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 3 SAN FRANCISCO DIVISION 4 5 ORACLE AMERICA, INC., 6 Plaintiff, ) ) 7 vs. ) 8 GOOGLE, INC., ) 9 10 Defendant. No. CV 10-03561 WHA ) ______________________________) 11 12 13 14 -- HIGHLY CONFIDENTIAL, ATTORNEYS' EYES ONLY-- 15 16 17 Videotaped deposition of OWEN ASTRACHAN, PH.D., 18 taken at King & Spalding, LLP, 19 333 Twin Dolphin Drive, Redwood Shores, California, 20 commencing at 9:29 a.m., on 21 Friday, September 9, 2011, 22 before Leslie Rockwood, RPR, CSR No. 3462. 23 24 25 PAGES 1 - 295 Page 1 Veritext National Deposition & Litigation Services 866 299-5127 EXHIBIT N Highly Confidential Attorneys' Eyes Only 1 minutes left. 2 MR. KUWAYTI: 3 4 Just a heads up. Q. That's about right. Do you believe that there is creativity in the choice of the names -- of any of these names? 5 A. I'm asking -- I'm -- if you're asking in 6 deciding what to name a method, does the designer 7 18:35:30 exercise any creativity? 8 Q. Yes. 9 A. And my answer would be even though those 10 names are largely driven by functional concerns, there 11 are certainly choices you can make about whether the name 12 should be length or size or total length. 13 18:35:47 And when you make those choices, it's 14 reasonable to think that you're -- you know, the choice 15 itself has some creativity, but the name itself is 16 functional, but you're making a choice between .size and 17 .length. 18 me that that's creative. 19 really matter which one you choose. 20 would call that a creative choice. 21 Is that creative? Q. 18:36:09 That's -- it's not clear to That's a choice, and it doesn't So I'm not sure I 18:36:31 When you add up the 8,000 choices that went 22 into choosing all these different names and organizing 23 them, would you agree that there's at least minimal 24 creativity involved in that process? 25 MR. BABER: Object to the form. 18:36:46 Page 288 Veritext National Deposition & Litigation Services 866 299-5127 EXHIBIT N Highly Confidential Attorneys' Eyes Only 1 THE WITNESS: I would not agree that if you 2 add up 8,000 epsilons that you get anything other than 3 epsilons. 4 definition of if there's no -- if there's little to no 5 creativity in each individual one, but somehow that 6 little -- when you add up all the littles, do you get 7 something, and I don't think that you can make that 8 conclusion. 9 Q. And I'm using, kind of, a mathematical BY MR. KUWAYTI: 18:36:58 In your opening report at 10 paragraph 62 -- beginning at paragraph 62, you gave some 11 examples of where you believe that Oracle and Sun have 12 implemented various APIs. 13 A. Yes, I did. 14 Q. And my question is: 18:37:09 Did you do anything to 15 research whether there was a license to use these APIs by 16 Oracle or Sun? 17 18 19 20 21 A. No. Q. 18:37:30 I didn't look to see if there was a Did you do any research to see whether there license. was permission given to Oracle or Sun to use these APIs? A. 18:37:48 I didn't do research, but I'm reasonably 22 confident that no agreement was made with Visicalc, for 23 example, to include those method names, because I don't 24 think -- from Oracle or Sun, between StarOffice and 25 OpenOffice. I don't -- I'm assuming they did not talk to 18:38:13 Page 289 Veritext National Deposition & Litigation Services 866 299-5127 EXHIBIT N Highly Confidential Attorneys' Eyes Only 1 the originators of Visicalc. 2 That's an assumption. I could be wrong. 3 Q. And you're assuming that why, because -- 4 A. Because I'm thinking that the originators of 5 Visicalc probably aren't around as part of Visicalc. 6 They're certainly around as part of being guys that are 7 still alive. 8 Q. Right. 9 A. Correct. 10 Q. Do you know if in any of these cases was 18:38:25 The company's not around anymore? 11 anybody claiming that these APIs at issue were 12 18:38:36 proprietary? 13 14 A. I don't know whether there was any -- there were any such claims, no. 15 Q. Did you read -- did you do research to 16 determine how much of the API was used, whether it was 17 just the names or whether it was the organizational 18 structure? 19 A. 18:38:47 No. My report talks about the names, and so 20 I was concentrating on the fact that the names were the 21 same in these two, and I didn't look to see how those 22 names might be organized within the different 23 spreadsheets, because we're talking about the spreadsheet 24 example. 25 Q. Okay. So my last question is: Do you have 18:39:02 18:39:15 Page 290 Veritext National Deposition & Litigation Services 866 299-5127 EXHIBIT N Highly Confidential Attorneys' Eyes Only 1 any opinions -- any additional opinions that aren't 2 reflected in your report and that you haven't already 3 discussed here at the deposition today with respect to 4 Dr. Mitchell's reply report? 5 opinions to offer? 6 A. Are you asking about his last report? 7 Q. His last report or -- do you have any new Do you have any additional 18:39:34 8 opinions that aren't reflected in your reports, I guess 9 is my question? 10 A. No. I -- no. I don't think I have new 11 opinions that aren't reflected in my reports, other -- 12 new ones. 13 18:39:43 hadn't had, but I don't have any other opinions. 14 15 I mentioned earlier about the names that I MR. KUWAYTI: Okay. I have no further questions. 18:39:57 16 MR. BABER: All right. 17 THE VIDEOGRAPHER: I have no questions. This marks the end of 18 Volume 1, Disk 4, and concludes the deposition of 19 Professor Owen Astrachan. 20 are off the record. 21 MR. BABER: The time is 6:40 p.m., and we 18:40:09 And on the non-video record, we 22 do reserve our rights to read and sign. 23 rights to read and sign. 24 (TIME NOTED: 25 We exercise our 6:40 p.m.) ---oOo--Page 291 Veritext National Deposition & Litigation Services 866 299-5127 EXHIBIT N EXHIBIT N

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