Oracle America, Inc. v. Google Inc.

Filing 505

EXHIBITS re 503 Declaration in Support, (Exhibits L through R) filed by Oracle America, Inc. (Attachments: # 1 Exhibit M, # 2 Exhibit N, # 3 Exhibit O, # 4 Exhibit P, # 5 Exhibit Q, # 6 Exhibit R)(Related document(s) 503 ) (Muino, Daniel) (Filed on 10/7/2011) Modified on 10/11/2011 (wsn, COURT STAFF).

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Highly Confidential Attorneys' Eyes Only 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 3 4 - - - - - - - - - - - - - - - - 5 ORACLE AMERICA, INC., 6 ) Plaintiff, ) 7 vs. ) 8 GOOGLE, INC., ) Defendant. 9 ) - - - - - - - - - - - - - - - - 10 11 12 13 -- HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY -- 14 15 Videotape Deposition of DAVID I. AUGUST, Ph.D., taken 16 by Plaintiff, pursuant to Notice, held at 1185 Avenue of the 17 Americas New York, New York, commencing at 9:06 A.M., on 18 Friday September 16, 2011, before Jeffrey Benz, a Certified 19 Realtime Reporter, Registered Merit Reporter and Notary 20 Public within and for the State of New York. 21 22 23 24 25 Pages 1 - 212 Page 1 Veritext National Deposition & Litigation Services 866 299-5127 EXHIBIT M Highly Confidential Attorneys' Eyes Only 1 August 2 Q. Same sentence, paragraph 108. 02:18:32 3 A. Okay. 02:18:35 4 Q. What -- 02:18:39 5 A. Yes, I see that. 02:18:40 6 Q. What do you mean by third-party devices? 02:18:41 7 A. So that would be a device that's made by 02:18:43 8 a manufacturer other than these devices that are 02:18:47 9 mentioned that are branded Google. 02:18:55 10 11 12 Q. Okay. Have you examined any third-party 02:19:05 Android devices? A. 02:19:19 I've seen them. I've touched them. I 02:19:23 13 haven't examined them to the -- in connection with 02:19:29 14 this case. 15 Q. 02:19:32 Okay. Do you know anything about what 02:19:33 16 portions of the Android operating system is on 02:19:39 17 third-party devices? 02:19:43 18 A. It's -- specific -- well, because the -- 02:19:48 19 the manufacturers can modify the source code, it's 02:19:55 20 unclear what -- without actually examining the 02:20:01 21 device, what is actually on the device. 02:20:05 22 23 24 25 Q. So you don't know what's on any 02:20:09 third-party devices, right? A. 02:20:14 Because I haven't done that analysis, I don't know what's on the third-party devices. 02:20:17 02:20:18 Page 128 Veritext National Deposition & Litigation Services 866 299-5127 EXHIBIT M Highly Confidential Attorneys' Eyes Only 1 2 3 August Q. That's because you haven't looked at the 02:20:20 code on third-party devices? 02:20:22 4 A. That's correct. 5 Q. Do you have any other reason to conclude 02:20:27 6 what may or may not be on the third-party devices? 02:20:35 7 8 9 02:20:25 MR. KAMBER: A. Objection. Form. Not concluding what is or isn't. 02:20:39 I'm 02:20:41 simply stating that the -- I haven't seen Oracle 02:20:44 10 establish what portions are on the third-party 02:20:48 11 devices. 02:20:50 12 Q. And you haven't looked at any 02:20:52 13 third-party devices yourself to make a 02:20:56 14 determination of what's on them? 02:20:58 15 MR. KAMBER: Objection. Form. 02:21:00 16 A. I wasn't asked to do that. 02:21:02 17 Q. So you didn't do it? 02:21:03 18 A. So I have not done that. 02:21:06 19 Q. You say, Device manufacturers often 02:21:09 20 modify the source code. 21 What device manufacturers are you 02:21:18 02:21:21 22 referring to? 02:21:24 23 A. 02:21:28 24 25 Well, in this case it would be the third-party device manufacturers. Q. Okay. 02:21:30 And what is your basis for saying 02:21:31 Page 129 Veritext National Deposition & Litigation Services 866 299-5127 EXHIBIT M Highly Confidential Attorneys' Eyes Only 1 August 2 the third-party device manufacturers often modify 02:21:35 3 the source code? 02:21:39 4 A. That -- that would be Exhibit X. 02:21:39 5 Q. Anything else besides Exhibit X? 02:21:46 6 A. At least Exhibit X. 02:21:48 7 additional. 02:22:04 8 Q. And did you -- 02:22:07 9 A. But you -- I'm sorry, go ahead. 02:22:09 10 Q. Did you conduct any research to 02:22:11 I'm not recalling 11 determine how third-party device manufacturers 02:22:15 12 modify source code? 02:22:19 13 A. No, I did not. 02:22:20 14 Q. Did you make any investigation into how 02:22:23 15 third-party device manufacturers modify the source 02:22:29 16 code? 17 02:22:33 A. No, I didn't need to examine the devices 02:22:34 18 to understand what Oracle had or had not 02:22:37 19 established in this respect. 02:22:40 20 Q. Well, you're not in this sentence saying 02:22:46 21 what Oracle had or had not established. 22 making an affirmative statement that third-party 23 device manufacturers often modify the source code. 02:22:55 24 And -- do you see that? 25 A. You're Yes. 02:22:48 02:22:52 02:22:59 02:23:02 Page 130 Veritext National Deposition & Litigation Services 866 299-5127 EXHIBIT M Highly Confidential Attorneys' Eyes Only 1 2 3 4 5 6 7 8 9 10 August Q. And are you standing by that affirmative 02:23:02 statement? A. 02:23:04 I am, based on the -- the deposition of Patrick Brady. Q. 02:23:09 And that's that limited excerpt of the deposition of Patrick Brady? A. 02:23:13 02:23:27 That's the part of the deposition 02:23:29 transcript that I examined. Q. 02:23:06 02:23:33 And are you relying on anything else for 02:23:53 11 the statement in that sentence, this is an 12 important issue because device manufacturers often 02:24:04 13 modify the source code? 14 15 MR. KAMBER: A. 02:24:01 02:24:06 Objection. Form. 02:24:09 Well, I think that the -- the deposition 02:24:11 16 transcript, in my mind, is sufficient. I may have 02:24:16 17 seen things in the course of this work that 02:24:24 18 confirm what's described, or at least suggest 02:24:27 19 similar conclusions that are in that -- that 02:24:31 20 deposition transcript. 02:24:34 21 Q. Well, what other things? 02:24:36 22 A. Nothing comes to mind at the moment, but 02:24:40 23 I've looked at a number of things, and it's 02:24:46 24 possible that I've come across additional 02:24:48 25 suggestions that device manufacturers modify the 02:24:53 Page 131 Veritext National Deposition & Litigation Services 866 299-5127 EXHIBIT M EXHIBIT M

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