Jury in Oracle v. Google finds in Google's favour

Re:Jury in Oracle v. Google finds in Google's favour by bradleyjg on Thursday May 26, 2016 @04:38PM (#11781354)

As Rayiner mentions, first they'll be a post-trial motion to vacate or overrule the jury verdict. Regardless of how those motions are decided the losing side will appeal to the Ninth Circuit. Only after a Ninth Circuit panel and perhaps en banc panel rules will one side or the other try for a cert petition to the Supreme Court.

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Re:Jury in Oracle v. Google finds in Google's favour by curt15 on Thursday May 26, 2016 @04:41PM (#11781388)

Since Oracle hasn't dropped its patent claims from the complaint (despite the fact that they've already been defeated), doesn't Oracle get to bypass the 9th circuit and vault the case back to the CAFC?

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Re:Jury in Oracle v. Google finds in Google's favour by bradleyjg on Thursday May 26, 2016 @04:45PM (#11781426)

Good point. That's a corner of the federal rules I'm not nearly familiar enough with to give you a confident answer.

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Re:Jury in Oracle v. Google finds in Google's favour by DannyBee on Thursday May 26, 2016 @05:17PM (#11781710)

It will return to the federal circuit. The patent issues were not even appealed to the federal circuit the first time.

"Because this action included patent claims, we have jurisdiction pursuant to 28 U.S.C. § 1295(a)(1)"

...

"The jury found no patent infringement, and the patent claims are not at issue in this appeal. "

See Oracle America v. Google, Inc. (http://www.cafc.uscourts.gov/content/oracle-america-inc-v-go...)

The federal circuit will, in turn, pretend to apply ninth circuit law.

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Re:Jury in Oracle v. Google finds in Google's favour by dctoedt on Thursday May 26, 2016 @04:41PM (#11781387)

I wonder whether this time the appeal will go to the Ninth Circuit, or whether instead it will return to the Federal Circuit?

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