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Revived patent strengthens Oracle's Google case

By Nadine Arendse
Johannesburg, 26 Apr 2012

Revived patent strengthens Oracle's Google case

Ars Technica reports.

Five of the seven patents were dropped from the case, as, one by one, they were rejected upon re-examination by the US Patent and Trademark Office (USPTO). Now, one of those five rejected patents has gained new life - on Sunday, Oracle informed the court that the USPTO has granted Oracle's request to reverse the invalidation of patent number 5 966 702.

Whether Oracle can use the patent against Google isn't certain, Electronista notes.

The unique three-phase nature of the trial, called for by Google, could work against the search firm by giving Oracle an opportunity to reintroduce the claim. Proceedings are currently only discussing copyright disputes, which would let Oracle bring back the patent into the second or third phases without affecting any ongoing parts of the case.

If reintroduced and not rebuffed by Google, the patent could magnify the damages Google might have to pay. The company may have difficulty opposing any motion, as the patent claims brought back couldn't be contested again.

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