The constellations have shifted again. Oracle has just sued Lodsys, seeking to invalidate four of its patents. The complaint actually claims noninfringement and invalidity.
It seems that Lodsys has been going after Oracle customers, and they in turn have been asking Oracle to indemnify them. Lodsys, methinks, has made a mistake. One doesn’t go after Oracle’s money. No. No. Never a good plan. I suspect Oracle will go for damages, tripled, and all their expenses, legal fees, etc. when this is over. That’s what that long list of prior art is saying to me, that it’s war. Also, note that DLA Piper US is also on the case. That’s another signal that Oracle intends to prevail, all other things being equal. When you have to add “US” to your law firm name, it’s because you are global. Here’s what DLA Piper says about itself: