Oracle America, Inc. v. Google Inc.

Filing 1023

MOTION to Strike Portions of Dr. James Kearl's Expert Report (Public Version Pursuant to Dkt. No. 935) filed by Google Inc.. Responses due by 5/14/2012. Replies due by 5/21/2012. (Attachments: #1 Exhibit A)(Van Nest, Robert) (Filed on 4/30/2012)

EXHIBIT A

Confidential - Attorneys' Eyes Only

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3

SAN FRANCISCO DIVISION

4
5
6

ORACLE AMERICA, INC.,

7
8
9
10
11

Plaintiff,
vs.

)
)
)

GOOGLE, INC.,
Defendant.

No. CV 10-03561 WHA

)
)

______________________________)

12
13
14
15

CONFIDENTIAL TESTIMONY - ATTORNEYS' EYES ONLY

16

VIDEOTAPED DEPOSITION OF JAMES KEARL

17

MONDAY, MARCH 26, 2012

18
19
20
21
22
23
24
25

PAGES 1 - 226
Page 1
Veritext National Deposition & Litigation Services
866 299-5127

Confidential - Attorneys' Eyes Only
1

which of these it needs, all right?

2

this -- my analogy here, inept may it be, I don't

3

know which of the 100 pages I want to read; I just

4

know I want to read one.

5

pay the subscription price for the right to read

6

whatever page I wanted to read.

7

Q

Think of

01:11:34

Then I'd be willing to
01:11:47

Doesn't the hypothetical negotiation in

8

this case presuppose a negotiation over just the

9

intellectual property in-suit?

10

A

I understand that is what the law

11

requires.

12

make a lot of sense to an economist, but -- and

13

Judge Alsup asked for my best economic view, so

14

here it is.

15

Q

01:12:01

This opinion simply says that doesn't

So I know the answer to this question

16

already, but you've reviewed Judge Alsup's orders in

17

this case?

18

A

I have.

19

Q

And I'm sure you've read them carefully.

20

A

I've read them carefully.

21

Q

01:12:16

And you've reviewed the transcript of the

22

various hearings on challenges the damage experts

23

01:12:25

report in this case?

24

A

I have.

25

Q

Do you perceive any tension between your

01:12:32
Page 157

Veritext National Deposition & Litigation Services
866 299-5127

Confidential - Attorneys' Eyes Only
1

opinion in Section K of your report and any of

2

Judge Alsup's orders or statements --

3

MR. COOPER:

Objection as to form.

4

MR. NORTON:

Join.

5

THE WITNESS:

01:12:33

6

01:12:42

some tension, yes.

7

I can imagine there will be

BY MR. PURCELL:

8
9
10

Q

Do you intend to tell the jury that, in

your opinion, no apportionment of the 2006 IP bundle
is appropriate as a matter of economics?

11

A

01:12:50

I expect I'll be permitted to tell the

12

jury what Judge Alsup tells me I can tell the

13

jury, so....

14

Q

15

That's a very diplomatic way of putting

it.

01:13:05

16

So moving forward just a little bit to

17

paragraph 118 of your report, there's a section on

18

"Other Copyright Damages," and it starts with a

19

section on "Disgorgement of Infringer's Profits."

20

A

Yes.

21

Q

Do you see that?

22

01:13:27

And then if you look on the next page,

23

Paragraph 121, you calculate Android's total profits

24

through the end of 2011 as $3.1 million, correct?

25

A

Correct.

01:13:42
Page 158

Veritext National Deposition & Litigation Services
866 299-5127