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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________________________

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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.

) VOLUME I
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________________________)

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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

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Videotaped Patent Issues Deposition

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of JOHN C. MITCHELL, Ph.D., taken at

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755 Page Mill Road, Palo Alto, California,

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commencing at 9:43 a.m., Tuesday,

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September 6, 2011, before Leslie Rockwood,

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RPR, CSR No. 3462.

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PAGES 1 - 270
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THE REPORTER:

Would you 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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I do.
Thank you.
You may proceed.

EXAMINATION
BY MR. PAIGE:

09:44:15

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Q.

BY MR. PAIGE:

Good morning, Dr. Mitchell.

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A.

Good morning.

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Q.

I know you've been deposed before, and I know

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you know the rules of the road pretty well so I'll skip

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that.

09:44:24

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A.

Okay.

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Q.

And just ask you:

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Is there any reason that

you couldn't give your best testimony here today?

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A.

Not that I know of.

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Q.

Are you taking any medication or anything

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else that might impair your ability to give your best

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09:44:30

testimony today?

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A.

No, I'm not.

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Q.

Okay.

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Have you developed any opinions on

matters relating to this case that are not set forth in

09:44:37
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Highly Confidential - Attorneys' Eyes Only
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Q.

Have you read the code for the CTS?

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A.

I have read some of it.

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Q.

And from reading that code, can you tell me

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whether it tests for the presence of any code that you

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claim to be infringing in this matter?

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A.

11:06:42

There is a more detailed explanation in my

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write-up of experiments I conducted that has to do with

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the security tests in particular.

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else that write-up describes.

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I don't recall what

And if I remember correctly, it's a general

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explanation of the kind of experiments I conducted.

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there may be other things that I did that are not

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directly repeated in detail in that portion of the

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11:07:07

report.

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Q.

So

Can you tell me whether the CTS test from

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your review of the code tests for anything other than the

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security patents that are relevant to your opinions on

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11:07:23

infringement in this case?

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A.

You know, I'm not going to be able to recall,

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you know, some significant period of time after carrying

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out those tests exactly what's covered.

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is that the CTS takes considerable time, at least hours,

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maybe more than ten hours on some platforms to run, if I

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remember correctly.

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things.

11:07:42

My recollection

So I'm sure that it tests many
11:08:09
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ErrataSheet
(Reporter:Leslie Rockwood,RPR,CSRNo. 3462 with Veritext | 212-279-9424)
Oracle America,Inc. v. Google,Inc.
WHA
USDCND of Cal.(SF)- No. CV '10-03561
Deposition JohnMitchell- September ,20ll
of
6-7
I, JobnMitchell, do herebycertify that I havereadthe foregoingt.anscriptofmy testimony,and
further certiry that it is a true andaccurate
rccord ofmy testimony(with the exceptionofthe
correctionslisted below):
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