|By Maureen O'Gara||
|October 7, 2012 11:45 AM EDT||
Oracle has formally advised Judge William Alsup that it intends to appeal the verdict in its patent and copyright suit against Google and Android.
Judge Alsup, you'll remember, decided Oracle's Java APIs weren't copyrightable, an issue it's got to prevail on in its appeal.
Whether Oracle or Google wins at the Federal Circuit, FOSS Patents thinks the issue could get to the Supreme Court eventually.
Oracle also needs to defeat Google's fair use defense.
FOSS thinks the judge's instructions to the jury were confusing and prejudiced Oracle's case because the jury couldn't decide the point although it did find that Google infringed.
It says, "As long as Oracle's appeal hasn't been adjudicated by the final judges, Google and its Android ecosystem still face considerable risk. And that's why this appeal is going to be one of the most important ones this industry has ever seen...It's not over till it's over."