Oracle America, Inc. v. Google Inc.

Filing 1080

MOTION in Limine to Exclude Evidence Regarding Compatibility Testing Suite filed by Google Inc.. Responses due by 5/21/2012. Replies due by 5/29/2012. (Attachments: #1 Declaration of Truman Fenton, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Van Nest, Robert) (Filed on 5/6/2012)

Highly Confidential - Attorneys' Eyes Only

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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,

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vs.

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GOOGLE, INC.,

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)
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) No. CV 10-03561 WHA

Defendant.

)
)

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-- HIGHLY CONFIDENTIAL, ATTORNEYS' EYES ONLY --

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Videotaped Federal Rule 30(b)(6), Topic 7,

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deposition of PATRICK BRADY, taken at the Law

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Offices of King & Spalding LLP, 333 Twin Dolphin

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Drive, Redwood Shores, California, commencing at

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9:36 a.m., Thursday, July 21, 2011, before

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Leslie Rockwood, RPR, CSR No. 3462.

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PAGES 1 - 133
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THURSDAY, JULY 21, 2011; REDWOOD SHORES, CALIFORNIA

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9:36 A.M.

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---oOo---

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THE VIDEOGRAPHER:

Good morning.

We are on

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the record, Ladies and Gentlemen, at 9:36 a.m. on

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July 21st, 2011.

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Patrick Brady representing Google, Incorporated, pursuant

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to Federal Rule of Procedure 30(b)(6), Topic 7.

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09:36:33

This is the videotaped deposition of

My name is Benjamin Gerald, here with our

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court reporter Leslie Rockwood.

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Veritext National Deposition and Litigation Services at

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the request of counsel for the plaintiff.

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We are here from

09:37:01

This deposition is being held at 333 Twin

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Dolphin Drive in the City of Redwood Shores, California.

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The caption of this case is Oracle America, Incorporated,

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versus Google, Incorporated.

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WHA.

09:37:25

Case Number is CV 10-03561

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Please note that audio and video recording

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will take place unless all parties agree to go off the

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record.

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whispers, private conversations and cellular

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interference.

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Microphones are sensitive and may pick up

09:37:58

At this time will counsel and all present
please identify themselves for the record.
MR. MUINO:

Daniel Muino of Morrison &

09:38:08
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Foerster for the plaintiff Oracle America.

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MR. NORTON:

Flexner for plaintiff Oracle America.

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Fred Norton of Boies, Schiller &

MR. KAMBER:

Matthias Kamber of Keker & Van

Nest for Google, Inc.

09:38:22

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MR. HWANG:

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THE VIDEOGRAPHER:

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Will the reporter please swear in the

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Renny Hwang of Google.
Thank you.

witness.

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THE REPORTER:

Raise your right hand, please.

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You do solemnly state that the evidence you

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shall give in this matter shall be the truth, the whole

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truth and nothing but the truth so help you God.

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THE WITNESS:

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THE REPORTER:

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THE VIDEOGRAPHER:

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Please proceed.

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Yes.
Thank you.
Thank you.

EXAMINATION
BY MR. MUINO:

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Q.

Good morning, Mr. Brady.

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A.

Good morning.

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Q.

Can you please state your full name for the

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A.

Patrick Brady.

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Q.

And what is your home address?

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09:38:40

record.

09:38:46
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Foerster for the plaintiff Oracle America.

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MR. NORTON:

Flexner for plaintiff Oracle America.

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Fred Norton of Boies, Schiller &

MR. KAMBER:

Matthias Kamber of Keker & Van

Nest for Google, Inc.

09:38:22

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MR. HWANG:

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THE VIDEOGRAPHER:

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Will the reporter please swear in the

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Renny Hwang of Google.
Thank you.

witness.

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THE REPORTER:

Raise your right hand, please.

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You do solemnly state that the evidence you

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shall give in this matter shall be the truth, the whole

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truth and nothing but the truth so help you God.

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THE WITNESS:

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THE REPORTER:

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THE VIDEOGRAPHER:

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Please proceed.

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Yes.
Thank you.
Thank you.

EXAMINATION
BY MR. MUINO:

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Q.

Good morning, Mr. Brady.

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A.

Good morning.

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Q.

Can you please state your full name for the

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A.

Patrick Brady.

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Q.

And what is your home address?

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09:38:40

record.

09:38:46
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point there was tests written for those API's by a third

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party.

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were included in this version of CTS or if they're in the

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now current version of CTS.

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I couldn't say for sure if that was -- if those

Q.

BY MR. MUINO:

Are you familiar with an API

12:05:04

package called java.security?

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A.

I've heard of that API package before, yes.

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Q.

Do you know if that API package is tested

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under the CTS?

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A.

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I do not.
MR. KAMBER:

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Q.

BY MR. MUINO:

12:05:16
Objection to form.
With respect to the last row

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on this page, anyway, of this table, it says, "Dalvik VM

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tests."

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testing the Dalvik VM."

And the description says, "The tests focus on

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12:05:33

Do you see that?

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A.

I do.

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Q.

Do you know what those tests covered?

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A.

I don't know specifically.

These are --

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generally, these are also black box tests.

So we -- my

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understanding of these tests is that they send in Dalvik

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executable bytecode both, you know, valid and invalid,

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and make sure that whatever virtual machine is executing,

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that DEX bytecode responds according to how we would

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expect them to respond.

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So again, black box testing, but passing in,

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you know, bytecode expecting a response or a, you know,

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certain failure.

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Q.

Can you explain what you mean when you say

"black box testing"?
A.

12:06:23

So the purpose of the CTS, we've written the

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CTS because we know that OEMs make extensive

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modifications to the platform.

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were prevented from doing so in some way, we wouldn't

If they didn't or if they

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need the CTS; right?

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same information is compatible with itself.

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You don't need to test it if the

12:06:41

So black box testing makes the assumption

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that they're making changes under the hood.

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we need to ensure that applications that would be written

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with the Android SDK could run -- could execute on these

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varying implementations of Android.

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And that --

12:06:55

So from a black box testing, what I mean by

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that is you have no knowledge, and you assume no

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knowledge, of the internal workings of a system, but you

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pass at inputs and you test the outputs.

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answers it.

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Q.

I hope that

12:07:15

If a device did not have a Dalvik Virtual

Machine, can it pass the Dalvik Virtual Machine test?
MR. KAMBER:

Objection to form, improper

hypothetical.

12:07:31
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THE WITNESS:

I think -- you know, when we

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say -- it's tough to say when we say "the Dalvik Virtual

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Machine."

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that you have a virtual machine.

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design actual assembly machine code that would be able to

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interpret DEX bytecode, Dalvik executive bytecode.

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don't think there is one implementation of the Dalvik

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Virtual Machine.

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virtual machine that was capable of running this DEX

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bytecode.

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So if -- what is required by these tests is
Or I suppose you could
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I

And I think you could have a different

here.

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And I would assume that you could pass a CTS

12:08:10

It's much the same way in that we have media

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framework API's.

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implementation of a media framework called Stagefright.

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But many of our partners swap out that version and put in

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some commercial version or an internally-developed

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version that passes CTS.

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CTS is to make sure that, you know, the inputs and

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outputs are expected but that you can swap in different

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components.

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Q.

And we have a default or upstream

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That's kind of the point of a

12:08:47
BY MR. MUINO:

Are you aware of any OEMs that

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modified their Android devices to replace the Dalvik

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Virtual Machine with another virtual machine and the

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device passed the Dalvik Virtual Machine's tests of the

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CTS?

12:09:02
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