Google Unable to Limit Damages Based on False Marking in Oracle Lawsuit

Submitted by patentadmin on Wed, 11/16/2011 - 19:19

November 16, 2011 - A federal judge in the Northern District of California denied Google's motion for partial summary judgment in its patent infringement lawsuit with Oracle America Inc. Google had filed the motion in an attempt to limit its damages based on its claims that Oracle allegedly failed to mark its products with five of the patents it accuses Google of infringing.

"Whether or not Oracle's Java products practice any of the asserted claims of the patents is an issue of fact," Oracle said in its opposition memo. "Google's motion remains premature. Because Google disputes its infringement of the non-method claims and has not established that Oracle's practice of its own patents is an undisputed fact, summary judgment is not warranted."

The judge agreed with Oracle and denied Google's motion. The case is
Oracle America Inc. v. Google Inc., 10-03561, U.S. District Court for the Northern District of California (San Francisco), and is the same patent infringement case in which Google unsuccessfully attempted to keep a damaging email from being used as evidence.