Oracle America, Inc. v. Google Inc.

Filing 1095

AFFIDAVIT Declaration of Christopher C. Carnaval Regarding Google's Production of Android Financial Data in This Litigation by Google Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Van Nest, Robert) (Filed on 5/7/2012)

Highly Confidential - Attorneys' Eyes Only

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UNITED STATES DISTRICT COURT
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, )
vs.

) No. CV 10-03561

GOOGLE, INC.,

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)

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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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Friday, April 27, 2012; San Francisco, California

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---O0O---

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THE VIDEOGRAPHER:

Good morning.

We are on

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the record.

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2012.

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Andrew Rubin.

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court reporter Ashley Soevyn.

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Veritext National Deposition & Litigation Services

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at the request of counsel for plaintiff.

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The time is 9:39 a.m. on April 27th,

09:39:28

This is the video-recorded deposition of
My name is Aaron Watley here with our
We are here from

This deposition is being held at 710

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Sansome Street, San Francisco, California.

Caption

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of this case is Oracle America, Inc., versus Google,

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Inc.

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Please note that audio and video recording

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will be taking place unless all parties have agreed

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to go off the record.

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may pick up whispers, private conversations, and

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cellular interference.

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and all present please identify themselves for the

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09:39:57

record.

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Microphones are sensitive and

At this time, will counsel

MS. RUTHERFORD:

Alanna Rutherford, Boies,

Schiller & Flexner for Oracle America.
MR. WEINGAERTNER:

Scott Weingaertner of

King & Spalding for Google.
THE VIDEOGRAPHER:

Thank you.

The witness
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can be sworn in and we can proceed.

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ANDREW RUBIN,

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the witness, having been duly sworn, testified as

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follows:

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EXAMINATION
BY MS. RUTHERFORD:

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Q.

Good morning, Mr. Rubin.

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A.

Good morning.

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Q.

Could you just state your name and title

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again for the record?

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A.

Sure.

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for Google.

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Q.

Andrew Rubin.

Thank you.

I am SVP of mobile

When were you contacted by

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Dr. Cox to assist him in his report

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reinvestigations?

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A.

Allan Cox and I had a brief conversation on

09:40:57

the phone probably about four, five days ago.

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Q.

How long was that brief conversation?

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A.

Probably less than 30 minutes.

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Q.

Who else was on the line?

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A.

There were other people, but I didn't -- I

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didn't catch their names.
Q.

Do you know why you were contacted by

Dr. Cox?
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A.

I was there to, you know, answer his

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questions and make sure that he was well-informed

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09:41:30

about how we manage our costs on Android.

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Q.

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phone call?

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A.

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Nothing other than refer to a spreadsheet,

Excel, on the exhibit.

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Did you do anything to prepare for that

Q.

You are pointing to the document in front

of you?

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A.

Yeah, I haven't reviewed this document, but

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I have a P&L that we shared with him.

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had that on each side of the phone call.

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Q.

And we both

09:41:58

Was there any follow up after that phone

call?

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A.

No.

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Q.

So you were not contacted again in any

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A.

No.

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Q.

Did you have any discussions with anybody

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way?

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prior to your conversation with Dr. Cox to prepare

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for that conversation?

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MR. WEINGAERTNER:

Going to object and

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instruct the witness not to answer questions

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regarding communications with counsel.

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BY MS. RUTHERFORD:

09:42:29

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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:

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THE WITNESS:

Objection, form.

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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uncertain and vague on the date at which I -- I had

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a conversation with Mr. Cox.

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MS. RUTHERFORD:

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THE WITNESS:

11:15:01

Uh-huh.

During the break I actually

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had a chance to get my cell phone and look at my

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calendar, and that was in mid-April, it wasn't five

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days ago.

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MS. RUTHERFORD:

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approximately what date?

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THE WITNESS:

That's okay.

Do you know

It was in -- I think it was

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probably around April 13th.

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dates.

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I'm terrible with

BY MS. RUTHERFORD:

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Q.

Were you on your cell phone at the time?

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A.

What's that?

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Q.

During the phone conversation, were you on

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your cell phone?
A.

No, I used the calendar method, so I could

see when we scheduled the appointment with him.

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11:15:30

MS. RUTHERFORD:
for that clarification.

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I Understand.

Thank you

I think we're done.

MR. WEINGAERTNER:

Okay.

Let me take a

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minute or two to see whether I have any and we can

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wrap up.

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MS. RUTHERFORD:

Okay.
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MR. WEINGAERTNER:

Thank you.

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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.)

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THE VIDEOGRAPHER:

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11:19:32

and we are back on the record.

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The time is 11:19 a.m.,

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.

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previously, before 2008 we didn't have procedures to

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generate these reports.

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MR. WEINGAERTNER:

MS. RUTHERFORD:

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Very good.

No further

11:20:31

questions.

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As I mentioned

I just have one.

REDIRECT EXAMINATION
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.

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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.

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Q.

The finance team's responsibility

11:20:59

So who inputs the information from the

Android business unit?
A.

Well, it depends what information it is.

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Obviously if it's purchasing related or head count

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related, those are the responsibility of the -- for
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example, head count would be the responsibility --

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new head count would be the responsibility of the HR

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team.

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of the person entering the purchase order.

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Purchase orders would be the responsibility
11:21:29

Essentially, the way we track everything is

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we just have a cost center.

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done, it gets assigned to a cost center person

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inputting data.

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Q.

Things like rental of office space are

included in that cost center, correct?

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MR. WEINGAERTNER:

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THE WITNESS:

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Objection to form.

I don't know.

BY MS. RUTHERFORD:
Q.

Okay.

But you know that benefits are

included in that cost center, correct?
A.

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And when something gets

I believe so.
MR. WEINGAERTNER:

Objection to form.

BY MS. RUTHERFORD:
Q.

And items purchased in the ordinary course

11:21:59

of business are included in the cost center?
A.

When an item is purchased it's -- it's

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entered into the system with a cost center number

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that represents the costs center's provided purchase

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order.

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Q.

Is it also accurate to say you don't know
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