Skip to main content

Oracle dealt patent defeat in Google Android case

oracle-headquarters
Image used with permission by copyright holder

The U.S. Patent and Trademark Office dealt Oracle a bit of a setback in its high-stakes patent litigation against Google over Android. In a filing just before the Christmas holiday, the USPTO effectively threw out one of the seven patents Oracle is using against Google (full text available at Groklaw), rejecting some 17 of the 21 claims asserted in U.S. patent 6,192,476. Although only one of those claims was being leveraged against Google—claim 14—the rejection of so many claims basically means the entire patent has been invalidated.

Google requested the patent be re-examined by the USPTO, along with others Oracle is asserting against it in the case. The request for re-examination is common in patent litigation: defendants typically assert both that the aren’t infringing on a particular patent, and furthermore that the patent ought not to have been issued in the first place, and therefore is invalid and nobody could infringe on it even if they tried.

Recommended Videos

Oracle’s infringement case against Google hinges on the Java virtual machine included in Google’s Android operating system; Oracle claims the technology violates a number of Java patents it acquired along with Sun Microsystems in early 2010. Oracle initially asserted 132 infringement claims against seven patents; the list of claims was reduced to a list of 50 on the request of the judge handling the case; of those, only one (claim 14) was against patent 6,192,476. However, that means Oracle still has six patents in play in its case against Google. The judge has requested Oracle further limit the number of claims it brings to trail; Oracle had been hoping to bring 21 claims, but the judge had suggested Oracle focus on just three claims to streamline proceedings.

Generally speaking, Oracle would prefer to go to trail sooner than later. The case was originally supposed to go to trail in October, but a scheduling conflict lead to a delay. Oracle then asked for a January start date, but Google has dragged its feet, saying it can’t be ready for trail before July.

Oracle has until February 20 to request an appeal the preliminary ruling. Preliminary rulings against patents have been later been overturned upon full review, so Oracle may have a chance of hanging on to the patent after all. If Oracle does nothing, it will likely be stripped of the patent.

Geoff Duncan
Former Digital Trends Contributor
Geoff Duncan writes, programs, edits, plays music, and delights in making software misbehave. He's probably the only member…
Your Google News app is getting a subtle redesign. Here’s what’s changing
Google News on a Pixel 9 Pro.

Google continues to fine-tune its native apps on Android, this time with Google News. This follows the big redesign to Google Maps that happened earlier this year. So what’s new in Google News?

Basically, the newly redesigned Google News makes things simpler in terms of the bottom bar. Previously, there were four sections in that bottom navigation bar: For you, Headlines, Following, and Newsstand. The revamped version now combines For you and Headlines into a new Home tab, which acts as the default feed for content. The other two tabs -- Following and Newsstand -- still remain.

Read more
Google boosts Android security against unknown tracking devices
Unknown tracker alert for Android.

Google is adding a couple of new features to Android’s safety alert system that will help users find unknown trackers moving with them. The new features cover all tags and tracking devices that support Google’s Find My Device service for locating lost hardware.

The first one is Find Nearby. This one will help users locate any hidden tracker. For example, if your Android phone flashes an unknown tracker alert, you can check for its presence using the Play Sound feature.

Read more
Here’s how your Android phone could help stop your motion sickness
Someone holding the Google Pixel 9 with the screen on.

Motion sickness — also called kinetosis — is a common problem. In fact, as many as one in three people have felt sick while in a vehicle. For those who suffer from it, reading in the car is practically impossible.

Apple introduced a feature that helps those prone to motion sickness use their phones without the accompanying nausea. Now, Google is working on a similar feature for Android phones.

Read more