On Mar 6, 2011, at 4:44 PM, Miroslav Pokorny wrote: > > Case in point: At least 6 of the 8 patents that Oracle is suing Google with > are clearly total hogwash, not novel in the slightest, and I can name at > least 20 companies for every single one in clear infringement, with me being > 100% certain those companies came up with the idea all by themselves. And yet > no judge is even close to throwing them out as invalid. > > -- > > So why doesnt Google's team point this out ?
http://www.groklaw.net/article.php?story=20101111114933605 http://www.computerworld.com/s/article/9210383/Update_Google_legal_move_could_alter_course_of_Oracle_trial The problem here is that once a patent has been granted by the USPTO it is much harder to get it invalidated in court, which is why you see Google going to the USPTO before trying to do this in court. See http://www.insidebiz.com/blogs/kaufman-canoles/us-supreme-court-agrees-hear-challenge-burden-proof-standard-invalidity. The RIM - NTP case is an example where the defendant loses the case but later gets some or all of the patents it was "infringing" on overturned at the USPTO. The courts generally ignore the pending reexamination because they take so long even though the percentage of patents that are invalidated is quite high. Ralph -- You received this message because you are subscribed to the Google Groups "The Java Posse" group. To post to this group, send email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/javaposse?hl=en.
