Oracle America, Inc. v. Google Inc.

Filing 1125

MOTION for Summary Judgment re Copyright Damages filed by Google Inc.. Responses due by 5/29/2012. Replies due by 6/5/2012. (Attachments: #1 Declaration of David Zimmer, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Van Nest, Robert) (Filed on 5/12/2012)

Exhibit C

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MORRISON & FOERSTER LLP
MICHAEL A. JACOBS (Bar No. 111664)
[e-mail]
MARC DAVID PETERS (Bar No. 211725)
[e-mail]
755 Page Mill Road
Palo Alto, CA 94304-1018
Telephone: [phone] / Facsimile: [phone]

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BOIES, SCHILLER & FLEXNER LLP
DAVID BOIES (Admitted Pro Hac Vice)
[e-mail]
333 Main Street
Armonk, NY 10504
Telephone: [phone] / Facsimile: [phone]
STEVEN C. HOLTZMAN (Bar No. 144177)
[e-mail]
1999 Harrison St., Suite 900
Oakland, CA 94612
Telephone: [phone] / Facsimile: [phone]

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ORACLE CORPORATION
DORIAN DALEY (Bar No. 129049)
[e-mail]
DEBORAH K. MILLER (Bar No. 95527)
[e-mail]
MATTHEW M. SARBORARIA (Bar No. 211600)
[e-mail]
500 Oracle Parkway
Redwood City, CA 94065
Telephone: [phone] / Facsimile: [phone]
Attorneys for Plaintiff
ORACLE AMERICA, INC.

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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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v.

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Case No. 3:10-cv-03561-WHA
ORACLE AMERICA, INC.’S
SECOND AMENDED INITIAL
DISCLOSURES
Judge: Honorable William Alsup

GOOGLE, INC.
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Defendant.
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ORACLE AMERICA, INC.’S SECOND AMENDED INITIAL DISCLOSURES
CASE NO. 3:10-cv-03561-WHA
pa-1480073

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Pursuant to Federal Rule of Civil Procedure 26(a)(1) and 26(e), Plaintiff Oracle America,

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Inc. (“Oracle”) hereby provides these supplemental and amended initial disclosures. Oracle has

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made a reasonable and good faith effort to make the initial disclosures provided herein, including

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providing general descriptions of documents, and identifying persons who may have knowledge

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of pertinent information, relating to the issues in this action. However, Oracle’s investigation of

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its claims and defenses in this action is ongoing. Other potential witnesses and/or documents may

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be identified and become significant as discovery proceeds and as the case develops, and

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therefore, Oracle reserves the right to supplement these disclosures.

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INDIVIDUALS LIKELY TO HAVE DISCOVERABLE INFORMATION
THAT ORACLE MAY USE TO SUPPORT ITS CLAIMS OR DEFENSES
(FED. R. CIV. P. 26(a)(1)(A)(i)).

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The persons Oracle believes are likely to have discoverable information that Oracle may

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I.

use to support its claims and defenses are:
Name, Address, Telephone
Greg Bollella
Contact through counsel for Oracle
Roger Calnan
Contact through counsel for Oracle
Andrew Carr
Contact through counsel for Oracle
Safra Catz
Contact through counsel for Oracle

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Neal Civjan
Former Oracle employee
Patrick Curran
Contact through counsel for Oracle
Bill Daly
Contact through counsel for Oracle
Don Deutsch
Contact through counsel for Oracle
Larry Ellison
Contact through counsel for Oracle

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Gustavo Galimberti
Contact through counsel for Oracle

Subject
Java development
Java development and distribution
Java distribution
Oracle’s business; Oracle’s acquisition of Sun;
Java business models, business plans, and
associated financial data; license discussions
between Oracle and Google
Java licensing and sales, including negotiations
with Google
Java standards, JCP, and open Java
Oracle financial data
Java standards, JCP, and open Java, Java
revenues and business
History of Oracle; Oracle’s business; Oracle’s
acquisition of Sun; Java business models and
business plans; license discussions between
Oracle and Google
Java development, Java licensing, Java
distribution and support

ORACLE AMERICA, INC.’S SECOND AMENDED INITIAL DISCLOSURES
CASE NO. 3:10-cv-03561-WHA
pa-1480073

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Name, Address, Telephone
Craig Gering
Former Oracle employee
Ivgen Guner
Contact through counsel for Oracle
Vineet Gupta
Former Oracle employee
Steve Harris
Contact through counsel for Oracle
Jeannette Hung
Contact through counsel for Oracle
Thomas Kurian
Contact through counsel for Oracle

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Jacob Lehrbaum
Contact through counsel for Oracle
Matthew Mayerson
Contact through counsel for Oracle
Kerry McGuire
Contact through counsel for Oracle
John Pampuch
Contact through counsel for Oracle
Bill Pittore
Contact through counsel for Oracle
Nandini Ramani
Contact through counsel for Oracle
Mark Reinhold
Contact through counsel for Oracle
Hasan Rizvi
Contact through counsel for Oracle
Susan Roach
Contact through counsel for Oracle
Bill Shannon
Contact through counsel for Oracle

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Param Singh
Contact through counsel for Oracle
Guy Steele
Contact through counsel for Oracle
Brian Sutphin
Contact through counsel for Oracle

Subject
Java development, licensing, and testing
Oracle financial data
Java sales and licensing, including negotiations
with Google
Java development, distribution, licensing,
business models, and business plans
Java development
Java development, distribution, licensing,
business models, and business plans; license
discussions between Oracle and Google
Java licensing and copyrights
Software distribution
Java business and revenues
Java VM technology
Java VM development
Java Development
Java development, distribution, licensing,
business models, business plans, patent rights
and copyrights
Java development, distribution, licensing,
business models, and business plans; license
discussions between Oracle and Google
Java development, distribution, licensing,
business models, business plans, patent rights
and copyrights
Java development, distribution, licensing,
business models, business plans, patent rights
and copyrights
Mobile Java development and business plan
Java development
Java licensing and business, including
negotiations with Google, Java business plans

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ORACLE AMERICA, INC.’S SECOND AMENDED INITIAL DISCLOSURES
CASE NO. 3:10-cv-03561-WHA
pa-1480073

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Name, Address, Telephone
Ken Glueck
Contact through counsel for Oracle
Michael Pfefferlen
Contact through counsel for Oracle
Adam Messinger
Contact through counsel for Oracle
Bhaskar Gorti
Contact through counsel for Oracle
Jeet Kaul
Former Oracle employee
Kathleen Knopoff
Former Sun employee
Leo Cizek
Contact through counsel for Oracle
Lino Persi
Contact through counsel for Oracle
Noel Poore
Contact through counsel for Oracle
Geoffrey Morton
Contact through counsel for Oracle
Ed Washington
Contact through counsel for Oracle
Govind Vedantham
Contact through counsel for Oracle
Martin Lister
Former Oracle Employee
Nachi Periakaruppan
Former Oracle Employee
Brian Faye
Contract through counsel for Oracle
Rajiv Mordani
Contact through counsel for Oracle
Joe (Huizhe) Wang
Contact through counsel for Oracle
Lars Bak
Google employee
Nedim Fresko
121 Lincoln Way
San Francisco, CA 94122-2717
Li Gong
Mozilla Foundation
650 Castro Street, Suite 300
Mountain View, CA 94041-2072
[e-mail]

Subject
License discussions between Oracle and
Google; Java business models and business
plans
Java sales and licensing, including negotiations
with Google
Java development, distribution, licensing,
business models, and business plans
Oracle’s business
Java licensing and business
Java licensing and business
Java licensing and business, including
negotiations with Google, Java business plans
Java licensing and business
Mobile Java development and business plan
Java licensing and business
Java licensing and business
Java licensing and business
Java licensing and business
Java licensing and business
Java licensing and business
Java development
Java development
Inventor of U.S. Patent No. 6,910,205
Inventor of U.S. Patent Nos. 5,966,702 and
7,426,720
Inventor of U.S. Patent Nos. 6,125,447 and
6,192,476

ORACLE AMERICA, INC.’S SECOND AMENDED INITIAL DISCLOSURES
CASE NO. 3:10-cv-03561-WHA
pa-1480073

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Name, Address, Telephone
James Gosling
Google employee
Robert Griesemer
Google employee
Richard Tuck
343 Hill Street
San Francisco, CA 94114-2916
Frank Yellin
Google employee
Representatives of Google, including witnesses
identified in Google’s initial and Second
Amended Disclosures and individuals included
in Google’s custodial collection
Joshua Bloch
Google employee

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Dan Bornstein
Google employee

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Bill Buzbee
Google employee

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Eric Chu
Google employee
Gregorz Czajkowski
Google employee

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Tim Lindholm
Google employee
Rich Miner
Google employee
Larry Page
Google employee

Subject
Inventor of U.S. Patent No. RE38,104
Inventor of U.S. Patent No. 6,910,205
Inventor of U.S. Patent Nos. 5,966,702 and
6,061,520
Inventor of U.S. Patent No. 6,061,520
Android development, marketing and
distribution (including Open Handset Alliance),
business plans, infringement, profit models,
and revenues
Android development, marketing and
distribution (including Open Handset Alliance),
business plans, infringement, profit models,
and revenues
Android development, marketing and
distribution (including Open Handset Alliance),
business plans, infringement, profit models,
and revenues
Android development, marketing and
distribution (including Open Handset Alliance),
business plans, infringement, profit models,
and revenues
Java license negotiations between Google and
Sun
Android development, marketing and
distribution (including Open Handset Alliance),
business plans, infringement, profit models,
and revenues
Java license negotiations between Google and
Sun
Java license negotiations between Google and
Sun
Knowledge of Oracle’s Java-related intellectual
property; Android development, marketing and
distribution (including Open Handset Alliance),
business plans, infringement, profit models,
and revenues; license discussions between
Google and Oracle

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ORACLE AMERICA, INC.’S SECOND AMENDED INITIAL DISCLOSURES
CASE NO. 3:10-cv-03561-WHA
pa-1480073

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Name, Address, Telephone
Andy Rubin
Google employee

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Eric Schmidt
Google employee

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Representatives of manufacturers and
distributors of Android devices
Alan Brenner
RIM/Blackberry employee
Ethan Beard
Facebook employee
Rich Green
Nokia employee
Individuals identified by Google in response to
Oracle’s interrogatory as having been involved
in the development of Android
Other former employees of Sun and Oracle as
referenced in Google’s Disclosures, including
but not limited to:
Noreen Krall
Scott McNealy

Subject
Android development, marketing and
distribution (including Open Handset Alliance),
business plans, infringement, profit models,
revenues, and license negotiations between
Google and Oracle
Java development; knowledge of Oracle’s Javarelated intellectual property; Android
development, marketing and distribution
(including Open Handset Alliance), business
plans, infringement, profit models, and
revenues; license discussions between Google
and Oracle
Android distribution, revenues, infringement
Java development, distribution, licensing,
business models, business plans, patent rights
and copyrights
Java license negotiations between Google and
Sun
Java development, distribution, licensing,
business models, business plans, patent rights
and copyrights
Android development

Java development, distribution, licensing,
business models, and business plans; license
discussions between Oracle and Google; the
patents-in-suit; the asserted copyrights; and
issues related thereto

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Individuals identified as custodians of
documents by any party in response to
discovery requests or by third party in response
to a subpoena in this action.

Issues raised by the documents in question.

All persons to be identified as expert witnesses
pursuant to and at the time required by this
Court’s orders regarding disclosure of such
witnesses.
All persons noticed for deposition and deposed
by either Oracle or Google in this litigation.

To be disclosed in accordance with the Court’s
rules regarding expert disclosure.

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Issues within the scope of the examination of
the witness in his/her deposition.

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ORACLE AMERICA, INC.’S SECOND AMENDED INITIAL DISCLOSURES
CASE NO. 3:10-cv-03561-WHA
pa-1480073

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II.

DOCUMENTS (FED. R. CIV. P. 26(a)(1)(A)(ii)).

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Oracle discloses and describes by category the following documents, electronically-stored

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information, data compilations and tangible things that are or may be in the possession, custody

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or control of Oracle that Oracle currently and reasonably believes it may use to support its claims

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or defenses:

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1.

U.S. Patent No. 6,125,447 and related files.

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2.

U.S. Patent No. 6,192,476 and related files.

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3.

U.S. Patent No. 5,966,702 and related files.

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U.S. Patent No. 7,426,720 and related files.

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5.

U.S. Patent No. RE38,104 and related files.

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6.

U.S. Patent No. 6,910,205 and related files.

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U.S. Patent No. 6,061,520 and related files.

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8.

U.S. Certificate of Copyright Registration for J2SE 1.4, the copyrighted
work, and related files.

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work, and related files.

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10.

U.S. Certificate of Supplemental Copyright Registration for J2SE 5.0 and
related files.

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U.S. Certificate of Copyright Registration for J2SE 5.0, the copyrighted

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Documents evidencing the conception, development, reduction to practice,
and design of the inventions claimed by the patents at issue.

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Documents relating to the history and development of the Java platform.

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13.

Java releases and related documentation.

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Documents evidencing sales, distribution, deployment, and use of Java
products.

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Documents offered as exhibits at deposition.

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16.

Java-related contracts, licenses, and pricing models.

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Sun and Oracle Java business plans and financial results.

ORACLE AMERICA, INC.’S SECOND AMENDED INITIAL DISCLOSURES
CASE NO. 3:10-cv-03561-WHA
pa-1480073

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Documents evidencing Google’s knowledge of the Sun patent portfolio,

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including documents relating to licensing of the Java IP rights by Google

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and Google’s participation in the Java Community Process.

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Android releases and related documentation.

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Google marketing, advertising, and press releases, and statements

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regarding Android, Android devices, Android distribution and deployment,

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and revenues attributable to Android.
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Public and third-party reports, releases, and statements regarding the

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distribution and deployment of Android devices, and the impact of Android

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and Android devices on the use, distribution, and deployment of the Java

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platform and Java devices.
22.

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Documents relating to each type and category of damages described in

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Section III below, including license fees, revenue from and profitability of

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Java and related Oracle businesses, and Oracle’s and Google’s business

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models for the relevant lines of business.

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The above documents are maintained primarily at one or more Oracle locations in

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California (Santa Clara, Redwood Shores, and Menlo Park) and Broomfield, Colorado, depending

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on the location of the various individuals identified above. Oracle has otherwise produced and is

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continuing to produce documents that Oracle reasonably believes it may use to support its claims

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or defenses.

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III.

INITIAL DISCLOSURES REGARDING COMPUTATION OF DAMAGES
(FED. R. CIV. P. 26(a)(1)(A)(iii)).

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Based on Court order (Dkt. No. 230), a revised and/or new damages expert report will

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provided on September 12, 2011, subject to possible supplementation thereafter. Oracle has

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otherwise provided information regarding the computation of damages in response to Google’s

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interrogatories, and Oracle incorporates both by reference into these amended disclosures. As

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noted previously, Oracle has not completed its calculation for monetary damages as it will require
expert evaluation of information in Google’s possession and further supplementation after further

ORACLE AMERICA, INC.’S SECOND AMENDED INITIAL DISCLOSURES
CASE NO. 3:10-cv-03561-WHA
pa-1480073

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productions of documents by Google. Oracle otherwise incorporates by reference its initial

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disclosures.

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IV.

INITIAL DISCLOSURES REGARDING INSURANCE
(FED. R. CIV. P. 26(a)(1)(A)(iv)).

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Oracle is unaware of any insurance agreement under which an insurance business may be

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liable to satisfy all or part of a judgment in this action or to indemnify or reimburse for payments

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made to satisfy any judgment.

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Dated: August 10, 2011

BOIES, SCHILLER & FLEXNER LLP

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By: /s/ Alanna Rutherford
Alanna Rutherford
Attorneys for Plaintiff
ORACLE AMERICA, INC.

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ORACLE AMERICA, INC.’S SECOND AMENDED INITIAL DISCLOSURES
CASE NO. 3:10-cv-03561-WHA
pa-1480073

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CERTIFICATE OF SERVICE

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I declare that I am employed with the law firm of Morrison & Foerster LLP, whose address
is 755 Page Mill Road, Palo Alto, California 94304-1018. I am not a party to the within cause,
and I am over the age of eighteen years.

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I further declare that on August 10, 2011, I served a copy of:

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ORACLE AMERICA, INC.’S SECOND AMENDED INITIAL
DISCLOSURES

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BY ELECTRONIC SERVICE [Fed. Rule Civ. Proc. rule 5(b)] by electronically
mailing a true and correct copy through Morrison & Foerster LLP's electronic mail
system to the e-mail address(es) set forth below, or as stated on the attached service
list per agreement in accordance with Federal Rules of Civil Procedure rule 5(b).

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Robert F. Perry
Scott T. Weingaertner
Bruce W. Baber
Mark H. Francis
Christopher C. Carnaval
KING & SPALDING LLP
1185 Avenue of the Americas
New York, NY 10036-4003
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Timothy T. Scott
Geoffrey M. Ezgar
Leo Spooner III
KING & SPALDING, LLP
333 Twin Dolphin Drive, Suite 400
Redwood Shores, CA 94065
[e-mail]
[e-mail]
[e-mail]
Fax:

650.590.1900

[e-mail]
Fax:

212.556.2222

Donald F. Zimmer, Jr.
Cheryl Z. Sabnis
KING & SPALDING LLP
101 Second Street, Suite 2300
San Francisco, CA 94105

Steven Snyder
KING & SPALDING LLP
100 N. Tryon Street, Suite 3900
Charlotte, NC 28202
[e-mail]

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[e-mail]
[e-mail]

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Fax: [phone]

Fax:

704.503.2622

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CERTIFICATE OF SERVICE
CASE NO. 3:10-cv-03561-WHA
pa-1480073

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Brian Banner
King & Spalding LLP
401 Congress Avenue
Suite 3200
Austin, TX 78701

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[e-mail]

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Fax. [phone]

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Ian C. Ballon
Heather Meeker
GREENBERG TRAURIG LLP
1900 University Avenue, 5th Floor
East Palo Alto, CA 94303

Joseph R. Wetzel
Dana K. Powers
GREENBERG TRAURIG, LLP
153 Townsend Street, 8th Floor
San Francisco, CA 94107

[e-mail]
[e-mail]

[e-mail]
[e-mail]

Fax:

Fax: [phone]

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[e-mail]
Fax:

650.328.8508

[e-mail]
Fax: [phone]

[e-mail]

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[e-mail]

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Fax: [phone]

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Wendy M. Mantell
GREENBERG TRAURIG LLP
2450 Colorado Avenue, Suite 400 East
Santa Monica, CA 90404

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650.618.1806

Robert A. Van Nest
Christa M. Anderson
Michael S. Kwun
Daniel Purcell
Eugene M. Paige
Matthias A. Kamber
KEKER & VAN NEST LLP
633 Battery Street
San Francisco, CA 94111-1809
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Valerie W. Ho
GREENBERG TRAURIG LLP
2450 Colorado Avenue, Suite 400E
Santa Monica, CA 90404

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Renny F. Hwang
GOOGLE INC.
1600 Amphitheatre Parkway
Mountain View, CA 94043

Fax: [phone]
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Palo Alto, California, this 10th day of August, 2011.

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Yuka Teraguchi
(typed)

/s/ Yuka Teraguchi
(signature)

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CERTIFICATE OF SERVICE
CASE NO. 3:10-cv-03561-WHA
pa-1480073

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