Oracle America, Inc. v. Google Inc.

Filing 1518

REQUEST FOR BRIEFING ON JURY INSTRUCTION, APPEAL AND JURY QUESTIONNAIRE. Signed by Judge Alsup on 2/26/16. (whalc1, COURT STAFF) (Filed on 2/26/2016)

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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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No. C 10-03561 WHA

Plaintiff,

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For the Northern District of California

United States District Court

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v.
GOOGLE INC.,
Defendant.
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REQUEST FOR BRIEFING
ON JURY INSTRUCTION,
APPEAL AND JURY
QUESTIONNAIRE

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The Court intends to instruct the jury on fair use by adapting the fair-use opinion

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rendered in this very case by the Federal Circuit, not quite word for word, but very close to it.

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By MARCH 7 AT NOON, each side will please submit a memorandum up to SEVEN PAGES

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(no attachments, no footnotes) identifying anything that should be added or subtracted from that

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fair-use opinion in formulating that part of the jury instructions. The memorandum should also

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address whether any appeal in this retrial will go to the Ninth Circuit versus the Federal Circuit

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and cite to jurisdictional authorities on point.

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Also, by FEBRUARY 29 AT NOON, counsel will please advise the Court concerning their

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proposed plan for disseminating and collecting the jury questionnaire, what instructions the

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judge would give prior to having potential jurors complete the questionnaire, and what delays

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would be involved in this plan. Additionally, will both sides agree that answers to the

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questionnaire will not later be used to impeach the verdict?

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Dated: February 26, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE