Google Takes Oracle’s Android Case to the Patent Office

Scott Daniels | February 16, 2011

Yesterday afternoon, Google requested ex parte reexamination of four Oracle America patents – U.S. Patent Nos. 5,966,702, 6,061,520, 6,125,447 & RE 38,104 – related to the “Java platform.”

Oracle America had sued Google in August in the Northern District of California for infringing these patents, as well as three other patents, plus a series of copyrights “in code, documentation, specifications, libraries, and other [components] of the Java platform” (Oracle’s Amended Complaint).  According to Oracle America, the patents cover “a bundle of related programs, specifications, reference implementations, and developer tools and resources that allow a user to deploy applications written in Java programming language on servers, desktops, mobile devices, and other devices.”  Oracle America asserts that Google infringes the patents and copyrights by distributing “Android (including without limitation the Dalvik VM and the Android software development kit) and promotes its use by manufacturers of products and applications.”    

It is quite possible that Google will soon request reexamination of the remaining three Oracle America patents.  Google might also request that the trial judge, Judge William H. Alsup, to stay the case pending completion of the reexamination proceedings, but such a stay might not be granted since Google and Oracle America are direct competitors and since reexamination could not resolve the copyright allegations. 

 Oracle America, formerly Sun Microsystems, was acquired by Oracle Corporation in January 2010.

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