Scott Daniels | June 30, 2011
Toward the end of May, we reported the status of Oracle’s patent infringement action against Google and its Android®, involving seven Java platform patents and a series of related copyrights. We also reported the reexaminations initiated by Google against each of Oracle’s patents. Essentially, we advised that Judge William Alsup was concerned about the feasibility of an October trial involving the number of patent claims asserted by Oracle.
Yesterday, the PTO issued a non-final rejection of Oracle’s U.S. Patent No. 6,125,447 (90/011,491). The examiner found that all 24 claims of the ‘447 patent are anticipated by either of two prior art references. Oracle may now traverse the rejection, and if the PTO maintains the rejection, Oracle may appeal it.
This brings to five the total number of Oracle patents that have now been rejected. In the case of Oracle’s U.S. Patent No. 6,061,520 (90/011,489), however, the rejection appears to be weak; indeed, the examiner has confirmed already the patentability of 14 of the ‘520 patent claims.
The cumulative effect of these reexamination rejections of Oracle’s patent claims may lead Judge Alsup to believe that the reexaminations will have a major impact on the claims for the October trial. If so, Judge Alsup would be encouraged to stay Oracle’s infringement litigation pending completion of the reexamination proceedings.