Oracle America, Inc. v. Google Inc.

Filing 147

COURT'S RESPONSE TO JOINT CASE MANAGEMENT MEMORANDUM [re #144 Response (Non Motion) filed by Oracle America, Inc.]. Signed by Judge William Alsup on 5/23/2011. (whasec, COURT STAFF) (Filed on 5/23/2011)

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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,

No. C 10-03561 WHA

v.
GOOGLE INC.,

COURT’S RESPONSE TO JOINT CASE
MANAGEMENT MEMORANDUM

Defendant.
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Given the number of civil cases that will be ready for jury trial during the period between

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the current lengthy criminal RICO-VICAR trial and those to follow (discussed with counsel), the

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undersigned judge feels obligated to give priority to those civil cases most suited and practical for

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jury comprehension and decision, all other things being equal. The larger the number of patents

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and patent claims at trial, the greater will be the burden on the jury’s ability to comprehend and to

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reach a just and correct verdict. The larger the number of patents and patent claims asserted,

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moreover, the more practical it will then seem to simply stay this case and see which claims

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survive PTO re-examination. Although the Court doubts that the number of claims Oracle would

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ask a jury to learn and to evaluate is “triable,” it is premature to reach a final conclusion and the

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Court will let Oracle make its final proposal for a three-week trial of all issues at the final pretrial

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conference (and will consider a stay pending re-examination at that time). In this regard,

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practicality and fairness to the jury also require weighing the number and variation of invalidity

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contentions for the claims selected. As counsel should be aware already, the trial days will be

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7:30 a.m. to 1:00 p.m. with two fifteen-minute recesses (and no lunch break) except that once the

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jury begins to deliberate, the jury can go as long as it wishes each day. Possibly summary

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judgment motions will be allowed on the patent issues but counsel should not count on it, much

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less count on eliminating triable issues of fact.

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Therefore, this order simply approves the agreed-on points and leaves for the final pretrial

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conference whether a workable trial plan can be devised, failing which the trial will either be put

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over until it is trial-ready and/or a trial stay pending re-examination will be entered.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: May 23, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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