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Google Answers Oracle, Counterclaims, and Moves to Dismiss Copyright Infringement Claim

By Pamela Jones et al.

Google has filed its Answer with Counterclaims [PDF] to Oracle's patent and copyright infringement complaint, and how! It's a very aggressive and confident response to Oracle's complaint. Google asks that Oracle's complaint be dismissed, for a judgment in favor of all its counterclaims, for a declaratory judgment that Google has not infringed or contributed to any infringement of any of the patents, a declaration of the invalidity of all the Oracle patents, and a declaration that all Oracle's claims are barred by laches, equitable estoppel and/or waiver, and unclean hands. It wants Oracle to have to pays its costs and expenses of this litigation, including Google's attorneys' fees and expert witness fees, asking for a judgment that this is an exceptional case warranting it.

Google also filed a motion to dismiss [PDF] the copyright infringement claim, Claim VIII, or for a more definite statement. The complaint doesn't tell them what exactly they are supposed to have done wrong, Google says. They'd like to know. Android has over 11 million lines of code, so where does Google look to find the alleged infringement? It's an operating system, so there are a lot of components, and so it could be code, documentation, specifications -- so what is it precisely Google, or others, supposedly did wrong?

Do we have any volunteers in the San Francisco area who can attend hearings as this goes forward? The motion to dismiss is set for a hearing on November 18th, so if you can volunteer, email me please, and I'll fill you in with what you need to know.

Full post as published by Groklaw on October 05, 2010 (boomark / email).