Home -> Law Blog Directory -> Intellectual Property Law Blogs -> Groklaw

Intellectual Property Law

: Groklaw

The Oracle Appellate Reply Brief - Correcting FOSSpatents. Yes. Again. ~ pj

By Pamela Jones et al.

Florian Mueller of FOSSpatents has done an article about the Oracle reply brief in the appeal and cross appeal in Oracle v. Google that is so one-sided, I thought I should address it here, so you are not misled. Here's Oracle's reply brief [PDF; Text].

I've had to correct FOSSpatents before. For example, in this article in April of 2012, "Google's Unmerited Damage From Oracle v. Google -- The FOSSPatents Factor," I showed in detail that his predictions and analysis of the trial segment of this case were off-base, and unfair, and did not come true, as the jury and court rulings demonstrated clearly. I hope his hedge fund clients didn't lose their shirts relying on his analysis. For that matter, I hope they didn't make money from his flawed analysis either, now that I think about it. He calls himself an analyst. So does Rob Enderle. Enderle has stated that he takes money from clients, like Microsoft, and then he writes, independently he claims, articles that coincidentally would warm a client's heart. I would say, then, that Mueller is an analyst in that same limited sense.

Oracle is another client of Mueller's. Oracle hired him to "advise" the company, so I suppose we shouldn't be surprised that he generally mirrors the Oracle point of view in an endless stream of anti-Google articles. And if that is what you want, X marks the spot. Read whatever you enjoy.

But if what you want is an analysis that includes both sides in litigation, not to mention predictions that actually come true, I fear you will not find it there. So let's take a look at what he wrote about Oracle's brief, and I'll try to give you a better understanding of the issues in this appeal by adding some accurate information about Google's position.

Full post as published by Groklaw on July 06, 2013 (boomark / email).