Oracle America, Inc. v. Google Inc.

Filing 686

DIRECTIVE TO RULE 706 EXPERT re #685 Order on Motion in Limine,. Signed by Judge Alsup on January 9, 2012. (whalc1, COURT STAFF) (Filed on 1/9/2012)

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
14

Plaintiff,
v.

DIRECTIVE TO
RULE 706 EXPERT

GOOGLE INC.,
Defendant.
/

15
16

No. C 10-03561 WHA

To eliminate any incentive to exaggerate damages by thinking plaintiff can always fall

17

back on the Rule 706 expert analysis, this order requires that the Rule 706 report not issue until, if

18

ever, Dr. Cockburn produces a viable report himself and the Court then orders release of the

19

Rule 706 report. This order is without prejudice to the possibility that no further opportunity to

20

cure will be given to plaintiff, an issue yet to be decided, in which case the Rule 706 report shall

21

be limited strictly to the matters left standing by motion practice.

22
23

IT IS SO ORDERED.

24
25
26
27
28

Dated: January 9, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE