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)

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Highly 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 Plaintiff, 8 vs. 9 GOOGLE, INC., 10 11 ) ) ) No. CV 10-03561 WHA Defendant. ) ) _______________________) 12 13 14 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY 15 16 17 Videotaped Deposition of DANIEL MORRILL, 18 taken at 333 Twin Dolphin Drive, Suite 19 400, Redwood Shores, California, commencing 20 at 9:43 a.m., Tuesday, July 12, 2011, 21 before Leslie Rockwood, RPR, CSR No. 3462. 22 23 24 25 PAGES 1 - 248 Page 1 Veritext National Deposition & Litigation Services 866 299-5127 Highly Confidential - Attorneys' Eyes Only 1 MS. TERAGUCHI: 2 Foerster for plaintiff Oracle America. 3 4 MR. WEINGAERTNER: Scott Weingaertner of King & Spalding for Google. 5 6 Yuka Teraguchi of Morrison & MR. KAMBER: Matthias Kamber of Keker & Van 09:41:11 Nest for Google. 7 MR. HWANG: 8 THE VIDEOGRAPHER: 9 The witness will be sworn in and we may 10 Thank you, Counsel. proceed. 09:41:21 11 12 Renny Hwang of Google. THE REPORTER: Would you raise your right hand, please, Mr. Morrill. 13 You do solemnly state that the evidence you 14 shall give in this matter shall be the truth, the whole 15 truth and nothing but the truth, so help you God. 16 THE WITNESS: 17 THE REPORTER: 18 19 I do. Thank you. EXAMINATION BY MR. MUINO: 20 Q. Good morning, Mr. Morrill. 21 A. Good morning. 22 Q. Can you please state your full name for the 24 A. My full name is Daniel Lawrence Morrill. 25 Q. And what is your home address? 23 09:41:34 record. 09:41:43 Page 5 Veritext National Deposition & Litigation Services 866 299-5127 Highly Confidential - Attorneys' Eyes Only 1 Q. Did you draft that -- this paragraph? 2 A. I believe that this was one of the sections 3 that was present when I began work with this document, 4 but I believe that I substantially revised this section 5 and probably wrote this text in its current form. 6 Q. Okay. 15:17:52 What does it mean for a device 7 implementation to support the full Dalvik executable 8 bytecode specification? 9 A. It means it includes a virtual machine that 10 can load and execute Dalvik bytecode as described in the 11 resources ten listed in the text. 12 Q. 15:18:08 Does it require that the Dalvik virtual 13 machine be included in the implementation? 14 MR. WEINGAERTNER: 15 THE WITNESS: 16 Q. BY MR. MUINO: Objection to form. It does not require that. 15:18:25 Are you aware of any 17 Android-compatible devices that do not include the Dalvik 18 virtual machine? 19 MR. WEINGAERTNER: 20 THE WITNESS: Objection to form. I'm not by name. However, I am 21 aware that there is a software company which makes a -- 22 makes and markets a version or alternate implementation 23 of the Dalvik virtual machine known, I believe, as Dalvik 24 Turbo, is their brand name for it, and I believe that 25 company's name is Myriad. 15:18:41 15:19:02 Page 156 Veritext National Deposition & Litigation Services 866 299-5127

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