Oracle America, Inc. v. Google Inc.

Filing 1453

ORDER GRANTING PRCIS REQUEST FOR LEAVE TO FILE MOTION TO STRIKE AND REQUEST FOR RESPONSE RE SUPPLEMENTAL ANSWER re #1445 Letter filed by Google Inc., #1443 Letter filed by Google Inc. Motions due by 1/27/2016 at noon. Responses due by 2/1/2016 at noon. Motion Hearing set for 2/2/2016 11:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on 1/26/16. (whalc1, COURT STAFF) (Filed on 1/26/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ORACLE AMERICA, INC.,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

ORDER GRANTING PRÉCIS
REQUEST FOR LEAVE TO FILE
MOTION TO STRIKE AND
REQUEST FOR RESPONSE RE
SUPPLEMENTAL ANSWER

GOOGLE INC.,
Defendant.
/

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No. C 10-03561 WHA

Google has filed two précis requests. First, Google seeks to file a supplemental answer

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to include an additional license defense that applies “to the extent Oracle accuses versions of

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Android using OpenJDK-based code” (Dkt. No. 1443 at 2). Second, Google seeks to file a

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motion to strike portions of Oracle’s opening expert reports that relate to allegations that

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Google infringed new versions of Java to be heard on an expedited schedule in light of the

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February 8 deadline to serve rebuttal reports (Dkt. No. 1445). Google avers it stands ready to

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file both motions.

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As to Google’s first request, Oracle responds that it has not accused any version of

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Android containing the OpenJDK code (Dkt. No. 1451). By NOON ON JANUARY 27, Google

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shall inform the Court whether this moots its proposed defense.

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Google’s second request is GRANTED. Google shall file its motion by NOON ON

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JANUARY 27. Oracle shall respond by NOON ON FEBRUARY 1. A hearing on the motion is

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hereby SET for FEBRUARY 2 AT 11:00 A.M.

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For the avoidance of any confusion, the parties should continue to adhere to the précis
procedure set forth in the earlier phase of this case (Dkt. No. 86).

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IT IS SO ORDERED.

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Dated: January 26, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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