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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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ORACLE AMERICA, INC.,

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Plaintiff,

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vs.

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GOOGLE, INC.,

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Defendant.

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)

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-- HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY --

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Videotape Deposition of DAVID I. AUGUST, Ph.D., taken

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by Plaintiff, pursuant to Notice, held at 1185 Avenue of the

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Americas New York, New York, commencing at 9:06 A.M., on

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Friday September 16, 2011, before Jeffrey Benz, a Certified

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Realtime Reporter, Registered Merit Reporter and Notary

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Public within and for the State of New York.

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EXHIBIT M

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August

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Q.

Same sentence, paragraph 108.

02:18:32

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A.

Okay.

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Q.

What --

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A.

Yes, I see that.

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Q.

What do you mean by third-party devices? 02:18:41

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A.

So that would be a device that's made by 02:18:43

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a manufacturer other than these devices that are

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mentioned that are branded Google.

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Q.

Okay.

Have you examined any third-party 02:19:05

Android devices?
A.

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I've seen them.

I've touched them.

I

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haven't examined them to the -- in connection with 02:19:29

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this case.

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Q.

02:19:32
Okay.

Do you know anything about what

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portions of the Android operating system is on

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third-party devices?

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A.

It's -- specific -- well, because the -- 02:19:48

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the manufacturers can modify the source code, it's 02:19:55

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unclear what -- without actually examining the

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device, what is actually on the device.

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Q.

So you don't know what's on any

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third-party devices, right?
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Because I haven't done that analysis, I

don't know what's on the third-party devices.

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August
Q.

That's because you haven't looked at the 02:20:20

code on third-party devices?

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A.

That's correct.

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Q.

Do you have any other reason to conclude 02:20:27

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what may or may not be on the third-party devices? 02:20:35

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02:20:25

MR. KAMBER:
A.

Objection.

Form.

Not concluding what is or isn't.

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I'm

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simply stating that the -- I haven't seen Oracle

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establish what portions are on the third-party

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devices.

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Q.

And you haven't looked at any

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third-party devices yourself to make a

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determination of what's on them?

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MR. KAMBER:

Objection.

Form.

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A.

I wasn't asked to do that.

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Q.

So you didn't do it?

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A.

So I have not done that.

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Q.

You say, Device manufacturers often

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modify the source code.

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What device manufacturers are you

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referring to?

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A.

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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
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August

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the third-party device manufacturers often modify

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the source code?

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A.

That -- that would be Exhibit X.

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Q.

Anything else besides Exhibit X?

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A.

At least Exhibit X.

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additional.

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Q.

And did you --

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A.

But you -- I'm sorry, go ahead.

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Q.

Did you conduct any research to

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I'm not recalling

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determine how third-party device manufacturers

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modify source code?

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A.

No, I did not.

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Q.

Did you make any investigation into how

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third-party device manufacturers modify the source 02:22:29

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code?

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No, I didn't need to examine the devices 02:22:34

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to understand what Oracle had or had not

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established in this respect.

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Q.

Well, you're not in this sentence saying 02:22:46

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what Oracle had or had not established.

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making an affirmative statement that third-party

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device manufacturers often modify the source code. 02:22:55

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And -- do you see that?

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A.

You're

Yes.

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August
Q.

And are you standing by that affirmative 02:23:02

statement?
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I am, based on the -- the deposition of

Patrick Brady.
Q.

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And that's that limited excerpt of the

deposition of Patrick Brady?
A.

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That's the part of the deposition

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transcript that I examined.
Q.

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And are you relying on anything else for 02:23:53

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the statement in that sentence, this is an

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important issue because device manufacturers often 02:24:04

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modify the source code?

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MR. KAMBER:
A.

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Objection.

Form.

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Well, I think that the -- the deposition 02:24:11

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transcript, in my mind, is sufficient.

I may have 02:24:16

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seen things in the course of this work that

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confirm what's described, or at least suggest

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similar conclusions that are in that -- that

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deposition transcript.

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Q.

Well, what other things?

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A.

Nothing comes to mind at the moment, but 02:24:40

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I've looked at a number of things, and it's

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possible that I've come across additional

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suggestions that device manufacturers modify the

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