Oracle America, Inc. v. Google Inc.

Filing 978

ORDER REGARDING THE 702 PATENT by Hon. William Alsup denying #970 Motion.(whalc1, COURT STAFF) (Filed on 4/25/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ORACLE AMERICA, INC.,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

ORDER REGARDING
THE ’702 PATENT

GOOGLE INC.,
Defendant.
/

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No. C 10-03561 WHA

Before the trial date was set, a substantial question was pending whether to wait until the

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PTO had finished all re-exam proceedings before commencing trial. To remove this

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consideration from the calculus, Oracle offered to dismiss with prejudice all patents that had

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been rejected in a final office action subject to reinstatement in the event the PTO reversed itself

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prior to the start of trial. In express reliance on this (Dkt. No. 786), the Court set the early trial

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date requested by Oracle. That trial date (April 16) started on time and at that moment the

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dismissals with prejudice became final.

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A few days later, the PTO did reverse itself as to the ’702 patent but the reversal came a

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few days too late, for the trial had already started and the dismissals with prejudice had already

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become effective.

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Oracle’s argument that the patent “trial” has not yet started is wrong. The was and is one

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trial with three phases. The trial started on April 16. This is not only the plain meaning of the

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term but any other interpretation would inject great prejudice given that the parties have relied

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on the issues to be tried and that reliance should not be turned on its head in mid-trial. Oracle

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will be required to stand by its word and live with the dismissal with prejudice.

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IT IS SO ORDERED.

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Dated: April 25, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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