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Old 10-27-2010, 05:41 PM   #1
LXer
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LXer: Oracle Files Motion to Strike Google's Answer, Some Counterclaims


Published at LXer:

When I first started to read the title of the motion, I thought with joy that Oracle was dismissing its complaint. But of course, no. That's in my perfect alternate universe, where Oracle comes to its senses and the parties work it all out, in the FOSS community way. Instead, it is asking the court to dismiss parts of Google's Answer -- some of its counterclaims, particularly the ones claiming that Oracle's patents are invalid -- some of Google's affirmative defenses -- which Oracle calls improbable and too vaguely pleaded -- and believe it or not it would like to censor some of the factual background material in Google's Answer. It says paragraphs 7 through 22 of Google's Answer are merely "a long list of self-congratulatory remarks and polemics that have nothing to do with Google’s counterclaims for non-infringement and invalidity." Oracle says they are immaterial and impertinent. It is to laugh, as they say. Silly stuff already, and we're just clearing the runway.

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