Robert A. Van Nest

Van Nest, who represents Google Inc. in the high-profile and high-stake patent and copyright infringement suit brought by the Oracle Corp., credits U.S. District Judge William Alsup for opening the lines of communication with the jurors.

"It's not common to allow jurors to ask questions during predeliberations and while the case is going on," he said. "Judge Alsup allowed that, and it was a great benefit to both sides."

The jurors' questions continued during deliberations.

"There were a larger than average number of questions, which showed that there was a lot of debate going on in the jury and they were focused on the key issues," Van Nest said.

In the case, with billions of dollars at stake, Oracle alleged that Google's Android mobile operating technology infringes on Oracle's Java patents.

Van Nest and his team successfully argued against the infringement claim, contending that Android devices don't infringe either Oracle patent and that users of the platform have a license to any patents in the case.

In May, the jury was unable to reach a verdict on the copyright claims but did reach a unanimous verdict rejecting all claims of patent infringement, resulting in no damages. Oracle America Inc. v. Google Inc., CV 10-03561 (N.D. Cal., filed Aug. 12, 2010).

"In any IP case, you have to try to think like a juror," Van Nest said. "It might sound simple, but it's tough work to develop an analogy that can be understood."

In this instance, Van Nest used a filing cabinet to demonstrate that the contested technology was simply a system of organization and therefore his client wasn't liable for infringement.

While it's still too early to measure any possible impact of the case on similar litigation, Van Nest said he sees no letup in such disputes.

"The pace of innovation is getting faster, the level of competition is higher, the stakes are bigger, the products are worth more," he said.

Consequently, Van Nest added, "There is a higher bar to enter technology markets as a result of the costs of maintaining your IP, whether you're a plaintiff or defendant."

In another development, on Aug. 24, Google sought to dismiss allegations by Oracle that it used a network of journalists and bloggers to influence its infringement trial. Alsup had ordered Google to reveal all of its financial relationships with those writing about the trial.

"Our public filings speak for themselves - Google did absolutely nothing unusual in its handling of the media in this case," Van Nest later said. "Those who commented did so on their own."

- PAT BRODERICK