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