Oracle America, Inc. v. Google Inc.

Filing 1159

STIPULATION AND ORDER REGARDING COPYRIGHT DAMAGES re #1158 STIPULATION WITH PROPOSED ORDER Regarding Copyright Damages filed by Google Inc. Signed by Judge William Alsup on 5/16/12. (dt, COURT STAFF) (Filed on 5/16/2012)

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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.

Case No. 3:10-cv-03561-WHA

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Plaintiff,

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v.
GOOGLE INC.

Honorable Judge William Alsup
STIPULATION AND [PROPOSED]
ORDER REGARDING COPYRIGHT
DAMAGES

Defendant.

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STIPULATION REGARDING COPYRIGHT DAMAGES
CIV. NO. CV 10-03561-WHA

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Subject to the approval of the Court, the parties stipulate and agree as follows:
1.

result of the rangeCheck code and the decompiled files that were the subject of questions 3.A
and 3.B of the phase one jury verdict (the “Copied Materials”) shall be deferred in accordance
with this stipulation.
2.

an assessment and award of monetary relief, then:
A.

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B.

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Oracle shall be free to seek from the Future Jury monetary relief in the

form of profits for the infringement arising as a result of the Copied Materials, but only to
the extent such profits are not taken into account in computing any actual damages or
profits sought for infringement of the SSO; provided, however, that nothing herein shall
require Oracle to allocate its actual damages and/or profits claimed between the SSO and
the Copied Materials; and

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Proceedings with respect to the SSO Claim will be bifurcated, i.e., liability

will be tried separately from willfulness and damages;

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In the event that Oracle’s claim based on the SSO of the 37 accused API packages

or any portion thereof (the “SSO Claim”) is ultimately submitted to a jury (the “Future Jury”) for

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The assessment and award of monetary relief, if any, for infringement arising as a

C.

In the event Oracle seeks profits arising as a result of the Copied Materials

in such a future damages phase, neither party may use any expert opinions or reports or
other evidence that they could not have used in the event such claim for profits was tried
before the current jury.
3.

In the event that no portion of Oracle’s SSO Claim is submitted to a future jury

for an assessment and award of monetary relief, then:
A.

The parties waive their right to a jury trial on the issue of monetary relief

if any, for infringement arising as a result of the Copied Materials;
B.

Oracle waives any claim for actual damages or profits for such

infringement; and
C.

The Court will set an amount of statutory damages for such infringement

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STIPULATION REGARDING COPYRIGHT DAMAGES
CIV. NO. CV 10-03561-WHA

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in accordance with 17 U.S.C. § 504(c).
4.

Nothing contained in this stipulation shall impair or adversely affect in any way

the rights of the parties to raise in any appeal any and all issues relating to the Copied Materials;
for the avoidance of doubt and without limiting in any way the generality of the foregoing, such
rights of appeal shall include, among other issues: (a) issues relating to the definitions of “work
as a whole” that formed part of the instructions to the current jury and/or whether use of the
rangeCheck code or the decompiled files was de minimis as a matter of law and (b) issues
relating to the amounts of any damages (including statutory damages) awarded in accordance
with the procedures set forth above.
5.

In the event the current jury returns a verdict finding infringement as to any claim

of the 104 Patent or the 520 Patent, the parties shall proceed in accordance with the stipulations
previously entered into between the parties.

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[PROPOSED] ORDER

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The foregoing stipulation is approved, and IT IS SO ORDERED.

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Date: May 16, 2012
Honorable William Alsup
Judge, United States District Court

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STIPULATION REGARDING COPYRIGHT DAMAGES
CIV. NO. CV 10-03561-WHA

1 DATED: May 16, 2012

KING & SPALDING LLP

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By: /s/ Bruce W. Baber

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SCOTT T. WEINGAERTNER (Pro Hac Vice)
[e-mail]
ROBERT F. PERRY
[e-mail]
BRUCE W. BABER (Pro Hac Vice)
[e-mail]
1185 Avenue of the Americas
New York, NY 10036-4003
Telephone: [phone]
Facsimile: [phone]
KEKER & VAN NEST LLP
ROBERT A. VAN NEST (SBN 84065)
[e-mail]
CHRISTA M. ANDERSON (SBN 184325)
[e-mail]
DANIEL PURCELL (SBN 191424)
[e-mail]
KEKER & VAN NEST LLP
633 Battery Street
San Francisco, CA 94111-1809
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
GOOGLE INC.

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STIPULATION REGARDING COPYRIGHT DAMAGES
CIV. NO. CV 10-03561-WHA

1 Dated: May 16, 2012

BOIES, SCHILLER & FLEXNER LLP

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By: /s/ Steven C. Holtzman

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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]
FRED NORTON (Bar No. 224725)
[e-mail]
1999 Harrison St., Suite 900
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
MORRISON & FOERSTER LLP
MICHAEL A. JACOBS (Bar No. 111664)
[e-mail]
MARC DAVID PETERS (Bar No. 211725)
[e-mail]
DANIEL P. MUINO (Bar No. 209624)
[e-mail]
755 Page Mill Road
Palo Alto, CA 94304-1018
Telephone: [phone]
Facsimile: [phone]
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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STIPULATION REGARDING COPYRIGHT DAMAGES
CIV. NO. CV 10-03561-WHA

ATTESTATION

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I, Bruce W. Baber, am the ECF User whose ID and password are being used to file this

3 STIPULATION RE INDIRECT PATENT INFRINGEMENT. In compliance with General
4 Order 45, X.B., I hereby attest that Steven C. Holtzman has concurred in this filing.
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6 Date: May 16, 2012

/s/ Bruce W. Baber
BRUCE W. BABER

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STIPULATION REGARDING COPYRIGHT DAMAGES
CIV. NO. CV 10-03561-WHA