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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EXHIBIT B GOOGLE’S PROPOSED FINAL JUDGMENT 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 ORACLE AMERICA, INC. Case No. CV 10-03561 WHA (DMR) 11 Plaintiff, [PROPOSED] FINAL JUDGMENT 12 v. 13 GOOGLE INC. 14 Dept.: Courtroom 9, 19th Floor Judge: Honorable William Alsup Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT CASE NO. CV 10-03561 WHA (DMR) sf- 3158625 673132.04 1 2 Pursuant to Fed. R. Civ. P. 54, it is ORDERED, ADJUDGED, AND DECREED that: 3 1. 4 dismissed with prejudice. 2. 5 6 3. 4. 5. 6. 7. On Oracle’s Claim for Infringement of U.S. Patent No. 6,061,520 (Count VII), judgment is entered for Google. 8. 17 18 Oracle’s Claim for Infringement of U.S. Patent No. 6,910,205 (Count VI) is dismissed with prejudice. 15 16 On Oracle’s Claim for Infringement of U.S. Patent No. RE38,104 (Count V), judgment is entered for Google. 13 14 Oracle’s Claim for Infringement of U.S. Patent No. 7,426,720 (Count IV) is dismissed with prejudice. 11 12 Oracle’s Claim for Infringement of U.S. Patent No. 5,966,702 (Count III) is dismissed with prejudice. 9 10 Oracle’s Claim for Infringement of U.S. Patent No. 6,192,476 (Count II) is dismissed with prejudice. 7 8 Oracle’s Claim for Infringement of U.S. Patent No. 6,125,447 (Count I) is Oracle’s Claim for Copyright Infringement (Count VIII) is dismissed with prejudice, except as follows: A. 19 On the portion of Oracle’s Claim for Copyright Infringement relating to the documentation for the accused 37 Java API packages, judgment is entered for Google. 20 B. 21 On the portion of Oracle’s Claim for Copyright Infringement relating to the 22 rangeCheck code in TimSort.java and ComparableTimSort.java, judgment is entered for 23 Oracle. C. 24 On the portion of Oracle’s Claim for Copyright Infringement relating to the 25 English-language comments in CodeSourceTest.java and 26 CollectionCertStoreParametersTest.java, judgment is entered for Google. 27 28 FINAL JUDGMENT CASE NO. CV 10-03561 WHA (DMR) sf- 3158625 673132.04 2 1 D. 2 On the portion of Oracle’s Claim for Copyright Infringement relating to the 3 eight decompiled files,1 judgment is entered for Oracle. 4 9. 5 ’104 Patent (Count One), judgment is entered for Google. 10. 6 7 10 On Google’s Counterclaim for Declaratory Judgment of Non-Infringement of the ’520 Patent (Count Five), judgment is entered for Google. 11. 8 9 On Google’s Counterclaim for Declaratory Judgment of Non-Infringement of the Google’s Counterclaims for Declaratory Judgment of Non-Infringement of the ’702 (Count Three), ’447 (Count Seven), ’476 (Count Nine), ’205 (Count Eleven), and ’720 (Count Thirteen) Patents are dismissed as moot. 12. 11 Google’s Counterclaims for Declaratory Judgment of Invalidity of the ’104 (Count 12 Two), ’702 (Count Four), ’520 (Count 6), ’447 (Count Eight), ’476 (Count Ten), ’205 (Count 12), 13 and ’720 (Count Fourteen) Patents are dismissed as moot. 13. 14 15 Google’s Counterclaim for Declaratory Judgment of Non-Infringement of the Asserted Copyrights (Count Fifteen) is dismissed as moot, except as follows: A. 16 On the portion of Google’s Counterclaim for Declaratory Judgment of 17 Non-Infringement of the Asserted Copyrights relating to the documentation for the 18 accused 37 Java API packages, and on the portion relating to the English-language 19 comments in CodeSourceTest.java and CollectionCertStoreParametersTest.java, judgment 20 is entered for Google. B. 21 On the portion of Google’s Counterclaim for Declaratory Judgment of 22 Non-Infringement of the Asserted Copyrights relating to the rangeCheck code in 23 TimSort.java and ComparableTimSort.java, and on the portion relating to the eight 24 decompiled files, judgment is entered for Oracle. 25 14. 26 27 28 In accordance with 17 U.S.C. § 504(c), Oracle is hereby awarded statutory damages in the amount of _________ as to the rangeCheck function, which the Court has found 1 Seven allegedly decompiled Java files appeared in eight Android files entitled: AclEntryImpl.java, AclImpl.java, GroupImpl.java, OwnerImpl.java, PermissionImpl.java, PrincipalImpl.java, PolicyNodeImpl.java, AclEnumerator.java. FINAL JUDGMENT CASE NO. CV 10-03561 WHA (DMR) sf- 3158625 673132.04 3 1 2 to be innocent (Dkt. No. 1202 at 13-14), and in the amount of _________ as to the eight 3 decompiled files, which were treated at trial as a single unit. (Dkt. No. 1202 at 14). 15. 4 5 Google, as the prevailing party, is awarded costs under Fed. R. Civ. P. 54(d)(1) and 17 U.S.C. § 505. 6 7 8 DATED this ___ day of June, 2012. 9 BY THE COURT: By: 10 11 Hon. William Alsup United States District Court Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINAL JUDGMENT CASE NO. CV 10-03561 WHA (DMR) sf- 3158625 673132.04 4

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