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)

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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

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