Oracle America, Inc. v. Google Inc.

Filing 1012

NOTICE OF JURY INSTRUCTIONS AND SPECIAL VERDICT FORM. Signed by Judge Alsup on April 29, 2012. (Attachments: #1 Draft Special Verdict Form)(whalc1, COURT STAFF) (Filed on 4/29/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ORACLE AMERICA, INC., 11 For the Northern District of California United States District Court 10 12 13 Plaintiff, No. C 10-03561 WHA v. GOOGLE INC., 14 SPECIAL VERDICT FORM Defendant. / 15 16 YOUR ANSWER MUST BE UNANIMOUS. 17 1. 18 group: 19 As to the compilable code for the 37 Java API packages in question taken as a A. Has Oracle proven that Google has infringed the overall structure, 20 sequence and organization of copyrighted works? 21 Yes __________ No __________ 22 23 (IF YOU ANSWER “NO” TO QUESTION 1A, THEN SKIP TO QUESTION NO. 2.) 24 25 B. Has Google proven that its use of the overall structure, sequence 26 and organization constituted “fair use”? 27 Yes __________ 28 No __________ 1 2. 2 group: 3 As to the documentation for the 37 Java API packages in question taken as a A. 4 Has Oracle proven that Google has infringed? Yes __________ No __________ 5 6 (IF YOU ANSWER “NO” TO QUESTION 2A, THEN SKIP TO QUESTION NO. 3.) 7 8 B. 9 constituted “fair use”? 10 Yes __________ No __________ 11 For the Northern District of California United States District Court Has Google proven that its use of Oracle’s Java documentation 12 3. Has Oracle proven that Google’s conceded use of the following was infringing, 13 the only issue being whether such use was de minimis: 14 15 16 Yes No A. The rangeCheck method in TimSort.java and ComparableTimSort.Java _______ _______ B. Source code in seven “Impl.java” files and the one “ACL” file _______ _______ C. The English-language comments in CodeSourceTest.java and CollectionCertStoreParameters Test.java _______ _______ 17 18 19 20 21 22 23 24 25 26 27 28 2 1 4. 2 1A. 3 Answer the following special interrogatories only if you answer “yes” to Question A. Has Google proven that Sun and/or Oracle engaged in conduct Sun and/or 4 Oracle knew or should have known would reasonably lead Google to 5 believe that it would not need a license to use the structure, sequence, and 6 organization of the copyrighted compilable code? 7 Yes __________ No __________ 8 9 B. If so, has Google proven that it in fact reasonably relied on such conduct by Sun and/or Oracle in deciding to use the structure, sequence, and 11 For the Northern District of California United States District Court 10 organization of the copyrighted compilable code without obtaining a 12 license? 13 Yes __________ No __________ 14 15 Your answer will be used by the judge with issues he must decide. These interrogatories 16 do not bear on the issues you must decide on Questions 1 to 3. 17 18 19 20 Dated: ____________________________________ FOREPERSON 21 22 23 24 25 26 27 28 3

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