Oracle America, Inc. v. Google Inc.

Filing 504

EXHIBITS re #503 Declaration in Support, (Exhibits G through K) filed by Oracle America, Inc.. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K)(Related document(s) #503 ) (Muino, Daniel) (Filed on 10/7/2011) Modified on 10/11/2011 (wsn, COURT STAFF).

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DONALD F. ZIMMER, JR. (SBN 112279)
[e-mail]
CHERYL A. SABNIS (SBN 224323)
[e-mail]
KING & SPALDING LLP
101 Second Street – Suite 2300
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]

IAN C. BALLON (SBN 141819)
[e-mail]
HEATHER MEEKER (SBN 172148)
[e-mail]
GREENBERG TRAURIG, LLP
1900 University Avenue
East Palo Alto, CA 94303
Telephone: [phone]
Facsimile: [phone]

7 SCOTT T. WEINGAERTNER (Pro Hac Vice)
[e-mail]
8 ROBERT F. PERRY
[e-mail]
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BRUCE W. BABER (Pro Hac Vice)
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KING & SPALDING LLP
11 1185 Avenue of the Americas
New York, NY 10036-4003
12 Telephone: [phone]
13 Facsimile: [phone]
14 Attorneys for Defendant
GOOGLE INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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19 ORACLE AMERICA, INC.

Case No. 3:10-cv-03561-WHA

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Honorable Judge William Alsup

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Plaintiff,
v.

22 GOOGLE INC.
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DEFENDANT GOOGLE INC.’S
RESPONSES TO PLAINTIFF’S
INTERROGATORIES, SET ONE

Defendant.

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EXHIBIT H

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Josh Bloch

Google employee on Dalvik team in 2009.

Contributed to the development of the
Android core libraries.

Jesse Wilson

Google employee on Dalvik team
from 2009 to present.

Technical lead for the development of
the Android core libraries.

Elliott Hughes

Google employee on Dalvik team
from 2009 to present.

Contributed to the development of
Android core libraries and features
of the Dalvik VM.

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6 Barry Hayes

Former Google employee - Contributed to the development of the
on Dalvik team
Dalvik garbage collector.
from 2009 to 2010.

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8 Carl Shapiro

Google employee on Dalvik team
from 2009 to present.
Google employee on Dalvik team
from 2009 to present.

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10 Jeff Hao
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12 Brian Carlstrom
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Brad Fitzpatrick

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Contributed to the development of the
Dalvik garbage collector.
Contributed to the development of the
Dalvik JIT compiler, the dx tool
and features of the Dalvik VM.

Google employee on Dalvik team
from 2010 to present.

Contributed to the development of the
Android core libraries and Dalvik tool.

Google employee on Dalvik team
from 2010 to present.

Contributed to the improvement and
maintenance of overall system
performance of Android.

Google further states in response to this Interrogatory that certain third parties contributed

17 to the development of code for Android, but that the identities of such third parties and the
18 specific nature of their involvement is subject to contractual confidentiality provisions. Google
19 is undertaking to obtain the consent of the relevant parties to disclosing additional information,
20 and reserves the right to supplement this response promptly once such consent is obtained.
21 Further, Google’s investigation into identifying additional third parties (if any) is ongoing, and
22 Google therefore reserves the right to supplement this response accordingly.
23 INTERROGATORY NO. 2:
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Identify who at Google was and is responsible for Android’s compliance with the

25 intellectual property rights of third parties and briefly describe their roles in that regard.
26 RESPONSE:
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In addition to its General Objections, Google objects to this Interrogatory as vague and

28 ambiguous in the use of the phrases “compliance,” and “intellectual property rights of third
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DEFENDANT GOOGLE INC.’S RESPONSES TO PLAINTIFF’S INTERROGATORIES, SET ONE.
CIVIL ACTION NO. CV 10-03561-WHA

EXHIBIT H

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parties.” Google further objects to this Interrogatory to the extent it seeks information protected

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by the attorney-client privilege, the work product doctrine, and/or any other applicable privilege,

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immunity, or protection.

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Subject to the foregoing objections and the General Objections, without waiver or
limitation thereof, Google states:
Dan Bornstein is the Technical Lead for the Dalvik team and is responsible for the review

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of code for the Dalvik project. Hiroshi Lockheimer is an Engineering Director for Android and

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is responsible for the overall standards of code review for Android. From 2006 to 2009, Steve

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Horowitz was an Engineering Director for Android and was responsible for the overall standards

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of code review for Android. The Google Open Source Program Office is responsible for the

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overall standards of open source code review for Google, including compliance with third party

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licenses. Chris DiBona is the Open Source Program Manager.

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The Android Open Source Project team is responsible for reviewing all external

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contributions to Android, as well as for the final review of open source code prior to each public

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release of Android. The Android Open Source Project team consists of Dan Morrill and Jean

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Baptiste-Queru. Prior to 2008, Chis DiBona and Daniel Berlin were involved in the open source

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code review of Android.

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Jesse Wilson was responsible for collecting the Apache Authorized Contributor

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Questionnaires and Individual Contributor License Agreements for contributions to the Android

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core libraries.

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INTERROGATORY NO. 3:

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Please explain the factual and legal bases for Google’s pleading of its first affirmative

23 defense: No Patent Infringement.
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In addition to its General Objections, Google objects to this Interrogatory as it seeks

26 information protected by the attorney-client privilege, the work product doctrine, and/or any
27 other applicable privilege, immunity, or protection. Google further objects to this Interrogatory
28 as unduly burdensome as it is not reasonably calculated to lead to the discovery of admissible
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DEFENDANT GOOGLE INC.’S RESPONSES TO PLAINTIFF’S INTERROGATORIES, SET ONE.
CIVIL ACTION NO. CV 10-03561-WHA

EXHIBIT H

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DATED: January 6, 2011

KING & SPALDING LLP

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By: /s/ Scott T. Weingaertner

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SCOTT T. WEINGAERTNER (Pro Hac Vice)
[e-mail]
ROBERT F. PERRY
[e-mail]
BRUCE W. BABER (Pro Hac Vice)
[e-mail]
1185 Avenue of the Americas
New York, NY 10036-4003
Telephone: [phone]
Facsimile: [phone]
DONALD F. ZIMMER, JR. (SBN 112279)
[e-mail]
CHERYL A. SABNIS (SBN 224323)
[e-mail]
KING & SPALDING LLP
101 Second Street – Suite 2300
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
IAN C. BALLON (SBN 141819)
[e-mail]
HEATHER MEEKER (SBN 172148)
[e-mail]
GREENBERG TRAURIG, LLP
1900 University Avenue
East Palo Alto, CA 94303
Telephone: [phone]
Facsimile: [phone]

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ATTORNEYS FOR DEFENDANT
GOOGLE INC.

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DEFENDANT GOOGLE INC.’S RESPONSES TO PLAINTIFF’S INTERROGATORIES, SET ONE.
CIVIL ACTION NO. CV 10-03561-WHA

EXHIBIT H

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CERTIFICATE OF SERVICE

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I hereby certify that on this day, January 6, 2011, I served a true and correct copy of

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DEFENDANT GOOGLE INC.’S RESPONSES TO PLAINTIFF’S INTERROGATORIES, SET

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ONE via e-mail on the following individuals:

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David Boies
Boies Schiller and Flexner
333 Main Street
Armonk, NY 10504
914-749-8201
Fax: [phone]
Email: [e-mail]
Deborah Kay Miller
Oracle USA, Inc Legal Department
500 Oracle Parkway
Redwood Shores, CA 94065
[phone]
Email: [e-mail]
Dorian Estelle Daley
500 Oracle Parkway
Redwood City, CA 94065
[phone]
Fax: [phone]
Email: [e-mail]
Marc David Peters
Morrison & Foerster LLP
755 Page Mill Road
Palo Alto, CA 94304
[phone]
Fax: [phone]
Email: [e-mail]

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Matthew M Sarboraria
Oracle Corporation
500 Oracle Parkway, 5OP7
Redwood Shores, CA 94065
650/ 506-1372
Email: [e-mail]
Michael A Jacobs
Morrison & Foerster LLP
755 Page Mill Road
Palo Alto, CA 94304-1018
650-813-5600
Fax: [phone]
Email: [e-mail]
Richard Steven Ballinger
Morrison & Foerster LLP
755 Page Mill Road
Palo Alto, CA 94304
650-813-5600
Fax: [phone]
Email: [e-mail]
Steven Christopher Holtzman
Boies, Schiller & Flexner LLP
1999 Harrison Street
Suite 900
Oakland, CA 94612
510-874-1000
Fax: [phone]
Email: [e-mail]

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Executed on January 6, 2011.

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/s/ Steven T. Snyder
Steven T. Snyder

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CERTIFICATE OF SERVICE

CIVIL ACTION NO. CV 10-03561

EXHIBIT H