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)

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