Oracle asks court for right to assert third patent against Google

An Oracle patent that was previously invalidated by the US Patent and Trademark Office—only to be reinstated upon further review—may yet be asserted against Google when the blockbuster Android trial heads to its patent phase. We wrote on Monday that Oracle was successful in overturning the USPTO’s prior decision to invalidate the patent. Given that Oracle initially asserted seven Java patents against Google, only to see five of them invalidated, Oracle would certainly like to get this patent in front of the jury, giving it three instead of two to assert. The problem is that Oracle had already agreed to drop the patent from the case, on the condition that the rejection wasn’t overturned in time for the trial to begin. The trial did begin before the Patent Office reversed its decision. But the trial is in its first phase, covering only copyright issues. The patent questions haven’t been addressed yet, and Oracle is suing Google over both copyright and patent infringement. Google ...

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