Oracle America, Inc. v. Google Inc.

Filing 1869

PROPOSED JURY INSTRUCTION. Signed by Judge Alsup on 5/11/16. (whalc1, COURT STAFF) (Filed on 5/11/2016)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ORACLE AMERICA, INC., 11 For the Northern District of California United States District Court 10 12 13 14 No. C 10-03561 WHA Plaintiff, v. GOOGLE INC., PROPOSED JURY INSTRUCTION Defendant. / 15 16 To head off potential confusion and speculation by the jury, the Court seeks the 17 guidance of counsel on the statement below (for the jury). Please meet and confer and discuss 18 on Friday morning. 19 * * * 20 You have already heard from a witness that we have already had one trial in this case. 21 That was in 2012. The jury found that Google infringed Sun/Oracle’s copyright by using the 22 declaring code and structure, sequence, and organization of the 37 APIs subject only to further 23 determination whether or not the use was a fair use, which determination was not made one way 24 or the other. The jury rejected Oracle’s claim that Google infringed its copyrights in the 25 specification documentation for the 37 APIs and also rejected Oracle’s claim that Google 26 infringed various patents held by Oracle. The trial judge held, however, that the declaring lines 27 of code and their structure, sequence, and organization were not copyrightable under the 28 Copyright Act. On appeal, the Court of Appeals for the Federal Circuit disagreed with regard to 1 copyrightability and held that the declaring lines of code and their structure, sequence, and 2 organization were copyrightable and sent the case back here for this trial on fair use and, 3 depending on that verdict, for damages and other relief. This is the trial we are now having. So 4 as this case comes to us now, it is a given as a matter of law that the declaring lines of code and 5 their structure, sequence, and organization of the 37 APIs are copyrightable and thus subject to 6 protection under the law subject only to the right of fair use if it applies. And it is a given that 7 Android used the declaring code and structure, sequence, and organization of the 37 APIs. 8 From time to time you will hear testimony from the prior trial and this will count as evidence, 9 just as evidence presented here counts as evidence. 11 For the Northern District of California United States District Court 10 IT IS SO ORDERED. 12 13 Dated: May 11, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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