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)

Download PDF
EXHIBIT 2-6 Highly Confidential - Attorneys' Eyes Only 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN FRANCISCO DIVISION 4 5 ________________________ 6 ORACLE AMERICA, INC., 7 ) Plaintiff, 8 vs. 9 ) GOOGLE, INC., 10 11 ) No. CV 10-03561 WHA ) VOLUME I Defendant. ) ________________________) 12 13 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY 14 15 Videotaped Patent Issues Deposition 16 of JOHN C. MITCHELL, Ph.D., taken at 17 755 Page Mill Road, Palo Alto, California, 18 commencing at 9:43 a.m., Tuesday, 19 September 6, 2011, before Leslie Rockwood, 20 RPR, CSR No. 3462. 21 22 23 24 25 PAGES 1 - 270 Page 1 Veritext National Deposition & Litigation Services 866 299-5127 EXHIBIT 2-6 Highly Confidential - Attorneys' Eyes Only 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Page 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Page 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Page 79 Page 81 21 (Pages 78 - 81) Veritext National Deposition & Litigation Services 866 299-5127 EXHIBIT 2-6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?