Oracle, Google move to streamline Java lawsuit

29.04.2011

Google's filing proposes a more aggressive culling of Oracle's claims. In the first phase, Google wants Oracle to "elect a reduced set of claims, on the order of 40 claims or as specified by the Court." A second phase would see Oracle choose a subset of 20 claims by July 29. In a third phase, Oracle "would make a final election of a small triable number of claims, e.g., two claims or such other number as the Court may require."

In turn, Google would substantially reduce its number of prior art claims as the phases proceed, according to its filing.

The filings also touched on the ongoing reexamination of Oracle's patents by the U.S. Patent and Trademark Office, which was initiated by Google.

Oracle argued that the case should not be stayed, or delayed, pending the outcome of the reexaminations. "The pending reexaminations will provide little if any benefit to the Court or the parties. Oracle does not see a way to depend on them without dramatic disruption to the schedule set by the Court. The circumstances here do not warrant a stay," Oracle's filing states.

The reexaminations likely would not be complete until late 2013, well after the scheduled end of the trial, Oracle said. "It does not make sense for the Court to surrender management of its docket to the Patent Office."