Oracle America, Inc. v. Google Inc.

Filing 195

ORDER REGARDING RULE 706 EXPERTS. Signed by Judge Alsup on July 5, 2011. (whalc1, COURT STAFF) (Filed on 7/5/2011)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 ORACLE AMERICA, INC., 8 9 Plaintiff, v. ORDER REGARDING RULE 706 EXPERTS GOOGLE INC., 11 For the Northern District of California United States District Court 10 Defendant. / 12 13 No. C 10-03561 WHA In order to be in a position to appoint a damages expert under FRE 706, counsel shall 14 agree on two qualified candidates in this district and jointly call them to make sure they would be 15 available and have no conflicts. After vetting the two candidates, counsel shall submit the two 16 names and resumes to the Court by JULY 26, 2011. The Court will then tentatively pick one of 17 the two. 18 Due to the large damages at issue, the Court tentatively plans to use the selected expert to 19 testify before the jury at trial under FRE 706 and not as a confidential advisor to the judge. 20 Similarly, both sides shall recommend two qualified economists or other experts to testify under 21 FRE 706 concerning whether or not the claims tried to the jury, if infringed, constitute the basis 22 for demand for Android. Each side may, by said date, also submit declarations showing cause 23 why such appointments would (or would not) be advisable, and describing the assignments 24 counsel would prefer be given to the experts, but the names must be given anyway. 25 26 IT IS SO ORDERED. 27 28 Dated: July 5, 2011. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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