Oracle America, Inc. v. Google Inc.

Filing 725

ORDER REGARDING PATENT MARKING JOINT STATEMENT re #721 Statement filed by Google Inc., Oracle America, Inc.. Signed by Judge Alsup on February 24, 2012. (whalc1, COURT STAFF) (Filed on 2/24/2012)

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IN THE UNITED STATES DISTRICT COURT

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

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For the Northern District of California

United States District Court

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Plaintiff,
v.
GOOGLE INC.,

ORDER REGARDING PATENT
MARKING JOINT STATEMENT

Defendant.
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No. C 10-03561 WHA

Counsel have filed a supplemental joint statement regarding the Oracle products that

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practiced the patents in suit. In this statement, they largely offer points on which they disagree.

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That is, while they came close to an agreement, they could not close the deal and agree on the use

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that the jury and Court could make of the proposed stipulations.

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A stipulation requires full agreement. Until the parties reach a complete agreement on the

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evidentiary use of the stipulation, then it is not effective. Both sides are entitled to withhold their

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acceptance until they get a full loaf instead of half a loaf. No one will be held to any conditional

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stipulation for any purpose until it is fully agreed on as to its use by the Court and jury.

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In the Court’s view, the failure to reach this stipulation will require counsel to use their

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allotted time to cover what, in most cases, would be easily agreed upon by reasonable counsel.

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The conditional stipulations will have no binding effect on anyone.

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The foregoing is not true with respect to the ’702 patent and Java OS 1.1 products. This
single unconditional stipulation is hereby binding on the parties.
IT IS SO ORDERED.

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Dated: February 24, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE