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.

Oracle, Google Willing To Discuss Settlement In Court - Google Android Lawsuit

The federal Judge presiding over the Oracle Android law suit has requested both the parties, Oracle and Google settle in court and today was the last day to submit a reply.and Oracle has already responded, well before the deadline.Perhaps playing the upper hand that Oracle feels that it has;

Oracle President Safra Catz, and Thomas Kurian, Executive Vice President of Oracle Product Development.will represent Oracle and Andrew Rubin, Senior Vice President, Google Mobile and Kent Walker, Vice President and General Counsel of Google will represent Google.
Google also requested a magistrate Judge who is not involved with the case to be the mediation judge.

"    Oracle concurs with the Court’s view that an additional attempt at settlement of the case through mediation before a United State Magistrate Judge is warranted. Oracle has found previous efforts at settlement, including private discussions between the parties, frustrating for lack of follow-through, and believes that those efforts have not exhausted the possibilities for resolving the case.

    As suggested by the Court, Oracle considers it essential that both parties bring top-level executives. Accordingly, Oracle’s executive representatives in the mediation before the Magistrate Judge will be Safra Catz, President of Oracle Corporation, and Thomas Kurian, Executive Vice President of Oracle Product Development.

    Oracle will strive to make its representatives available as necessary and proposes that the mediation occur before the end of September. "

Here is the Google response;

Google welcomes the Court's suggestion that the parties participate in a mediation of this case before a Magistrate Judge. Google does not object to participating in a mediation before a Magistrate Judge who is not otherwise involved in this case.
Google recognizes the importance of having top executives of the parties attend the Court-ordered mediation. Google proposes that Andrew Rubin, who is Senior Vice President, Mobile and reports directly to the Chief Executive Officer, attend for Google together with Kent Walker, Vice President and General Counsel of Google. Mr. Rubin's executive responsibilities include all of Google’s mobile business, of which the Android business is a part. Mr. Rubin is knowledgeable regarding the issues in this case and he is fully empowered to resolve this matter on reasonable terms.
Google also understands from counsel for Oracle that they propose that Safra Catz and Thomas Kurian attend on behalf of Oracle -- and Google agrees with this choice. Ms. Catz is one of two Presidents of Oracle who, like Mr. Rubin, reports directly to Oracle's Chief Executive Officer. Mr. Rubin and Ms. Catz were involved in previous discussions involving the subject matter at issue in this case.

Thanks to FOSS Patents, we get to read these stuff before everyone else and I am waiting for the Google response. Might be interesting.