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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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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ORACLE AMERICA, INC.,
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Plaintiff, )
vs.
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GOOGLE, INC.,
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No. CV 10-03561
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Defendant. )
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Videotaped Deposition of Jeet Kaul, taken at
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755 Page Mill Road, Palo Alto, California,
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commencing at 9:28 a.m., Friday, August 5, 2011,
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before Ashley Soevyn, CSR 12019.
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Q. -- the Sun IP?
A. You know, I do not know of direct facts of
whether that stuff was communicated to Google or
not.
Q. Regardless of what was communicated to
Google, are you aware of any facts that demonstrate
that Google knew it was infringing Sun's Java IP?
11:58:29
A. You know, my fundamental perception is that
Google was an active participant of JCP. Many of
Google employees were ex-Sun employees. All of them
knew how we did licensing, what the core of it was,
how we built the platform, what files were involved.
And so I jumped to conclusion that they knew that
11:58:55
this is happening, that this is the core business,
so that's how I kind of jump to the conclusion, you
know. I knew many of these former Sun employees,
so -Q. Do you know whether any of the former Sun
employees that you're referring to, who went to
Google, worked on the Android project?
A. At least one.
Q. Who is that?
A. It's Eric Chu.
Q. Do you know what Mr. Chu did on the Android
project, once he went to Google?
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rest of the day. And if anything comes to mind, let
me know, but we can -- we can move on.
A. Yeah.
Q. We don't have to just -A. Right.
Q. -- have you, you know, sit on the record
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thinking.
Prior to Oracle acquiring Sun, do you know
whether anyone from Sun ever told anyone at Google
that Sun believed Google was infringing Sun's
intellectual property with Android?
MS. RUTHERFORD: Objection to form.
THE WITNESS: So I categorically do not
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know that, but I was aware that -- I was made aware
that there was some conversation like that that had
happened.
BY MR. PURCELL:
Q. When you were made aware of some
conversation like that that had happened, what
conversation were you made aware of?
A. I don't know this for a fact. So I just
12:02:01
want to make sure you know that. I -- I don't
remember who mentioned it to me, but I was told that
there are people who had some conversation raised to
people at Google.
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A. I was told that he was responsible for the 11:59:30
open handset lines, formation of.
Q. Do you know whether Mr. Chu did any work in
developing the Android platform after he went to
Google?
A. I don't know. And that's not my
perception, but I don't know.
11:59:59
Q. Have you told me every fact that you're
aware of that contributed to your belief that Google
knew it was infringing Sun's Java IP?
MS. RUTHERFORD: What he means is facts
that you didn't learn from counsel.
THE WITNESS: Oh.
MR. PURCELL: No, if he learned a fact from
counsel, he can testify to that. He can't testify
to what counsel told him.
THE WITNESS: So, you know, there are
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things that I'm kind of not right now jump in my
mind. Maybe, you know, if over time today they come
to mind, I can share, but right now -BY MR. PURCELL:
Q. Right now, nothing comes to mind?
A. No, no. I can spend some time thinking, if
you would like me to, but -Q. Well, it's fine to think throughout the
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Q. Do you recall roughly what timeframe this
conversation between Sun and Google took place?
A. I don't remember right now, I'm sorry.
Q. And you don't know who the participants
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were for Sun or for Google in this conversation?
A. Absolutely, I, unfortunately, do not
know.
Q. During this conversation -- strike that.
Is this one conversation that you were
informed about the only conversation you're aware of
that took place between Sun and Google, prior to the
Oracle acquisition, regarding whether Android was
infringing Sun intellectual property?
12:02:58
A. This was the only conversation that I'm
aware of, you know, other than, you know, the one
meeting that I had personally, yes.
Q. Well, let's hold off on the one meeting.
We'll get back to that.
During this conversation that you were
informed of, do you know whether anyone from Sun
identified any specific patents to Google that they
claim were being infringed by Android?
12:03:23
A. Okay. It's, again, kind of hard. No, I
don't know if they list it, but, you know, my
perception was that they probably, you know, talked
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