SAN FRANCISCO (CN) – Google cannot toss patent-infringement claims over its alleged use of patented Java technology in the Android operating system, a federal judge ruled.
Claimed that Oracle had failed to mark patented Java articles sold in the United States before July 20, 2010, Google claimed its legal foe should be able to collect damages only for infringement that occurred after the date that Oracle first accused Google of infringing on its patents.
U.S. District Judge William Alsup disagreed, though he did strike one of Oracle’s damages reports in a separate order because it was not prepared by the same expert behind the original report.
Oracle had tried to serve a damages report by economist Ken Serwin after Google succeeded in throwing out most of a damages reported submitted by Boston University economics professor Iain Cockburn.
Though reply reports were not explicitly limited to the authors of the opening reports, Alsup said he thought it was “clear” and that this was the first time in 12 years of using the relevant scheduling order that a party had suggested anything to the contrary.
It is “impossible to imagine and explicitly preclude every possible litigation trick ahead of time,” the judge added, but any “reasonable reading of the case management scheduling order counsels against what Oracle is trying to do.”
Serwin, Oracle’s new expert, also cannot testify at the trial that is slated to begin early next year.