Tuesday, September 27, 2011

Court Orders Third Mediation Talk Between Google And Oracle

Judge William Alsup, the federal judge presiding over Oracle vs Google case ordered case statements from both parties with three deadlines. FOSS Patents think that while still hoping for a settlement between the parties, (Court is bringing two parties together on October 1st for the third settlement talks), judge has not given up on October trail date. You can find much more detail about the statement and the case at FOSS Patents, follow the link at the end of the post.

First order is asking Oracle for;

"By NOON ON SEPTEMBER 29, 2011, counsel for Oracle America, Inc. shall submit a case management statement listing each patent claim it will actually assert at trial and shall explain why the total number of such claims is consistent with prior representations made to the Court. In stating the claims to be tried, counsel must remember that any claim not asserted will be deemed foregone as to all accused matters."
The second is towards Google;
"By NOON ON OCTOBER 3, 2011, counsel for Google Inc. shall state separately as to each such claim the full extent to which counsel concede any such alleged infringement but for any issues of invalidity and shall specify, claim by claim, any and all invalidity defenses to be asserted at trial."
And the third is regarding the reexamination of Oracle patents and stay of the case.
"By NOON ON OCTOBER 4, 2011, both sides shall update the Court on the status of each re-examination pending for each such claim and shall explain why the case should not be stayed in whole or in part until the re-examinations are completed. Counsel are expected to honor their full duty of candor as officers of the court."
With all the judges work towards a settlement, which seem not to be working, case looks like ready for trial. If it will be stayed or not will be the next juicy bit of information.
You can find FOSS Patents post on the issue here. All the court statements above came here via FP as well.

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