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)
EXHIBIT 2-6
Highly Confidential - Attorneys' Eyes Only
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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________________________
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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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) No. CV 10-03561 WHA
) VOLUME I
Defendant.
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________________________)
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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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Videotaped Patent Issues Deposition
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of JOHN C. MITCHELL, Ph.D., taken at
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755 Page Mill Road, Palo Alto, California,
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commencing at 9:43 a.m., Tuesday,
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September 6, 2011, before Leslie Rockwood,
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RPR, CSR No. 3462.
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PAGES 1 - 270
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EXHIBIT 2-6
Highly Confidential - Attorneys' Eyes Only
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A. I believe it's important to have adequate and
attractive networking connections. Something that's not
state-of-the-art would probably impede -- stands to
reason something that's not state-of-the-art may impede
sales.
As an additional factor, I just would point
out that as far as I understand -- and it should be easy
to find more information about it -- there are various
manufacturers of wireless networking hardware, and one
may be substitutable for another.
Q. So having a 3G air interface or above is also
the basis for consumer demand for Android products?
A. I think I've explained the importance of that
factor.
Q. Is it more or less important in the patents
patents-in-suit, sir?
A. Well, one factor that comes to mind -- and
there may be others -- that would occur to me on
reflection is that there is -- I believe a -- some degree
of substitutability across available networking hardware,
whereas as I've laid out in this report, based on my
study and evaluation to the best that I'm able to do
this, it doesn't appear that there is reasonable
substitutability of another platform for the platform
that draws critically on the patents-in-suit.
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11:59 a.m.
You may proceed.
Q. BY MR. PAIGE: Welcome back, Professor
Mitchell.
A. Thank you.
Q. You say that the Oracle employees Landau,
Poore and Vandette conducted certain experiments at your
direction; correct?
A. I believe that's what it says in that report.
Q. Why did you choose to use Oracle employees
rather than an independent consulting firm?
A. I believe that I asked if it was possible to
get someone to help with some kinds of experiments like
that or perhaps someone asked me if I knew students, and
I suggested that perhaps someone who works for Oracle
could be one possibility of doing that.
Q. Are there no consulting firms capable of
doing the type of work that those employees did?
A. There may be. I didn't -- I didn't research
that.
Q. Did you think it might be better to have
someone independent rather than a partisan with a stake
in the matter doing these experiments?
MR. PETERS: Objection. Form.
THE WITNESS: I didn't really even make that
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Q. So in your opinion, the patents-in-suit are
more important than having a 3G air interface on an
Android device?
A. That's not what I said.
Q. Well, what is your opinion? Are the
patents-in-suit more important or is having a 3G air
interface more important?
MR. PETERS: Objection. Form.
THE WITNESS: I believe that the -- and it
would be possible to look into this if this is an
absolutely critical issue, and maybe other people know
more about it, but it strikes me that there are likely a
number of different ways to assemble a phone with
adequate networking so that an individual chip to provide
networking could be replaced with another, whereas as I
think I tried to explain, I don't see that as being an
aspect of the patents-in-suit in the software technology
at issue.
MR. PAIGE: Okay. We need to take a break to
change the tape, please.
THE VIDEOGRAPHER: This is the end of Disk
Number 1, Volume 1. We are off the record at 11:38 a.m.
(Recess.)
THE VIDEOGRAPHER: This is the beginning of
Disk Number 2, Volume 1. We are back on the record at
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judgment. It didn't strike me that this would be an
issue where partisanship or opinion would have much
bearing on it. What I believe those engineers have done
is modify the system in various ways that's easily
documented and run the system with certain measurements
afterwards. I think the results there are probably
concrete and can be evaluated objectively.
Q. BY MR. PAIGE: Did you design the experiments
conducted by Landau, Poore and Vandette?
A. I believe I did to a certain degree. That
is, the experiments are to the -- as far as I recall,
basically comparisons against the Android system or
components of it as it exists now versus some
modification. As far as I recall, those modifications
were modifications that I suggested.
Q. Okay. So you're the one who came up with the
actual modifications they implemented; is that right?
A. At some degree of detail, I believe so.
Q. Okay. You might not have done the actual low
level code, but you told them on a high level, "This is
what I'd like you to do in order to carry out this
experiment"?
A. I don't remember the exact, you know, wording
of the discussion, but I believe I handled it the same
way I would with a graduate student. I want them to feel
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EXHIBIT 2-6