Oracle America, Inc. v. Google Inc.

Filing 1711

PROPOSED INSTRUCTIONS RE FACTOIDS FROM COURT OF APPEALS OPINION Responses due by 4/26/2016 at Noon.. Signed by Judge Alsup on 4/21/16. (whalc1, COURT STAFF) (Filed on 4/21/2016)

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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.
GOOGLE INC.,

PROPOSED INSTRUCTIONS
RE FACTOIDS FROM COURT
OF APPEALS OPINION

Defendant.
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No. C 10-03561 WHA

Google raises the point that if we hold it to the Federal Circuit’s findings on commercial

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use, statements that help Google should also be included in the instructions to the jury. The

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Court asked the parties to meet and confer on this issue, but counsel have failed the Court.

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The Court proposes to advise the jury that “Google admittedly copied portions of the

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API packages and did so for what were commercial purposes,” deleting the word “purely” as

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argumentative. Oracle America, Inc. v. Google Inc., 750 F.3d 1339, 1376 (Fed. Cir. 2014).

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For even-handedness, the Court also proposes to instruct the jury that “Oracle concedes

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that Google and others could employ the Java language — much like anyone could employ the

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English language to write a paragraph without violating the copyrights of other English

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language writers. And, that Google may employ the ‘package-class-method’ structure much

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like authors can employ the same rules of grammar chosen by other authors without fear of

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infringement.” Id. at 1368.

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The foregoing would provide each side with one cogent, relevant statement from the
court of appeals opinion.

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The Court further asks counsel to agree that the following statements from the opinion
may be provided to the jury as established facts in the case:
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“Although Android uses the Java programming language, it is
undisputed that Android is not generally Java compatible.” Id. at
1351.

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“Oracle licensed Java ME for use on feature phones and
smartphones. Sun/Oracle has never successfully developed its own
smartphone platform using Java.” Id. at 1350.

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The general principle is that if any statement made by the court of appeals is to be

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deemed established in our trial, then we must be even-handed and give both sides the benefit of

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favorable points in the same opinion. Of course, counsel may agree on any set of points within

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For the Northern District of California

United States District Court

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the opinion as they wish.
By TUESDAY, APRIL 26 AT NOON, counsel will please stipulate to the above or explain

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why the above proposals should not be adopted. Absent agreement (to achieve even-

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handedness), none of the statements will be deemed admitted without prejudice to the

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possibility that briefs and/or oral argument will be admitted without prejudice to proof.

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IT IS SO ORDERED.

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Dated: April 21, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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