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Court Orders Oracle and Google into Third Day of Settlement Talks

The sides also have to estimate the minimum time they’ll need for direct and cross-examination

After two days of apparently futile settlement talks, Oracle and Google have been ordered to give up their Saturday and on October 1 take one more stab at resolving Oracle's claims that Google's Android operating system treads on Oracle's Java patents.

Meanwhile, Oracle has been told to review its patents claims by September 29. The judge is hoping against hope it'll abandon some of its 21 claims (seven patents, three claims per patent) simply to make the case more manageable.

Therefore, it's still not clear whether the trial, set to start October 31, will actually come off or be stayed in whole or in part pending re-examination of Oracle's patents by the Patent and Trademark Office (PTO).

Patent blogger Florian Mueller thinks Oracle will accept a stay rather than abandon too many of its claims since, as the judge has decreed, it would have to give up whatever it abandons for all time against Google. And a stay could run a year or two.

Google then has until October 3 to make any concessions and state any invalidity defenses it will assert at trial. Barring invalidity the judge himself is pretty sure Google infringes a significant number of Oracle's claims.

The sides also have to estimate the minimum time they'll need for direct and cross-examination and explain where the PTO is in the re-examination process.

If nothing else they could go ahead with just the copyright side of the case that Google failed to get suppressed and so the judge wants to know what part of Oracle's estimate of mega-millions in damages represents copyright infringement.

See http://fosspatents.blogspot.com/2011/09/judge-asks-oracle-and-google-for-input.html.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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