Patent Infringement Dispute: Java FX Developer Oracle is Less Than Enthused with Google’s Android Software

Oracle Corporation (Oracle) filed the patent infringement lawsuit against Google in the U.S. District Court for the Northern District of California. Oracle’s complaint seeks monetary damages for willful infringement. Along with an injunction to immediately halt Google from building and distributing the Android Smartphone.

Wiki describes Oracle Corporation as a multinational computer technology corporation that specializes in developing and marketing enterprise software products — particularly database management systems.

The Android is Google’s premier Internet and social media Smartphone. Google’s use of open source code, on top of (and based off of) Oracle’s different Java codes, for use in running and writing applications for the Android operating system on its Google Android Smartphone, allegedly infringes on patented Java technologies.

Oracle’s complaint alleges that Google’s use of Java code source and applications opens Google up to liability for partial-infringement of seven different Oracle owned patents.

The complaint also alleges that Google knows, or should have known, of these different infringements because Google hired former Sun Java engineers to work in developing the Android operating system.

If you have a patent issue, or wish to register a patent, you may contact one of our patent attorneys for a free evaluation or call 866.936.7447 (International Toll Free).

Patent Lawyer Update: Federal Circuit Examines Intent to Deceive Factor for Falsely Marked Goods in Pequignot

35 U.S.C. § 292 provides a powerful tool for enforcing patent rights against infringers who falsely mark a good as patented or patent pending when it is not actually patented or pending. § 292 provides that any person may sue for the penalty against infringers falsely marking a good as patented, where such infringers “shall be fined not more than $500 for every such offense.”

Along with the false marking element, § 292 also requires that the marking of an unpatented good is done with intent to deceive the public. Closely connected with the second § 292 element, liability for patent infringement requires that the infringer had notice of the infringement and ignored such notice.

An easy way for a valid patent owner to satisfy the notice requirement is to mark each patented good with the appropriate issued patent numbers. However, valid patent owners must take care in marking the goods so as not to open themselves up to § 292 patent infringement liability by mismarking a patented good or, conversely, by marking an unpatented and non-pending good as patented.

If you have a patent issue, or wish to register a patent, you may contact one of our patent attorneys for a free evaluation or call 866.936.7447 (International Toll Free).