Featured Articles

Fair Use Upheld. Imagine That.

July 02, 2008 08:58

I thought you would like to see a recently decided US case where fair use was upheld as a defense. I collected some materials to explain fair use in an overview the other day, but here's a case that explains the elements that courts look at, in a real live case, and it particularly makes clear...

Recent Articles

Oracle v. Google - Continuance Denied; Trial to Start April 16

March 21, 2012 12:15

Not surprisingly, the Court has denied Google's motion for a one-week continuance for the beginning of the trial. (820 [PDF; Text]) Google's motion never stood a chance, but Oracle wanted to make sure it had no chance since Oracle's trial counsel also have full schedules. As pointed out in their...

Mayo Collaborative Services v. Prometheus - Mayo Prevails - Judgment as Text ~pj

March 20, 2012 18:32

The decision [PDF] in Mayo Collaborative Services v. Prometheus is in. The US Supreme Court unanimously decided that Prometheus's patent claims were invalid because they "effectively claim the underlying laws of nature themselves". This is a major win, so I've done it as text for you. I'm...

Oracle v. Google - The "Final" Damages Figures

March 20, 2012 12:35

Oracle and Google have now responded to the directive issued by Judge Alsup pertaining to the valuation of the remaining patents at issue. In the order striking much of Dr. Cockburn's third attempt at a damages report, Judge Alsup stated: At the hearing, the undersigned judge raised the question...

Oracle v. Google - Google Requests One-Week Delay

March 19, 2012 11:30

Google lead attorney Robert A. Van Nest has filed the motion asking for a brief delay in the trial starting date, a motion the judge permitted him to file, but with a notation that it was likely not going to happen. Van Nest asks for a delay of only a few days: PLEASE TAKE NOTICE that Defendant...

Another New Lodsys Case - Ryonet v. Lodsys ~pj - Updated

March 18, 2012 02:44

Well, well, what have we here? Yet another Lodsys case, a new one. Same stupid patents, same M.O., though. But here's a new element, the latest target, Ryonet, filed its complaint for declaratory judgment [PDF] in Washington State, on March 8, and here's why Ryonet thinks that's the right...

Oracle v. Google - Court Rejects Much (But Not All) of the Supplemental Reports of Drs. Cox and Leonard

March 15, 2012 23:45

Still pending from this latest round of damage reports has been Oracle's motion to strike portions of the supplemental reports submitted by Drs. Cox and Leonard on behalf of Google. (771 [PDF; Text] and 773 [PDF; Text]) The Court has now ruled on that motion and granted Oracle much of what it...

Oracle v. Google - Google Requests Continuance; Not Likely

March 15, 2012 13:10

Google lead counsel, Robert Van Nest, has requested the court's leave to file a motion for a continuance of the trial to avoid conflicts in his trial schedule. (792 [PDF; Text]) The court has agreed Google can file the motion but told Van Nest not to hold his breath. (794 [PDF; Text]) Van Nest...

Oracle v. Google - Trial On; Most of Cockburn Third Report Stricken

March 14, 2012 03:35

Judge Alsup is ready to get on with it, and to that end he has set this case for trial beginning April 16, 2012. (786 [PDF; Text]) He is anticipating an eight week trial, which will be brutal on the jurors. To that end the potential jurors will be pre-cleared to assure their availability. The...

Oracle v. Google - The Copyright Contentions

March 13, 2012 15:30

Last Friday the parties submitted their respective copyright liability trial briefs, i.e., what they are going to argue with respect to copyright at trial. (Google's Brief [PDF; Text]; Oracle's Brief [PDF; Text] The respective briefs are interesting both from the view of what they agree on (mainly...