patents were reexamined.

In contrast, Percent of Claims Reexamined shows the calculation of claims subject to reexamination that have been rejected in an office action to date, so it only calculates the percentage on those patents that have had an office action, excluding those that have not. In the case below that means that 15 of the 17 independent claims subject to reexamination in patents ‘702, ‘520, ‘476, and ‘720 were rejected, or 88.24%.

Finally, a claim is shown as surviving if it was (a) not subject to reexamination, (b) subject to reexamination but confirmed, or (c) approved for reexamined but not yet reexamined, i.e., no first office action has issued. So if you add the columns Claims Rejected and Claims Surviving it equals the totals in the Claims columns.

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Oracle v. Google as of 2011-06-27























Patent No. Claims Claims Not Subject to Reexam Claims Subject to Reexam Claims Rejected Claims Confirmed Claims Surviving

Ind Dep Ind Dep Ind Dep Ind Dep Ind Dep Ind Dep
RE38104 30 11 2 8 28 3 – – – – 30 11
5966702 4 19 1 13 3 6 3 6 0 0 1 13
6061520 4 19 0 1 4 18 2 6 2 12 2 13
6125447 5 19 0 0 5 19 – – – – 5 19
6192476 7 14 0 0 7 14 7 10 0 4 0 4
6910205 3 11 1 7 2 4 – – – – 3 11
7426720 3 19 0 2 3 17 3 17 0 0 0 2
Totals 56 112 4 31 52 81 15 39 2 16 41 73
Percent of All Claims 100.00% 100.00% 7.14% 27.68% 92.86% 72.32% 26.79% 34.82% 3.57% 14.29% 73.21% 65.18%
Percent of Claims Reexamined





88.24% 70.91%



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Interval Licensing vs. AOL et al
as of 2011-06-27






















Patent No. Claims Claims Not Subject to Reexam Claims Subject to Reexam Claims Rejected Claims Confirmed Claims Surviving

Ind Dep Ind Dep Ind Dep Ind Dep Ind Dep Ind Dep
6263507 15 114 11 90 4 24 – – – – 15 114
6034652 9 9 5 4 4 5 – – – – 9 9
6788314 6 9 0 0 6 9 6 9 0 0 0 0
6757682 3 17 0 4 3 13 1 13 2 0 2 4
Totals 33 149 16 98 17 51 7 22 2 0 26 127
Percent of All Claims 100.00% 100.00% 48.48% 65.77% 51.52% 34.23% 21.21% 14.77% 6.06% 0.00% 78.79% 85.23%
Percent of Claims Reexamined





77.78% 100.00%



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UPDATE

In the above tables the columns marked Ind and Dep refer to independent and dependent claims, respectively. Independent claims, as the term implies, are claims that stand independent of any other claims made. They are the broadest and most important claims. Dependent claims, as the term implies, are claims that are dependent on other claims, either independent or dependent, and tend to further refine or narrow the scope of the claimed invention. As discussed in this earlier story, the loss of independent claims can be huge in infringement litigation, and to the extent a dependent claim survives reexamination while the claim(s) on which it depends do not, the dependent claim is read to incorporate all of the language of the claims upon which it depends.


  


Reexaminations – Detailed Tables – UPDATED | 55 comments | Create New Account
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What come next?
Authored by: Anonymous on Wednesday, June 29 2011 @ 09:56 AM EDT
This piece explained to me how a patent may be invalidated. It would be wonderful if people submitting comments on Groklaw can outline the likely ‘angle of attack’ Google and its lawyers might employ in invalidating each one of these patents.

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Corrections – show the error so it’s easy to find
Authored by: jsoulejr on Wednesday, June 29 2011 @ 10:16 AM EDT
n/t

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Off Topic — REALLY!
Authored by: jsoulejr on Wednesday, June 29 2011 @ 10:17 AM EDT
n/t

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News Picks – doesn’t hurt to add a link
Authored by: jsoulejr on Wednesday, June 29 2011 @ 10:19 AM EDT
n/t

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COMES — it really appreciated
Authored by: jsoulejr on Wednesday, June 29 2011 @ 10:20 AM EDT
n/t

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Reexaminations – Detailed Tables
Authored by: jsoulejr on Wednesday, June 29 2011 @ 10:23 AM EDT
Thanks, it clears things up.

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Nortel Patent Sale
Authored by: maroberts on Wednesday, June 29 2011 @ 12:36 PM EDT
Given Google’s fairly defensive patent strategy, whilst they are obviously
competitors, it would probably be worthwhile for Apple and them to come to some
sort of patent non-aggression pact, where Google acquires the Nortel patents and
some sort of Apple/Google cross licensing pact is agreed.

I’ll send the companies the bill for my idea 🙂

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UPDATE X2
Authored by: Anonymous on Saturday, July 02 2011 @ 08:18 PM EDT
It appears a non-final rejection has been issue on the ‘447 patent with all 24
claims rejected.

http://www.whda.com/blog/2011/06/oracle-v-google-android%C2%AE-update/#more-2496


The patent attorney also makes the opinion that the rejections of the ‘520
patent is weak.

BTW: The top reexam blogs:

http://www.whda.com/blog/
http://www.patentspostgrant.com/


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Reexaminations – Detailed Tables – UPDATED
Authored by: Anonymous on Wednesday, July 06 2011 @ 03:40 PM EDT
Any more news on the newly rejected claims (all 24) of the
6,125,447 patent due to prior patent and prior art.

"The validity of another Oracle patent has become doubtful
in the dispute with Google about the infringement of Java
patents and copyrights on Android devices. The US Patent
Office and Trademark Office (USPTO) has provisionally
declared all 24 claims of patent number 6,125,447 as being
invalid. The USPTO based its decision on a patent that had
been used in another case. This patent was granted in 1994 –
three years before Sun filed its Java patent application.
The US patent office also considered two publications
released in 1996 as evidence that Sun’s described method for
protecting applications via "protection domains" was
anticipated by "prior art."

http://www.h-online.com/open/news/item/Another-problem-for-
Oracle-s-patents-1273038.html

It’s funny how little notice this is getting.

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