They still might. The time to appeal to 'these patents shouldn't have been 
granted' hasn't yet arrived in the progression of that court case. Its 
easier (in this phase) to get this case thrown out based on selective 
enforcement (the idea that Sun, by not suing google even though clearly they 
know what they were doing, has given tacit approval, and Oracle, having 
inherited this tacit approval along with other contractual obligations of 
Sun, cannot now sue).

The case is also still being fleshed out, i.e. the case is still in the 
phase that both parties are still engaged in completing the wording of the 
exact alleged offense. For example, that copyright infringement rider that 
Oracle tacked on their initial filing has only recently been sussed out a 
bit more.

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