Oracle America, Inc. v. Google Inc.

Filing 497

Declaration of DANIEL PURCELL in Support of 496 MOTION in Limine No. 5, 494 MOTION in Limine No. 3, 492 MOTION in Limine No. 1, 493 MOTION in Limine NO. 2, 495 MOTION in Limine No. 4 filed byGoogle Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40)(Related document(s) 496 , 494 , 492 , 493 , 495 ) (Kamber, Matthias) (Filed on 10/7/2011)

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1 2 3 4 5 6 KEKER & VAN NEST LLP ROBERT A. VAN NEST - #84065 rvannest@kvn.com CHRISTA M. ANDERSON - #184325 canderson@kvn.com DANIEL PURCELL - #191424 dpurcell@kvn.com 633 Battery Street San Francisco, CA 94111-1809 Telephone: 415.391.5400 Facsimile: 415.397.7188 KING & SPALDING LLP DONALD F. ZIMMER, JR. - #112279 fzimmer@kslaw.com CHERYL A. SABNIS - #224323 csabnis@kslaw.com 101 Second St., Suite 2300 San Francisco, CA 94105 Tel: 415.318.1200 Fax: 415.318.1300 KING & SPALDING LLP SCOTT T. WEINGAERTNER (Pro Hac Vice) sweingaertner@kslaw.com ROBERT F. PERRY rperry@kslaw.com BRUCE W. BABER (Pro Hac Vice) 1185 Avenue of the Americas New York, NY 10036 Tel: 212.556.2100 Fax: 212.556.2222 IAN C. BALLON - #141819 ballon@gtlaw.com HEATHER MEEKER - #172148 meekerh@gtlaw.com GREENBERG TRAURIG, LLP 1900 University Avenue East Palo Alto, CA 94303 Tel: 650.328.8500 Fax: 650.328-8508 7 8 9 10 11 12 13 Attorneys for Defendant GOOGLE INC. 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 19 Case No. 3:10-cv-03561-WHA ORACLE AMERICA, INC., Plaintiff, 20 21 v. 22 GOOGLE INC., 23 24 DECLARATION OF DANIEL PURCELL IN SUPPORT OF GOOGLE INC.’S MOTIONS IN LIMINE Judge: Hon. William Alsup Date Comp. Filed: October 27, 2010 Trial Date: Defendant. October 31, 2011 25 26 27 28 581259.02 DECLARATION OF DANIEL PURCELL IN SUPPORT OF GOOGLE INC.’S MOTIONS IN LIMINE CASE NO. 3:10-cv-03561-WHA 1 I, Daniel Purcell, declare as follows: 2 1. I am a partner in the law firm of Keker & Van Nest LLP, counsel to Google Inc. 3 (“Google”) in the present case. I submit this declaration in support of Google Inc.’s Motions in 4 Limine. I have knowledge of the facts set forth herein, and if called to testify as a witness thereto 5 could do so competently under oath. 6 2. Attached hereto as Exhibit 1 is a true and correct copy of the Declaration of Tim 7 Lindholm in Support of Google’s Motion in Limine #1 to Exclude Mr. Lindholm’s August 6, 8 2010 Email and Drafts Thereof. 9 10 3. Attached hereto as Exhibit 2 are true and correct copies of excerpts of the transcript of the deposition of John C. Mitchell, taken September 6, 2011. 4. 11 Attached hereto as Exhibit 3 are true and correct copies of excerpts of the 12 Opening Expert Report of John C. Mitchell Regarding Patent Infringement, dated August 8, 13 2011. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Attached hereto as Exhibit 4 are true and correct copies of excerpts of the transcript of the deposition of Robert Vandette, taken September 7, 2011. 6. Attached hereto as Exhibit 5 are true and correct copies of excerpts of the transcript of the deposition of Noel Poore, taken September 7, 2011. 7. Attached hereto as Exhibit 6 are true and correct copies of excerpts of the transcript of the deposition of Erez Landau, taken September 14, 2011. 8. Attached hereto as Exhibit 7 are true and correct copies of excerpts of the Summary and Report of Robert (“Bob”) G. Vandette, dated August 8, 2011. 9. Attached hereto as Exhibit 8 are true and correct copies of excerpts of the Summary and Report of Noel Poore, dated August 6, 2011. 10. Attached hereto as Exhibit 9 are true and correct copies of excerpts of the Summary and Report of Erez Landau, dated August 8, 2011. 11. Attached hereto as Exhibit 10 are true and correct copies of excerpts of the Summary of Investigation for Damages Expert by Seeon Birger, dated September 12, 2011. 12. Attached hereto as Exhibit 11 is a true and correct copy of an email from Mark 1 581259.02 DECLARATION OF DANIEL PURCELL IN SUPPORT OF GOOGLE INC.’S MOTIONS IN LIMINE CASE NO. 3:10-cv-03561-WHA 1 Francis, Esq. to Mark D. Peters, Esq., dated September 21, 2011. 13. 2 3 Exhibit 494 to the deposition of Erez Landau, taken September 14, 2011. 14. 4 5 15. 10 11 Attached hereto as Exhibit 14 is a true and correct copy of an excerpt from Exhibit 491 to the deposition of Erez Landau, taken September 14, 2011. 16. 8 9 Attached hereto as Exhibit 13 is a true and correct copy of an excerpt from Exhibit 462 to the deposition of Robert Vandette, taken September 7, 2011. 6 7 Attached hereto as Exhibit 12 is a true and correct copy of an excerpt from Attached hereto as Exhibit 15 are true and correct copies of excerpts of the Expert Report of Dr. Iain M. Cockburn, dated September 12, 2011 and revised September 15, 2011. 17. Attached hereto as Exhibit 16 is a true and correct copy of a document produced 12 by Oracle America, Inc. (“Oracle”) in this case bearing a production number 13 OAGOOGLE0000358175. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. Attached hereto as Exhibit 17 are true and correct copies of excerpts of the transcript of the deposition of Jonathan Scwhartz, taken July 20, 2011. 19. Attached hereto as Exhibit 18 is a true and correct copy of a document produced by Oracle in this case bearing the production number OAGOOGLE0100166874. 20. Attached hereto as Exhibit 19 is a true and correct copy of a document produced by Oralce in this case bearing the production number OAGOOGLE0100166873. 21. Attached hereto as Exhibit 20 is a true and correct copy of Exhibit 2 to the Expert Report of Iain Cockburn, dated September 12, 2011 and revised September 15, 2011. 22. Attached hereto as Exhibit 21 is a true and correct copy of Exhibit 4 to the Expert Report of Iain Cockburn, dated September 12, 2011 and revised September 15, 2011. 23. Attached hereto as Exhibit 22 is a true and correct copy of Exhibit 5 to the Expert Report of Iain Cockburn, dated September 12, 2011 and revised September 15, 2011. 24. Attached hereto as Exhibit 23 is a true and correct copy of Exhibit 6 to the Expert Report of Iain Cockburn, dated September 12, 2011 and revised September 15, 2011. 25. Attached hereto as Exhibit 24 is a true and correct copy of Exhibit 7 to the Expert 2 581259.02 DECLARATION OF DANIEL PURCELL IN SUPPORT OF GOOGLE INC.’S MOTIONS IN LIMINE CASE NO. 3:10-cv-03561-WHA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Report of Iain Cockburn, dated September 12, 2011 and revised September 15, 2011. 26. Attached hereto as Exhibit 25 is a true and correct copy of Exhibit 8 to the Expert Report of Iain Cockburn, dated September 12, 2011 and revised September 15, 2011. 27. Attached hereto as Exhibit 26 is a true and correct copy of Exhibit 9 to the Expert Report of Iain Cockburn, dated September 12, 2011 and revised September 15, 2011. 28. Attached hereto as Exhibit 27 is a true and correct copy of Exhibit 10 to the Expert Report of Iain Cockburn, dated September 12, 2011 and revised September 15, 2011. 29. Attached hereto as Exhibit 28 is a true and correct copy of Exhibit 11 to the Expert Report of Iain Cockburn, dated September 12, 2011 and revised September 15, 2011. 30. Attached hereto as Exhibit 29 is a true and correct copy of Exhibit 12 to the Expert Report of Iain Cockburn, dated September 12, 2011 and revised September 15, 2011. 31. Attached hereto as Exhibit 30 is a true and correct copy of Exhibit 13 to the Expert Report of Iain Cockburn, dated September 12, 2011 and revised September 15, 2011. 32. Attached hereto as Exhibit 31 is a true and correct copy of Exhibit 15 to the Expert Report of Iain Cockburn, dated September 12, 2011 and revised September 15, 2011. 33. Attached hereto as Exhibit 32 is a true and correct copy of Exhibit 23 to the Expert Report of Iain Cockburn, dated September 12, 2011 and revised September 15, 2011. 34. Attached hereto as Exhibit 33 are true and correct copies of excerpts of the 19 Expert Report of Dr. Benjamin F. Goldberg Regarding Validity of Patents-in-Suit, dated August 20 25, 2011. 21 22 23 24 25 26 27 28 35. Attached hereto as Exhibit 34 are true and correct copies of excerpts of the transcript of the deposition of Peter Kessler, taken August 4, 2011. 36. Attached hereto as Exhibit 35 are true and correct copies of excerpts of the transcript of a February 9, 2011 hearing before the Honorable William Alsup in this case. 37. Attached hereto as Exhibit 36 are true and correct copies of excerpts of the transcript of a April 6, 2011 hearing before the Honorable William Alsup in this case. 38. Attached hereto as Exhibit 37 is a true and correct copy of Oracle’s Second Supplemental Patent Local Rule 3-1 Disclosures of Asserted Claims and Infringement 3 581259.02 DECLARATION OF DANIEL PURCELL IN SUPPORT OF GOOGLE INC.’S MOTIONS IN LIMINE CASE NO. 3:10-cv-03561-WHA 1 2 3 4 5 6 7 Contentions, dated April 1, 2011. 39. Attached hereto as Exhibit 38 is a true and correct copy of excerpts of a Notice of Subpoena to Motorola Mobility, Inc., dated April 12, 2011. 40. Attached hereto as Exhibit 39 is a true and correct copy of excerpts of Plaintiff’s Notice of Third Party Subpoena to Motorola Mobility, Inc., dated July 13, 2011. 41. Attached hereto as Exhibit 40 is a true and correct copy of Exhibit B to the Reply Expert Report of John C. Mitchell Regarding Patent Infringement, dated September 1, 2011. 8 9 10 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at San Francisco, California on September 24, 2011. 11 12 By: /s Daniel Purcell DANIEL PURCELL 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 581259.02 DECLARATION OF DANIEL PURCELL IN SUPPORT OF GOOGLE INC.’S MOTIONS IN LIMINE CASE NO. 3:10-cv-03561-WHA

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