Sunday, October 10, 2010

Google seeks dismissal of Oracle suit

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Google Seeks Dismissal Of Oracle Suit Search giant also goes on offensive, asking for patents to be declared invalid

Comment Tuesday, October 5, 2010 ViewComments By Doug Caverly 6 Buzz This

It's official: Oracle's accusations of patent infringement did not go over well at the Googleplex.  This week, Google responded to Oracle's lawsuit by asking for the suit to be dismissed and Oracle's patents declared invalid.  Google would like some money, too.

If you're in the mood to read a lot of legalese, Google's full 27-page response to the lawsuit is available courtesy of John Paczkowski, and it's not too terrible as such things go.  But we'll try to hit the highlights.

Here's the main point(s) of the document: "Google specifically denies that Google has infringed or is liable for infringement of any valid and enforceable patents of Oracle.  Google further specifically denies that Oracle is entitled to any relief whatsoever of any kind against Google as a result of any act of Google or any person or entity acting on behalf of Google."

GoogleThen another important detail is Google's assertion that "Oracle's claims . . . for alleged infringement of the Patents-in-Suit are barred by the doctrine of misuse."

As a result (and as mentioned in the first paragraph), Google wants the complaint dismissed with prejudice.  It also wants Oracle's patents to be declared invalid.  Finally, the company's seeking "an award to Google of its reasonable costs and expenses of litigation, including attorneys' fees and expert witness fees."

This could turn into a fierce battle if the judge isn't of a mind to make a decision quickly.

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