Oracle America, Inc. v. Google Inc.

Filing 587

ORDER TO SUBMIT COLOR-CODED HANDOUT OF CLAIMS TO BE TRIED. Signed by Judge Alsup on November 1, 2011. (whalc1, COURT STAFF) (Filed on 11/1/2011)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ORACLE AMERICA, INC., 11 For the Northern District of California United States District Court 10 12 13 Plaintiff, v. ORDER TO SUBMIT COLOR-CODED HANDOUT OF CLAIMS TO BE TRIED GOOGLE INC., 14 Defendant. / 15 16 No. C 10-03561 WHA The Court has presided over more than ten patent trials and has worked hard to find ways 17 to assist the jury in comprehending the issues and evidence. One effective way is to use posters 18 and handouts for the jury that isolate the claim phrases in actual contention. Each claim is on a 19 separate page and the few phrases usually alleged to be missing from the accused item (for 20 infringement purposes) and from the prior art reference (for anticipation purposes) are highlighted 21 in colors coded to the respective issues. We will try this in the instant action. 22 By NOON ON NOVEMBER 8, defendant shall identify to plaintiff in writing its best two 23 references for anticipation purposes as to each of the 26 claims to be tried identified by plaintiff 24 (Dkt. No. 471). It may be that at trial defendant will assert anticipation based on more than two 25 references per claim. In identifying the references for purposes of the poster/handout, however, 26 please pick only the best two. Of course, different references can be asserted against the various 27 claims at trial. 28 1 As to each claim to be tried, plaintiff shall highlight in gray each phrase it contends is 2 missing from Reference No. 1 for anticipation purposes and shall highlight in blue each phrase it 3 contends is missing from Reference No. 2 for anticipation purposes. Non-highlighted phrases 4 will be deemed conceded as to those references. This must be done and provided to defendant by 5 NOON ON NOVEMBER 15. 6 As to each claim to be tried, defendant shall highlight in pink each phrase it contends is 7 missing from the accused device or method. The remainder will be deemed conceded. This must 8 be done and provided to plaintiff by NOON ON NOVEMBER 15. information. Counsel shall use their best judgment as to the most effective way to visually 11 For the Northern District of California Counsel then shall meet and confer to create a joint handout that compiles all of this 10 United States District Court 9 communicate both the infringement and anticipation issues using only one copy of each claim to 12 be tried. For example, in a previous trial, counsel clarified overlap by using red underlining 13 (instead of pink highlighting) to identify phrases disputed as to infringement, while using parallel 14 bands of highlighting to identify phrases disputed as to the two anticipation references. The joint 15 proposed handout must be filed by NOON ON NOVEMBER 18. 16 In the Court’s experience, very few phrases need be or should be highlighted by either 17 side since almost always all but one or two phrases are clearly present. The Court expects and 18 needs counsel to be candid and keep the highlighting to a minimum. This is important. This will 19 assist everyone by assisting the jury in focusing mainly on phrases and evidence in dispute. 20 21 IT IS SO ORDERED. 22 23 Dated: November 1, 2011. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 24 25 26 27 28 2

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