Oracle America, Inc. v. Google Inc.

Filing 1042

Declaration of Daniel Purcell in Support of #1041 Opposition/Response to Motion, filed byGoogle Inc.. (Attachments: #1 Exhibit A)(Related document(s) #1041 ) (Van Nest, Robert) (Filed on 5/1/2012)

EXHIBIT A

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ORACLE AMERICA, INC.,

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Plaintiff, )
vs.

) No. CV 10-03561

GOOGLE, INC.,

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Defendant. )

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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

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Videotaped Deposition of Andrew Rubin, taken at

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633 Battery Street, San Francisco, California,

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commencing at 9:39 a.m., Friday, April 27, 2012,

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before Ashley Soevyn, CSR 12019.

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Reported by:

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Ashley Soevyn, CSR. 12019

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Job No. 143660

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APPEARANCES OF COUNSEL:

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FOR THE PLAINTIFF ORACLE AMERICA, INC.:
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BOIES, SCHILLER & FLEXNER LLP

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BY: ALANNA C. RUTHERFORD, ESQ.

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575 Lexington Avenue, 7th Floor

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New York, New York 10022

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[phone]

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[e-mail]

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FOR THE DEFENDANT GOOGLE, INC.:

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KING & SPALDING

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BY: SCOTT T. WEINGAERTNER, ESQ.

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1185 Avenue of the Americas

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New York, NY 10036-4003

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[phone]

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[e-mail]

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ALSO PRESENT:

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AARON WATLEY, Videographer

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SUSAN KIM, Google Litigation Department

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RACHEL CALFLIN, Legal Assistant King & Spalding

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Q.

Did you have any conversations with anybody

aside from counsel --

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A.

No --

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Q.

-- in preparation for that call?

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A.

-- I didn't.

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Q.

Have you reviewed Dr. Cox's report?

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A.

I have not.

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Q.

Were you told why you were meeting with

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Dr. Cox, aside from any conversations you had with
counsel?
A.

Yes, to, you know, to document the cost

associated with developing Android.

Q.

Do you know Android senior financial Aditya 09:42:59

Agarwal?

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A.

Yes, I do.

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Q.

Do you work with him on a regular basis?

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A.

Yes.

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Q.

Do you believe that you're more fully able

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to respond to the questions about Android's expenses

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than Mr. Agarwal?

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MR. WEINGAERTNER: Objection, form.

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THE WITNESS: In certain areas. My -- my

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expertise is in the cost to develop Android, his

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expertise is in finance and accounting.

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BY MS. RUTHERFORD:

09:43:25

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MR. WEINGAERTNER:

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THE WITNESS: I don't believe I said

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exactly that, no.

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Objection to form.

BY MS. RUTHERFORD:

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Q.

No? Well, do you recall what you said to

him regarding that topic?
A.

When we reviewed the costs, I indicated

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that there were a couple of -- you know, there was a

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09:47:58

couple of pieces of background information that were

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important to consider. One was we didn't start any

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of the accounting until 2008, so there's a bunch of

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costs associated with Android that weren't tracked

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before 2008. I also talked to him briefly that

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although the spreadsheets in these reports

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represent -- should certainly represent costs that

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were part of developing Android, the spreadsheets

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also could include costs in other areas that weren't

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Android. And those were -- we tried our best to

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you know, the accounting system tries its best to

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sort those out, but, you know, there's some odd

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chance that other data would be in there.

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Q.
A.

No, that's about it.

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Q.

09:48:59

Anything else?

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09:48:22

Well, let's focus on the second point you

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said, that the spreadsheets had costs that were
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related to the development of Android, but in other

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areas as well. What are those other areas?

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A.

Potentially other areas. I mean, it's just

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a side effect of the accounting system. And in

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that, depending on the timeframe, how we track

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stuff. I don't know exactly what they were, but I

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would -- my -- my understanding is that these

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numbers included the majority of the cost -- all the

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cost of Android in its entirety.

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Q.

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09:49:26

system is?

Could you explain what the accounting

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MR. WEINGAERTNER: Objection, form.

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THE WITNESS: I don't have -- I'm not an

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accountant, so I don't have the depth of detail on

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what the accounting system is. We discussed

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earlier, I don't know the name of the accounting

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system or software they use.

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BY MS. RUTHERFORD:

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Q.

Do you know the methodology?

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A.

09:49:58

I -- as I understand it, it's standard

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accounting procedures.

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Q.

You don't know.

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MR. WEINGAERTNER:

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THE VIDEOGRAPHER: The time is 11:15 a.m.

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and we are off the record.

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(Recess taken.)
THE VIDEOGRAPHER:

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The time is 11:19 a.m.,

11:19:32

and we are back on the record.

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Thank you.

CROSS-EXAMINATION
BY MR. WEINGAERTNER:
Q.

Mr. Rubin just a couple of quick questions.

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Is the accounting information that's reflected in

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the Android profit and loss document that's been

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marked Trial Exhibit 1079, is that routinely updated

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every quarter by Google?

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A.

It is. We do reports like this every

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quarter and they get given to me at the end of the

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quarter, when the reports are generated.

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Q-

11:19:57

And is it updated by your accounting

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department and reviewed by you in the ordinary

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course of business?

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A.

Yes, it is.

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Q.

On a regular basis?

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A.

Yes, quarterly.

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Q.

And does the information in Trial Exhibit

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1079, the Android profit and loss information,

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accurately encompass Android's financial data for
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the time period shown in the documentation?
A.

Yes, I believe so, to the -- you know, for

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the time period shown absolutely. As I mentioned

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previously, before 2008 we didn't have procedures to

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generate these reports.
MR. WEINGAERTNER: Very good. No further

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questions.

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MS. RUTHERFORD: I just have one.
REDIRECT EXAMINATION

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11:20:31

BY MS. RUTHERFORD:
Q.

You just answered that Trial Exhibit 1079

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accurately encompasses financial data for Android.

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What is -- what's the basis for your answer to that

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question?

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A.

That the system is in place at Google, take

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information from the actual business unit and put it

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into the system. The finance team's responsibility

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is to make sure that that information is accurately

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represented and then the software outputs these

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reports quarterly.

11:20:59

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STATE OF CALIFORNIA

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) ss:

COUNTY OF MARIN

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I, ASHLEY SOEVYN, CSR No. 12019, do hereby
certify:
That the foregoing deposition testimony was

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taken before me at the time and place therein set

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forth and at which time the witness was administered

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the oath;

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That the testimony of the witness and all

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objections made by counsel at the time of the

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examihation were recorded stenographically by me,

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and were thereafter transcribed under my direction

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and supervision, and that the foregoing pages

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contain a full, true and accurate record of all

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proceedings and testimony to the best of my skill

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and ability.

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I further certify that I am neither counsel for

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any party to said action, nor am I related to any

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party to said action, nor am I in any way interested

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in the outcome thereof.

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IN THE WITNESS WHEREOF, I have transcribed my
name this 28th day of April, 2012.

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12019

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