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Oracle bid to have third patent in case rejected

The trial judge in the Google-Oracle case yesterday denied the database maker's appeal to incorporate a third patent in its claims against the search engine giant.

Judge William Alsup turned down Oracle's request, which came after the patent, invalidated by the US Patent and Trademarks Office last year, was revalidated on appeal.

Justice Alsup said the case would be limited to discussing whether two patents and the 37 Java application programming interfaces had been unlawfully used by Google.

Since the case was filed in August 2010, five of the seven patents Oracle claimed were being violated were overturned by the USPTO. The one patent which has been revalidated pertains to a method of using Java class files.

In other developments yesterday at the San Francisco district court where the case is being heard, documents providing details of Google's projected earnings from its different products were admitted as evidence.

A 2010 document, placed into evidence by Oracle, showed Google's projected income from Android in 2013 as being $1.3 billion from advertisements and sale of applications. Google's total income in 2011 was in the region of $38 billion.

Google co-founder Larry Page had claimed during testimony last week that Android was important but not critical to Google.


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Sam Varghese

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A professional journalist with decades of experience, Sam for nine years used DOS and then Windows, which led him to start experimenting with GNU/Linux in 1998. Since then he has written widely about the use of both free and open source software, and the people behind the code. His personal blog is titled Irregular Expression.