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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EXHIBIT 36 Pages 1 - 60 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BEFORE THE HONORABLE WILLIAM H. ALSUP ORACLE AMERICA, INC., ) ) Plaintiff, ) ) vs. ) ) GOOGLE INC., ) ) Defendant. ) ) ___________________________________) NO. C 10-03561 WHA San Francisco, California Wednesday April 6, 2011 1:41 p.m. TRANSCRIPT OF PROCEEDINGS APPEARANCES: For Plaintiff: BY: For Plaintiff: BY: Morrison & Foerster 755 Page Mill Road Palo Alto, CA 94304-1018 (650) 813-5600 (650) 494-0792 (fax) Michael A. Jacobs Marc David Peters Ruchika Agrawal Roman Swoopes Oracle 500 Oracle Parkway M/S 50P7 Redwood Shores, CA 94065 (650) 506-9432 (650) 506-7114 (fax) Andrew C. Temkin (Appearances continued on next page) Reported By: Lydia Zinn, CSR #9223, RPR Official Reporter - U.S. District Court 10 1 time. 2 MR. BABER: Well, we thought so as well. 3 THE COURT: It fell apart. 4 MR. BABER: I'm not sure it fell apart. We may be 5 moving to a different level of granularity at this point. 6 so we will try to be sure we are each providing apples and 7 apples. 8 contention, or, where appropriate, the application of fact to 9 law. And that's true whether it's a question of fact, a MR. PETERS: 10 And Consistent with your Honor's earlier 11 indication about getting as much information as possible 12 through interrogatory responses, that is our agreement. 13 THE COURT: Great. 14 MR. BABER: Next issue, your Honor, has to do, 15 instead of interrogatories, with the plaintiff's infringement 16 contentions under the patent local rules. 17 Oracle has declined Google's offer to allow Oracle to 18 supplement its infringement contentions again. 19 chosen to rely on its infringement contentions as currently 20 framed. 21 Oracle has Google's position that they are inadequate, in 22 particular on the issue of proof of direct infringement; but 23 the parties have agreed to disagree. 24 25 Google has withdrawn its offer to consent to an amendment of the infringement contentions. Lydia Zinn, CSR, RPR Official Reporter - U.S. District Court (415) 531-6587 11 1 And both parties have agreed to simply reserve their 2 rights for later; to tee it up, if necessary, with your Honor. MR. PETERS: 3 4 THE COURT: said, you know. Well, all right, but you remember what I Shifting sands, and all that of that. 7 MR. PETERS: 8 THE COURT: 9 We have agreed to disagree. 5 6 That's right, your Honor. I know, your Honor. If you want to stand on your shifting sands, and they get shifted out from under you, then you just 10 lose. End of story. So I'm not saying you will, but we've got 11 those disclosure rules for a reason. 12 disclosures aren't good enough, there won't be a second chance. 13 You just lose. And if your -- if your All right. 14 MR. BABER: And I believe the last one -- 15 THE COURT: What's next? 16 MR. BABER: -- your Honor, was actually not an 17 agreement, but simply to report to the Court we discussed a lot 18 of other issues in the conference: 19 processes, electronic discovery. 20 address them all, or even resolve many of them, but we think, 21 given the processes we've now put in place for conferences and 22 communications, we're hopeful we will be able to address those. 23 Document productions, We didn't have a chance to We have some disconnects in terms of your Honor's 24 order on 30(b)(6) topics, for example; but we think that with a 25 little further work, we may be able to get those resolved so Lydia Zinn, CSR, RPR Official Reporter - U.S. District Court (415) 531-6587 12 1 that we can keep continuing forward. 2 We've started taking depositions and -- 3 THE COURT: 4 better get cracking. 5 MR. BABER: We're moving, your Honor. 6 THE COURT: Well, moving is not -- I mean, okay. 7 Discovery cutoff is in July, so you'd You've got to get moving, but there's a deadline. 8 MR. BABER: We understand. 9 THE COURT: All right. 10 MR. PETERS: 11 THE COURT: Okay. Is that it? Yes, your Honor. You all should be working for the 12 State Department, you did such a good job. 13 just find ways to agree; not really an agreement; but you're 14 finding ways to agree. 15 Mideast, I think, to help solve some problems. 16 you. 17 MR. PETERS: 18 THE COURT: You found a way to So I need you over, you know, in the Okay. Thank Thank you, your Honor. Now we're going to go to -- well, the 19 main event, which is -- and I do need that -- I've got to be 20 chairing a meeting at 3:00 p.m., so I only have 55 minutes. 21 And I'm sorry for that, but each side gets 30 minutes. 22 use the 30 minutes as you wish. 23 So you Now, I don't want -- if you want to go over into 24 arguments about the claim construction and all -- a little bit 25 of that's okay, but right now I'm basically interested in Lydia Zinn, CSR, RPR Official Reporter - U.S. District Court (415) 531-6587 CERTIFICATE OF REPORTER I, LYDIA ZINN, Official Reporter for the United States Court, Northern District of California, hereby certify that the foregoing proceedings in C. 10-3561 WHA, Oracle America, Inc., v. Google, Inc., were reported by me, a certified shorthand reporter, and were thereafter transcribed under my direction into typewriting; that the foregoing is a full, complete and true record of said proceedings as bound by me at the time of filing. The validity of the reporter's certification of said transcript may be void upon disassembly and/or removal from the court file. ________________________________________ /s/ Lydia Zinn, CSR 9223, RPR Friday, April 8, 2011 Lydia Zinn, CSR, RPR Official Reporter - U.S. District Court (415) 531-6587

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