The most controversial topic in patent appeals is on the issue of claim
construction. Even though it is arguably an issue of fact, the CAFC has
decided
that they review claim construction orders de novo as a matter
of law. I
have read
that as many as 30% of cases are remanded on
this issue. The article I
cite indicates that at the time they did their review,
something like 29% of
patent cases out of the Northern District of CA were
reversed or vacated on
this issue.
Count on this as being an issue raised by Oracle. I have no
idea their
chance of success, since, well, IANAL, and frankly don't care to
read the details
of the patents at issue (too close to my day job to be fun).
I do seem to recall
that this issue was decided mostly in favor of google, so
they have the most to
lose on a naive pundit-like level. Actually, they have
the most to lose logically
anyway, since well, they won it all, on the patent
issue. [ Reply to This | Parent | # ]
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