22 / February 2011

New Google Litigation Tactic Revealed

Posted in: Intellectual Property News Written by: Randy
Categories: intellectual property licensing patents reasonable royalty
Tags: calculating damages IP monetization IP valuation research IP value comparables & research licensing litigation patent litigation royalty rate

As reported in Computerworld, in the high-stakes, Oracle v. Googlelitigation sweepstakes, Google has officially requested Ex Parte reexamination of four of the seven Oracle patents at issue by the United States Patent and Trademark Office (USPTO).  According to USPTO's own statistics, there is an over-90% chance they will take on the review, and an over-60% chance of a claim change (looking at averages, only).

More importantly, and perhaps more strategically, Google could follow this request with one to stay the litigation pending USPTO reexamination. Again, looking at USPTO's own statistics, that will take approximately two years. (People in the know doubt this number, plus there is an appeal process after the reexamination.)

IT Secure Site’s review of the IP issues in the litigation linked from our blog last month still serves readers best.

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