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Java Developer Authors: Maureen O'Gara, Rita Tennyson, Udayan Banerjee, Dustin Amrhein, App Man

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Article

Google’s Attempt to ‘Sandbag’ Oracle Fails

The judge didn’t much care how long Google dithered around saying it “suggests a lack of diligence”

District Court Judge William Alsup told Google Monday that it can't come in at this late date - after facts discovery has pretty much closed - with what he called an "entire fleet" of additional claims that Oracle's Java patents are invalid.

Oracle was ordered to winnow its beloved 132 claims down to 50 by June 1. Google was supposed to take its best shot at them by June 15.

The judge didn't much care how long Google dithered around saying it "suggests a lack of diligence."

"It is possible," he wrote, "that Google simply did not have that many good invalidity theories and is now trying to fill in with whatever it can belatedly cobble together."

Not only that but "Google's decision to wait until after Oracle was locked into its patent-claim selections to fortify its invalidity case with ‘defenses that it has now determined are among its strongest' amounts to sandbagging," he said.

Patent watcher Florian Mueller said a while back this was what Google was up to and now Google's stuck with its first take.

The details are at http://fosspatents.blogspot.com/2011/08/judge-does-not-allow-google-to.html.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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