Oracle America, Inc. v. Google Inc.

Filing 712

ORDER REGARDING FEBRUARY 8 JOINT LETTER re #711 Letter filed by Google Inc.. Signed by Judge Alsup on February 9, 2012. (whalc1, COURT STAFF) (Filed on 2/9/2012)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
11
For the Northern District of California

United States District Court

10

12
13
14
15
16

No. C 10-03561 WHA

ORACLE AMERICA, INC.,
Plaintiff,
v.

ORDER REGARDING
FEBRUARY 8 JOINT LETTER

GOOGLE INC.,
Defendant.
/

17
18

The parties have a discovery dispute arising from Dr. Ian Cockburn’s third damages

19

report. In his report, Dr. Cockburn stated that he “consulted with Dr. Mark Reinhold . . . and with

20

other Java engineers employed by Sun and now Oracle” in order to rank the importance of the

21

intellectual property in the 2006 license bundle. Dr. Cockburn named four individuals as the

22

“other Java engineers” in his report.

23

Google seeks to depose these “other Java engineers.” Oracle opposes and argues that only

24

Dr. Reinhold should be deposed. Oracle explains that only Dr. Reinhold provided information to

25

Dr. Cockburn and the “consulted with . . . other Java engineers” phrase was unfortunately the

26

result of a “drafting error.” Oracle explains that these other engineers only assisted Dr. Reinhold,

27

did not directly speak with Dr. Cockburn, and are not expected to testify at trial.

28

1

Google is hereby allowed to depose (and Oracle must make available without subpoena)

2

Dr. Reinhold and the four “other Java engineers” for a total of 14 hours of “airtime,” i.e., not

3

counting breaks, all depositions to occur over the course of two days unless counsel agree

4

otherwise. Oracle must produce at the depositions any materials used by the deponent in

5

supplying information to the expert or to Dr. Reinhold on the subjects at issue. Google may

6

allocate the 14 hours as it wishes among the five deponents, in any sequence Google wishes, and

7

may choose to eliminate one or more deponents without prejudice to its full 14 hours of “air

8

time.”

9
IT IS SO ORDERED.

11
For the Northern District of California

United States District Court

10

12

Dated: February 9, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2