What U.S. District Judge William Alsup described recently as the "World Series of IP cases" really is going to trial.
Oracle's patent infringement and copyright suit against Google over the Android operating system will not settle, a Monday order by U.S. Magistrate Judge Paul Grewal said. Grewal was brought into the case last year to preside over settlement talks. After one final round -- some six hours, according to a filing -- Grewal said further talks would be futile.
Here's his order:
Federal district courts resolve cases by any number of means short of trial. Sometimes we enter default judgments. Sometimes we enter summary judgments. Sometimes we convene settlement conferences. And yet, even though the overwhelming majority of cases are resolved by these and other means, we are not referred to in passing as judgment courts, or settlement courts. We are referred to as trial courts because, in the end, some cases just need to be tried.
This case is a good example of why that is so. Despite their diligent efforts and those of their able counsel, the parties have reached an irreconcilable impasse in their settlement discussions with the undersigned.
No further conferences shall be convened. The parties should instead direct their entire attention to the preparation of their trial presentations."
Grewal signed off by wishing them "Good luck."
Trial is set for April 16 before Alsup.