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)
EXHIBIT 11
Francis, Mark
From:
Sent:
To:
Cc:
Subject:
Francis, Mark
Wednesday, September 21, 2011 5:28 PM
Marc D. Peters
Oracle MoFo Service List; Oracle-Google; Google-Oracle-OutsideCounsel; DALVIK-KVN
RE: Oracle v. Google - Damages Report
Marc,
During today's meet-and-confer call, I explained again that Google is entitled to take Mr.
Birger's deposition in connection with his September 12, 2011 report, which was submitted
after the close of fact discovery. You informed me that, although Oracle's experts are
relying on Mr. Birger's report, Oracle maintains that he is not a "testifying expert" and
therefore refuses to make him available for a deposition.
__________________________
Mark H. Francis
King & Spalding LLP
1185 Avenue of the Americas
New York, NY 10036
(212) 556-2117
(212) 556-2222 (fax)
mfrancis@kslaw.com
-----Original Message----From: Francis, Mark
Sent: Wednesday, September 21, 2011 11:39 AM
To: Marc D. Peters
Cc: Oracle MoFo Service List; Oracle-Google; Google-Oracle-OutsideCounsel; DALVIK-KVN
Subject: RE: Oracle v. Google - Damages Report
Marc,
Mr. Birger submitted a report on September 12th and Google is entitled to depose him
regarding that report. Please use the following dial-in for today's call: 877-699-4799,
212-556-2117#
Regards,
Mark
-----Original Message----From: Peters, Marc D. [mailto:MDPeters@mofo.com]
Sent: Tuesday, September 20, 2011 7:19 PM
To: Francis, Mark
Cc: Oracle MoFo Service List; Oracle-Google; Google-Oracle-OutsideCounsel; DALVIK-KVN
Subject: RE: Oracle v. Google - Damages Report
Mark,
I don't understand your email. Mr. Birger is not a testifying expert -- again, what is
the justification for deposing him?
I'm available at 2pm Pacific tomorrow to discuss, but I'd appreciate an answer to my
question beforehand.
My colleagues at BSF will be producing the builds as you requested.
1
Best regards,
Marc
-----Original Message----From: Francis, Mark [mailto:MFrancis@KSLAW.com]
Sent: Tuesday, September 20, 2011 1:19 PM
To: Peters, Marc D.
Cc: Oracle MoFo Service List; Oracle-Google; Google-Oracle-OutsideCounsel; DALVIK-KVN
Subject: RE: Oracle v. Google - Damages Report
Marc,
Oracle submitted Mr. Birger's report last week on September 12th, are you agreeing that it
was untimely served? If Oracle agrees to strike the report, there will be no need for a
deposition. Otherwise, Oracle should present Mr. Birger for deposition without delay. We
again request a copy of all the code and other materials referenced in Mr.
Birger's report.
Please provide a time today or tomorrow to meet-and-confer on this issue.
Regards,
Mark
-----Original Message----From: Peters, Marc D. [mailto:MDPeters@mofo.com]
Sent: Tuesday, September 20, 2011 10:51 AM
To: Francis, Mark
Cc: Oracle MoFo Service List; Oracle-Google; Google-Oracle-OutsideCounsel; DALVIK-KVN
Subject: RE: Oracle v. Google - Damages Report
Mark,
We are considering your request.
deposing Mr. Birger?
Discovery has closed.
What is the justification for
Best regards,
Marc
-----Original Message----From: Francis, Mark [mailto:MFrancis@KSLAW.com]
Sent: Monday, September 19, 2011 7:34 PM
To: Peters, Marc D.
Cc: Oracle MoFo Service List; Oracle-Google; Google-Oracle-OutsideCounsel; DALVIK-KVN
Subject: RE: Oracle v. Google - Damages Report
Marc,
Can you please respond regarding this issue?
Thanks,
Mark
-----Original Message----2
From: Francis, Mark
Sent: Sunday, September 18, 2011 8:45 PM
To: Marc D. Peters
Cc: Oracle MoFo Service List; Oracle-Google; Google-Oracle-OutsideCounsel; DALVIK-KVN
Subject: RE: Oracle v. Google - Damages Report
Marc,
We have not heard back from you regarding this request. Please let us know as soon as
possible which day Mr. Berger will be made available for deposition.
In addition, please provide us with copies of the "Rebuild" and "Image"
software builds referred to in Mr. Berger's report, as well as copies of all the modified
source code files.
Thank you,
Mark
________________________________________
From: Francis, Mark
Sent: Friday, September 16, 2011 11:08 AM
To: Marc D. Peters
Cc: Oracle MoFo Service List; Oracle-Google; Google-Oracle-OutsideCounsel; DALVIK-KVN
Subject: Oracle v. Google - Damages Report
Marc,
In connection with the damages report of Dr. Cockburn that was submitted by Oracle this
week, we received a "Summary of Investigation for Damages Expert" by Seeon Berger. Can
you provide a date next week when Mr.
Berger can be made available for deposition in NY?
Thanks,
Mark
__________________________
Mark H. Francis
King & Spalding LLP
1185 Avenue of the Americas
New York, NY 10036
(212) 556-2117
(212) 556-2222 (fax)
mfrancis@kslaw.com
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