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 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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