Oracle America, Inc. v. Google Inc.
Filing
509
DECLARATION of RUCHIKA AGRAWAL in Opposition to #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 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3, #4 Exhibit 1-4, #5 Exhibit 1-5, #6 Exhibit 1-6, #7 Exhibit 1-7, #8 Exhibit 1-8, #9 Exhibit 1-9, #10 Exhibit 1-10, #11 Exhibit 1-11, #12 Exhibit 1-12, #13 Exhibit 2-1, #14 Exhibit 2-2, #15 Exhibit 2-3, #16 Exhibit 2-4, #17 Exhibit 2-5, #18 Exhibit 2-6, #19 Exhibit 2-7, #20 Exhibit 2-8, #21 Exhibit 2-9, #22 Exhibit 2-10, #23 Exhibit 2-11, #24 Exhibit 2-12, #25 Exhibit 2-13, #26 Exhibit 2-14, #27 Exhibit 2-15, #28 Exhibit 2-16, #29 Exhibit 2-17, #30 Exhibit 3-1, #31 Exhibit 3-2, #32 Exhibit 3-3, #33 Exhibit 3-4, #34 Exhibit 3-5, #35 Exhibit 3-6, #36 Exhibit 3-7, #37 Exhibit 3-8, #38 Exhibit 3-9, #39 Exhibit 3-10, #40 Exhibit 3-11, #41 Exhibit 4-1, #42 Exhibit 4-2, #43 Exhibit 4-3, #44 Exhibit 5-1, #45 Exhibit 5-2, #46 Exhibit 5-3, #47 Supplement 5-4)(Related document(s) #496 , #494 , #492 , #493 , #495 ) (Kamber, Matthias) (Filed on 10/7/2011)
1
2
3
4
5
MORRISON & FOERSTER LLP
MICHAEL A. JACOBS (Bar No. 111664)
mjacobs@mofo.com
MARC DAVID PETERS (Bar No. 211725)
mdpeters@mofo.com
DANIEL P. MUINO (Bar No. 209624)
dmuino@mofo.com
755 Page Mill Road
Palo Alto, CA 94304-1018
Telephone: (650) 813-5600 / Facsimile: (650) 494-0792
6
7
8
9
10
11
BOIES, SCHILLER & FLEXNER LLP
DAVID BOIES (Admitted Pro Hac Vice)
dboies@bsfllp.com
333 Main Street
Armonk, NY 10504
Telephone: (914) 749-8200 / Facsimile: (914) 749-8300
STEVEN C. HOLTZMAN (Bar No. 144177)
sholtzman@bsfllp.com
1999 Harrison St., Suite 900
Oakland, CA 94612
Telephone: (510) 874-1000 / Facsimile: (510) 874-1460
12
13
14
15
16
17
18
ORACLE CORPORATION
DORIAN DALEY (Bar No. 129049)
dorian.daley@oracle.com
DEBORAH K. MILLER (Bar No. 95527)
deborah.miller@oracle.com
MATTHEW M. SARBORARIA (Bar No. 211600)
matthew.sarboraria@oracle.com
500 Oracle Parkway
Redwood City, CA 94065
Telephone: (650) 506-5200 / Facsimile: (650) 506-7114
Attorneys for Plaintiff
ORACLE AMERICA, INC.
19
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
20
21
22
ORACLE AMERICA, INC.
23
Plaintiff,
DECLARATION OF RUCHIKA
AGRAWAL IN SUPPORT OF ORACLE
AMERICA, INC.’S OPPOSITIONS TO
GOOGLE’S MOTIONS IN LIMINE
NOS. 1 THROUGH 5
Defendant.
Dept.: Courtroom 8, 19th Floor
Judge: Honorable William H. Alsup
24
v.
25
GOOGLE INC.
26
Case No. CV 10-03561 WHA
27
28
AGRAWAL DECL. ISO OPPOSITIONS TO GOOGLE’S MOTIONS IN LIMINE NOS. 1 THROUGH 5
CASE NO. CV 10-03561 WHA
pa-1489921
1
I, Ruchika Agrawal, declare as follows:
2
I am an attorney at Morrison & Foerster LLP and am counsel of record to Plaintiff Oracle
3
America, Inc. (“Oracle”). I have personal knowledge of the matters set forth herein and, if called
4
to testify, could and would testify competently to the following.
5
6
7
8
9
10
11
12
13
1.
Attached hereto as Exhibit 1-1 are true and correct copies of excerpts of the
transcript of the deposition of Tim Lindholm taken on September 7, 2011.
2.
Attached hereto as Exhibit 1-2 is a true and correct copy of a document produced
by Google in this case bearing production number GOOGLE-12-00000115.
3.
Attached hereto as Exhibit 1-3 is a true and correct copy of a document produced
by Google in this case bearing production number GOOGLE-14-00001233.
4.
Attached hereto as Exhibit 1-4 is a true and correct copy of a document produced
by Google in this case bearing bates number GOOGLE-00001772 through Google-00-00001781.
5.
Attached hereto as Exhibit 1-5 is a true and correct copy of a document produced
14
by Google in this case bearing production number GOOGLE-12-00000472 through GOOGLE-
15
12-00000476.
16
17
18
19
20
21
22
6.
Attached hereto as Exhibit 1-6 is a true and correct copy of a document produced
by Google in this case bearing production number GOOGLE-12-00000656.
7.
Attached hereto as Exhibit 1-7 is a true and correct copy of a document produced
by Google in this case bearing production number GOOGLE-12-00018231.
8.
Attached hereto as Exhibit 1-8 is a true and correct copy of a document produced
by Google in this case bearing production number GOOGLE 01-00018836.
9.
Attached hereto as Exhibit 1-9 is a true and correct copy of a document produced
23
by Google in this case bearing production number GOOGLE-12-00078864 through GOOGLE-
24
12-00078865.
25
26
27
28
10.
Attached hereto as Exhibit 1-10 is a true and correct copy of a document produced
by Google in this case bearing production number GOOGLE-12-10000011.
11.
Attached hereto as Exhibit 1-11 are true and correct copies of excerpts of the
transcript of the deposition of Jeef Kaul taken on August 5, 2011.
AGRAWAL DECL. ISO OPPOSITIONS TO GOOGLE’S MOTIONS IN LIMINE NOS. 1 THROUGH 5
CASE NO. CV 10-03561 WHA
pa-1489921
1
1
2
3
12.
Attached hereto as Exhibit 1-12 are true and correct copies of excerpts of the
transcript of the deposition of Hasan Rizvi taken on July 28, 2011.
13.
Attached hereto as Exhibit 2-1 is a true and correct copy of an excerpt of Android
4
Designing for Performance available at
5
http://developer.android.com/guide/practices/design/performance.html.
6
14.
Attached hereto as Exhibit 2-2 is a true and correct of copy of an excerpt of
7
Android 2.2 Platform Highlights available at http://developer.android.com/sdk/android-2-2-
8
highlights.html.
9
15.
Attached hereto as Exhibit 2-3 is a true and correct copy of a document produced
10
by Google in this case bearing production number GOOGLE-04-00055098 through GOOGLE-
11
04-00055099.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
16.
Attached hereto as Exhibit 2-4 are true and correct copies of excerpts of the
transcript of the deposition of Daniel Morrill taken on July 12, 2011.
17.
Attached hereto as Exhibit 2-5 are true and correct copies of excerpts from the
Opening Expert Report of John C. Mitchell Regarding Patent Infringement, dated August 8, 2011.
18.
Attached hereto as Exhibit 2-6 are true and correct copies of excerpts of the
transcript of the deposition of John C. Mitchell taken on September 6, 2011.
19.
Attached hereto as Exhibit 2-7 are true and correct copies of excerpts of the
Summary and Report of Robert (“Bob”) G. Vandette, dated August 8, 2011.
20.
Attached hereto as Exhibit 2-8 are true and correct copies of excerpts of the
Summary and Report of Noel Poore, dated August 8, 2011.
21.
Attached hereto as Exhibit 2-9 are true and correct copies of excerpts of the
Summary and Report of Erez Landau, dated August 8, 2011.
22.
Attached hereto as Exhibit 2-10 are true and correct copies of excerpts of the
transcript of the deposition of Erez Landau taken on September 14, 2011.
23.
Attached hereto as Exhibit 2-11 are true and correct copies of excerpts of the
transcript of the deposition of Robert G. Vandette taken on September 7, 2011.
28
AGRAWAL DECL. ISO OPPOSITIONS TO GOOGLE’S MOTIONS IN LIMINE NOS. 1 THROUGH 5
CASE NO. CV 10-03561 WHA
pa-1489921
2
1
2
3
24.
Attached hereto as Exhibit 2-12 are true and correct copies of excerpts of the
transcript of the deposition of Noel Poore taken on September 7, 2011.
25.
Attached hereto as Exhibit 2-13 is a true and correct copy of an excerpt of
4
Android Developers Blog: Dalvik JIT available at http://android-
5
developers.blogspot.com/2010/05/dalvik-jit.html.
6
26.
Attached hereto as Exhibit 2-14 s a true and correct copy of a document produced
7
by Google in this case bearing production number GOOGLE-02-00465974 through GOOGLE-
8
02-00465975.
9
27.
Attached hereto as Exhibit 2-15 is a true and correct copy of a document produced
10
by Google in this case bearing production number GOOGLE-06-00238120 through GOOGLE-
11
06-00238121.
12
13
14
28.
Attached hereto as Exhibit 2-16 is a true and correct copy of a document produced
by Google in this case bearing production number GOOGLE-04-00083077.
29.
Attached as Exhibit 2-17 is a true and correct copy of an excerpt of Android
15
Developers Blog: Nexus One Developer Phone available at http://android-
16
developers.blogspot.com/2010/08/nexus-one-developer-phone.html.
17
30.
Attached hereto as Exhibit 3-1 is a true and correct copy of a letter I received via
18
e-mail from Christa Anderson of Keker & Van Nest LLP on September 26, 2011, purporting to
19
submit the Expert Report of Iain M. Cockburn to the Court in camera.
20
21
22
23
24
25
26
31.
Attached hereto as Exhibit 3-2 is a true and correct copy of excerpts from the
transcript of the hearing on Google’s Daubert motion, held in open court on July 21, 2011.
32.
Attached hereto as Exhibit 3-3 is a true and correct copy of a document produced
by Oracle in this case bearing production number OAGOOGLE0000357494.
33.
Attached hereto as Exhibit 3-4 is a true and correct copy of a document produced
by Google in this case bearing production number GOOGLE-01-00065669.
34.
Exhibit 3-5 was not used.
27
28
AGRAWAL DECL. ISO OPPOSITIONS TO GOOGLE’S MOTIONS IN LIMINE NOS. 1 THROUGH 5
CASE NO. CV 10-03561 WHA
pa-1489921
3
1
35.
Attached hereto as Exhibit 3-6 is a true and correct copy of excerpts from a
2
document produced by Google in this case bearing production number GOOGLE-26-00031474–
3
497.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
36.
Attached hereto as Exhibit 3-7 is a true and correct copy of a document produced
by Google in this case bearing production number GOOGLE-01-00017222–227.
37.
Attached hereto as Exhibit 3-8 is a true and correct copy of a document produced
by Google in this case bearing production number GOOGLE-58-00029945.
38.
Attached hereto as Exhibit 3-9 is a true and correct copy of a document produced
by Oracle in this case bearing production number OAGOOGLE0002518850–855.
39.
Attached hereto as Exhibit 3-10 is a true and correct copy of a document produced
by Oracle in this case bearing production number OAGOOGLE0000489235–237.
40.
Attached hereto as Exhibit 3-11 is a true and correct copy of excerpts from
transcript of the deposition of Edward Screven taken on July 29, 2011.
41.
Attached hereto as Exhibit 4-1 are true and correct copies of excerpts of the
transcript of the deposition of Peter Kessler taken on August 4, 2011.
42.
Attached hereto as Exhibit 4-2 are true and correct copies of excerpts of the
transcript of the deposition of John Pampuch taken on July 29, 2011.
43.
Attached hereto as Exhibit 4-3 are true and correct copies of excerpts of the
19
Expert Report of Dr. Benjamin F. Goldberg Regarding Validity of Patents-In-Suit, submitted to
20
Google on August 25, 2011.
21
44.
Attached hereto as Exhibit 5-1 is a true and correct copy of Oracle’s Second
22
Supplemental Patent Local Rule 3-1 Disclosure of Asserted Claims and Infringement
23
Contentions, dated April 1, 2011.
24
45.
Exhibit 5-2 was not used.
25
46.
Attached hereto as Exhibit 5-3 is a true and correct copy of a Subpoena to Testify
26
27
28
at a Deposition in a Civil Action dated July 13, 2011.
47.
Attached hereto as Exhibit 5-4 are true and correct copies of excerpts of the
transcript of the deposition of Rafael Camargo, taken September 8, 2011.
AGRAWAL DECL. ISO OPPOSITIONS TO GOOGLE’S MOTIONS IN LIMINE NOS. 1 THROUGH 5
CASE NO. CV 10-03561 WHA
pa-1489921
4
1
I declare under penalty of perjury under the laws of the United States that to the best of
2
my knowledge the foregoing is true and correct. Executed on October 4, 2011, in Palo Alto,
3
California.
4
5
/s/ Ruchika Agrawal
Ruchika Agrawal
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AGRAWAL DECL. ISO OPPOSITIONS TO GOOGLE’S MOTIONS IN LIMINE NOS. 1 THROUGH 5
CASE NO. CV 10-03561 WHA
pa-1489921
5