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Updated: Oracle v Google Android Trial Set for April 16

Google wanted the trial to wait until fall as originally scheduled. So Oracle got what it wanted

The District Court for the Northern District of California Tuesday scheduled the Android trial weighing Oracle's infringement claims against Google for April 16. It should run eight glorious weeks.

Google wanted the trial to wait until fall as originally scheduled. So Oracle got what it wanted. But on Wednesday Google's lead counsel asked for a continuance, saying he and others on Google's legal team will be occupied elsewhere and wants the trial delayed until after June 29 or at least until April 30.

Of course, the judge was aware of the scheduling conflict so it might not make any difference. According to patent wars observer FOSS Patents he told Google a few hours later that the prospects of any formal motion to delay "are not great." It appears that behind the scenes he's been coordinating with other district court judges to reschedule the trials demanding the presence of Google's lead counsel et al elsewhere.

Anyway, if nothing else happens, like the Patent and Trademark validating the claims of other Oracle patents during the trial - which could happen - Android will be in the dock for infringing only two Java patents held by Oracle plus - and now more importantly - Oracle's API-related copyright claims.

And, as Oracle also wanted, the court "encouraged" Google "to withdraw its invalidity defenses that have failed in the re-examination process as a way to further streamline the trial on the two patents remaining in suit."

The judge is telling Oracle to stop claiming Oracle's so-called ‘520 patent is invalid.

It's the only one of the clutch of patents Oracle originally charged Google with violating to get through the Patent and Trademark Office's re-examination unscathed. Oracle also means to use the dicier Gosling patent during the trial.

FOSS Patents, which has been following the case closely, says the largely API-related copyright infringement claims could have ramifications beyond this case considering some people claim APIs can't be copyrighted.

The court has its own independent damages expert now, who will give the jury his opinion alongside Oracle and Google's experts. Oracle wants damages but it also wants an injunction to "bring Android back into the Java fold" and make it adhere to the official Java standard, which is assumed to mean Oracle wants money to condone the apostasy.

See http://fosspatents.blogspot.com/2012/03/oracle-google-trial-to-start-on-april.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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