Oracle America, Inc. v. Google Inc.

Filing 1209

CASE MANAGEMENT STATEMENT Joint Case Management Conference Statement filed by Oracle America, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Jacobs, Michael) (Filed on 6/18/2012)

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[counsel listed on signature page]

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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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GOOGLE INC.

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Defendant.

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
CASE NO. CV 10-03561 WHA (DMR)
sf-3158226
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Case No. CV 10-03561 WHA (DMR)
JOINT CASE MANAGEMENT
CONFERENCE STATEMENT
Date: June 20, 2012
Time: 11:00 a.m.
Dept.: Courtroom 9, 19th Floor
Judge: Honorable William Alsup

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Pursuant to the Court’s May 31, 2012 Order (ECF 1204), Oracle America, Inc. and

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Google Inc. jointly submit this statement of issues to be covered at the case management

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conference on June 20, 2012.

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1.

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The Court has asked “whether the amount of statutory damages for copyright

Statutory Damages for Copyright Infringement

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infringement should be decided now or at a later date.” (ECF 1204.) The parties are meeting and

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conferring regarding statutory damages and hope to present a stipulation resolving the issue at the

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conference.

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2.

Issuance of Final Judgment

As all outstanding claims and counterclaims have now been resolved by the jury’s verdicts

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and the Court’s subsequent orders, the parties request that the Court enter final judgment in this

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matter. Attached hereto are two alternative forms of a proposed Final Judgment (with a

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placeholder for a statutory damages amount), reserving all rights to appeal any part of the

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judgment and subject to all prior agreements among the parties.

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3.

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In a January 20, 2012 order, the Court directed Oracle to reimburse Google for “[a]ll

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attorney’s fees, expert fees, and other expenses reasonably incurred by Google as a result of

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allowing a third damages study by Oracle.” Jan. 20, 2012 Order [Dkt. 702] at 3, para. 8. After

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Dr. Cockburn served his third report, Google filed a further Daubert motion, which the Court

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heard on March 7, 2012. Following that hearing, the Court entered a March 13, 2012 order, [Dkt.

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785], granting Google’s motion in part and directing the parties to submit further briefs regarding

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“how Dr. Cockburn’s report could calculate a reasonable royalty for each individual patent in

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light of the items stricken by this order.” Id. at 19. The parties then drafted and submitted those

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further briefs on March 19, 2012. The sole issue in dispute between the parties is whether the

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fees and costs Google incurred in preparing and drafting its March 19, 2012 brief are recoverable

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under the January 20, 2012 order as fees and costs “reasonably incurred by Google as a result of

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allowing a third damages study by Oracle.”

Fees related to Dr. Iain Cockburn’s third damages report

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
CASE NO. CV 10-03561 WHA (DMR)
sf-3158226
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4.

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The parties agree that, to the best of their knowledge, Dr. Kearl has been paid in full for

Fees related to Dr. Kearl’s damages report

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his work to date on this matter aside from his most recent June 8, 2012 bill which is currently

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being processed for payment.

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5.

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Google states that, as the prevailing party, it intends to seek its costs in this matter. Oracle

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Taxable costs

will be prepared to address this issue at the conference.

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
CASE NO. CV 10-03561 WHA (DMR)
sf-3158226
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Dated: June 18, 2012

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MORRISON & FOERSTER LLP
By: /s/ Michael A. Jacobs

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MORRISON & FOERSTER LLP
MICHAEL A. JACOBS (Bar No. 111664)
[e-mail]
KENNETH A. KUWAYTI (Bar No. 145384)
[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]

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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]

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Attorneys for Plaintiff
ORACLE AMERICA, INC.

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
CASE NO. CV 10-03561 WHA (DMR)
sf-3158226
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Dated: June 18, 2012

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KEKER & VAN NEST, LLP
By: __/s/ Robert A. Van Nest

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ROBERT A. VAN NEST (SBN 84065)
[e-mail]
CHRISTA M. ANDERSON (SBN184325)
[e-mail]
DANIEL PURCELL (SBN 191424)
[e-mail]
710 Sansome Street
San Francisco, CA 94111-1704
Telephone: [phone]
Facsimile: [phone]

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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]

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DONALD F. ZIMMER, JR. (SBN 112279)
[e-mail]
CHERYL A. SABNIS (SBN 224323)
[e-mail]
KING & SPALDING LLP
101 Second Street - Suite 2300
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]

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GREENBERG TRAURIG, LLP
IAN C. BALLON (SBN 141819)
[e-mail]
HEATHER MEEKER (SBN 172148)
[e-mail]
1900 University Avenue
East Palo Alto, CA 94303
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
GOOGLE INC.

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
CASE NO. CV 10-03561 WHA (DMR)
sf-3158226
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ATTESTATION
I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this
JOINT CASE MANAGEMENT CONFERENCE STATEMENT. In compliance with General
Order 45, X.B., I hereby attest that Robert A. Van Nest has concurred in this filing.

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Date: June 18, 2012

/s/ Michael A. Jacobs

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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
CASE NO. CV 10-03561 WHA (DMR)
sf-3158226

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