Oracle Corporation et al v. SAP AG et al

Filing 1176

Defendants' Response to 1173 Oracle's Statement Regarding Trial Schedule by SAP AG, SAP America Inc, Tomorrownow Inc. (Froyd, Jane) (Filed on 5/31/2012) Modified on 6/1/2012 (vlk, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: (650) 739-3939 Facsimile: (650) 739-3900 Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: (832) 239-3939 Facsimile: (832) 239-3600 Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 OAKLAND DIVISION 22 ORACLE USA, INC., et al., 23 Plaintiffs, 24 v. 25 Case No. 07-CV-1658 PJH (EDL) DEFENDANTS’ RESPONSE TO ORACLE’S STATEMENT REGARDING TRIAL SCHEDULE SAP AG, et al., 26 Defendants. 27 28 SVI-109303v1 DEFS.’ RESP. TO ORACLE’S STATEMENT RE: TRIAL SCHEDULE Case No. 07-CV-1658 PJH (EDL) 1 Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. (collectively 2 “Defendants”) submit this Response to Oracle International Corporation’s (“Oracle”) Statement 3 Regarding Trial Schedule. Defendants are ready, willing and able to try this case and are 4 prejudiced by delay. Defendants therefore ask that the Court maintain the current case schedule, 5 including pretrial deadlines, at least through the pretrial deadlines set by the Court—including the 6 June 8 hearing on evidentiary issues and the June 13 deadline to submit deposition designation 7 objections, jury instructions and an updated jury questionnaire. That way, should Invista B.V. v. 8 E.I du Pont de Nemours (S.D.N.Y.) settle before then, this case will be ready to try on the current 9 schedule; if Invista has not settled by then, at least this case will be in the best position to quickly 10 11 resume, should it have to trail. As the Court has stated, having a three-week rather than a two-week trial makes it much 12 more difficult to find an opening on the Court’s schedule. It is worth noting that Oracle’s witness 13 and exhibit lists and deposition designations are devoted heavily to evidence on liability issues 14 and alleged willfulness. This will become even more evident as the Court considers the exhibits 15 submitted for consideration at the June 8 hearing and the depositions designations for which 16 objections will be submitted June 13. The evidence actually necessary to prove lost and 17 infringer’s profits could efficiently be presented in two weeks. 18 19 Respectfully submitted. Dated: May 31, 2012 20 JONES DAY By: /s/ Tharan Gregory Lanier Tharan Gregory Lanier 21 Counsel for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. 22 23 24 25 26 27 28 DEFS.’ RESP. TO ORACLE’S STATEMENT RE: TRIAL SCHEDULE SVI-109303v1 -2- Case No. 07-CV-1658 PJH (EDL)

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