Oracle America, Inc. v. Google Inc.

Filing 675

FINAL PRETRIAL ORDER. Signed by Judge Alsup on January 4, 2012. (whalc1, COURT STAFF) (Filed on 1/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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No. C 10-03561 WHA

ORACLE AMERICA, INC.,
Plaintiff,
v.

FINAL PRETRIAL ORDER

GOOGLE INC.,

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Defendant.

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/

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FOR GOOD CAUSE and after a final pretrial conference, the Court issues the

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following final pretrial order:
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This case shall go to a JURY TRIAL at 7:30 AM on A DATE ON OR AFTER MARCH

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19, 2012, TO BE SELECTED, and shall continue until completed on the schedule discussed at the

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conference. The issues to be tried shall be those set forth in the joint proposed pretrial order

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except to the extent modified by order in limine. This final pretrial order supersedes all the

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complaint, answer and any counterclaims, cross-claims or third-party complaints, i.e., only the

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issues expressly identified for trial remain in the case.

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2.

All claims for relief arising out of any patent alleged in the complaint or any

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amended complaint shall be deemed merged into the claims already selected by plaintiff to

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be tried.

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3.

Rulings on the motions in limine shall be set forth in separate orders.

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4.

Except for good cause, each party is limited to the witnesses and exhibits

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disclosed in the joint proposed final pretrial order less any excluded or limited by an order

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in limine. Materials or witnesses used solely for impeachment need not be disclosed and may

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be used, subject to the rules of evidence.
5.

The stipulations of facts set forth in the joint proposed final pretrial order are

approved and binding on all parties.
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The parties shall follow the Court's current Guidelines for Trial and

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Final Pretrial Conference, separately provided and available on the Internet at

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http://www.cand.uscourts.gov, which guidelines are incorporated as part of this order.

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7.

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JURY SELECTION: To the potential jury pool, the Court will send out a written inquiry

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The trial shall be trifurcated as follows:

along the lines of the item previously supplied. This will go out with the summons. The
ultimate purpose will be to excuse venirepersons for hardship without their having to travel to

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For the Northern District of California

United States District Court

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court, at least in clear-cut cases deserving to be excused. Those not so excused will appear on

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the first day of trial for jury selection. There will be no written substantive questionnaire. Jury

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selection will take about two hours. Counsel will be permitted to voir dire at the end of the

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Court’s voir dire. A jury of 12 will be sworn. The same jury will decide all phases of the trial.

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OPENING STATEMENT: Each side shall have one hour for opening statement. This may

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address all issues in the case or simply Phase One issues, as counsel wish, subject to rulings

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specifically limiting mention of topics or evidence to the jury.

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PHASE ONE: Phase One will be directed to all liability and defenses for all copyright

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claims but not for any other issues. To the extent it would constitute a copyright defense or go

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to a copyright liability issue, both sides may present more general “Java” evidence in Phase One

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(or Phase Two), such as implied license, laches, equitable estoppel, and waiver. Each side will

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have sixteen hours of evidence time for Phase One. At the end of the Phase One evidence, we

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will have closings (time limits to be determined), the jury will be instructed and the jury will

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deliberate and render a special verdict on all copyright liability issues. The Court is inclined to

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ask the jury for an advisory verdict on all equitable defenses, although the Court itself may

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possibly (or not) postpone ruling on equitable defenses until after Phase Two.

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PHASE TWO: The same jury will then return for Phase Two. Each side will
have 45 minutes for opening statement. In addition, we will show the jury the FJC video on the
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patent system (this will not be charged against anyone’s time limit). Phase Two will be directed

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to all patent liability and defense issues, including any generalized defenses. This phase is

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where the color-coded claim charts will be useful. Each side will have twelve hours of evidence

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time. At the end of the Phase Two evidence, we will again have closings (time limits to be

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determined), the jury will be instructed and the jury will deliberate and render a special verdict

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on all patent liability issues.

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PHASE THREE (IF NECESSARY): After openings of 45 minutes per side, all remaining

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issues would be tried including damages and willfulness. Each side may have up to eight hours

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of evidence time. Closings, instructions and verdict would then follow on those issues.
GENERAL: Unused time from an earlier phase may be banked and used by a side in a

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For the Northern District of California

United States District Court

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following phase but counsel may not borrow time from a future phase. Evidence and

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stipulations presented in an earlier phase will count as part of the trial record for all later phases

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and may be referenced in openings and closings for later phases. No trial testimony, however,

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will be video recorded. Witnesses will not be permitted to return to a subsequent phase to

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repeat testimony already given by them in an earlier phase. The jury will have already heard it.

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Witnesses may, however, return to provide new and fresh testimony on different points.

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Witnesses may not give testimony on a subject relevant only to a later phase. Openings and

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closings will not count against counsel’s allotment of evidence time. Both direct and

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cross-examination, however, will count against the allotment of evidence time. Evidence and

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argument relevant solely to whether a permanent injunction should issue must be saved for a

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subsequent proceeding, if necessary, after the jury trial.

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Any objection to this order must be filed within seven calendar days and must be
specific and cite to legal authority.

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IT IS SO ORDERED.

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Dated: January 4, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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