Oracle America, Inc. v. Google Inc.

Filing 641

SUPPLEMENTAL ORDER REGARDING PATENTING MARKING re #638 Response to Order to Show Cause filed by Oracle America, Inc., #640 Statement filed by Google Inc.. Signed by Judge Alsup on December 6, 2011. (whalc1, COURT STAFF) (Filed on 12/6/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ORACLE AMERICA, INC.,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

SUPPLEMENTAL ORDER
REGARDING PATENTING
MARKING

GOOGLE INC.,
Defendant.
/

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No. C 10-03561 WHA

In responsing to the Court’s proposed order regarding patent marking, the recent

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submissions from both parties have caveats (Dkt. Nos. 638, 640). Both sides shall meet and

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confer in person and devise a fully agreeable procedure regarding the marking statute. The

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agreement must include the evidentiary effect of the procedure. That is, if both sides agree on an

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item, shouldn’t that item be deemed established for all purposes at trial? The order to show cause

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is withdrawn in favor of requiring both sides to agree in full on a procedure and to submit the

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procedure by NOON ON DECEMBER 20, 2011.

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IT IS SO ORDERED.

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Dated: December 6, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE