Oracle America, Inc. v. Google Inc.

Filing 1839

ORDER RE 62 CLASSES AND INTERFACES. Signed by Judge Alsup on 5/6/16. (whalc1, COURT STAFF) (Filed on 5/6/2016)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 11 For the Northern District of California United States District Court 10 12 Plaintiff, v. GOOGLE INC., ORDER RE 62 CLASSES AND INTERFACES Defendant. / 13 14 No. C 10-03561 WHA ORACLE AMERICA, INC., The Court has reviewed the parties’ responses to the order to show cause regarding 15 specific class, interface, and method declarations from 62 classes and interfaces and the 16 structure, sequence, and organization thereof that all agree were technically necessary to copy 17 (Dkt. No. 1765). It is hereby established that copying the declaring code identified by Oracle 18 (TX 5332, Dkt. No. 1794-2) was technically necessary for Google to use the Java language and 19 thus constituted fair use. This is without prejudice to either side’s arguments as to fair use of 20 the other elements of the 37 API packages at issue herein, including Google’s contention that 21 the declaring code and SSO of additional classes and interfaces in the three core packages 22 identified by the Federal Circuit were also technically necessary to copy. Further, this order 23 does not preclude the parties from offering evidence relating to the declaring code and SSO 24 addressed herein, provided such evidence is consistent with this ruling. 25 The parties’ experts may update their reports to ensure any proffered testimony complies 26 with this ruling, but only for that purpose. Any updated report shall be served by THURSDAY, 27 MAY 11 AT NOON. 28 IT IS SO ORDERED. Dated: May 6, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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