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 27

Oracle America v. Google - Expert Report of Iain Cockburn – September 12, 2011 - Subject to Protective Order
(Contains Confidential and Highly Confidential/Attorneys' Eyes Only Material)
Exhibit 10
Apportionment Assessment of Patent '520
Play execution
Patent Functionality
• "The ’520 patent invention uses simulation, or so-called “play execution,” to recognize
sequences of bytecode instructions that perform static array initialization [...] The bytecode to
initialize a big array is lengthy and inefficient. This is a property of the class file format that is
specified in the Java Virtual Machine Specification. Because Google chose to have Android
use existing Java compilers that compile to class files, rather than writing its own compiler to
[1]
compile to its .dex file format, Google was stuck with this property of class files. When
Android packages the information in the many class files making up an application into a single
.dex file, it replaces the lengthy array initialization code in the class file with a reduced set of
instructions and the exact data to be placed in the array."

Contemporaneous Evidence
• In one video presentation Google’s Dan Bornstein explains Google’s use of this patented
feature: “sometimes you really need to have just a big array of data and if you’ve ever looked at
what something like this looks like … in a .class file, it’s not pretty.” He goes on to
[2]
demonstrate that “[t]his is the same code, turned, which has been translated into a .dex file. …
this is both a speed and a, a space efficiency win. Measured on our system libraries it saves us
something like a 100K.”

Opinion
• Up to 1% apportionment
• Estimated patent damages after U.S. adjustment: up to $6.7 million

Sources:
[1] Mitchell Patent Report, p. 35.
[2] Google I/O 2008 Presentation entitled “Dalvik Virtual Machine Internals” at Slides 9, presented by
Dan Bornstein, available at http://sites.google.com/site/io/dalvik-vm-internals/2008-05-29Presentation-Of-Dalvik-VMInternals. pdf?attredirects=0 (“Dalvik Presentation”).)