Oracle America, Inc. v. Google Inc.

Filing 768

ORDER REGARDING HEARING ON MARCH 7 re #756 Order. Signed by Judge Alsup on March 5, 2012.. (whalc1, COURT STAFF) (Filed on 3/5/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,
ORDER REGARDING
HEARING ON MARCH 7

v.
GOOGLE INC.,
Defendant.
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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.,

For the hearing on Wednesday, the Court would like to learn the following. How did

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Dr. Ian Cockburn choose which studies to rely on for the patent-value curves? Do studies not

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chosen, such as those listed in Harhoff et al., have less skewed curves? Please bring copies of all

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references and studies with patent-value curves, not just the three selected by Dr. Cockburn.

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Based on the three studies cited, what is the confidence interval for the proposition that the top

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0.5% of patents are worth 32.7% of the value (also, that the top 4% of patents are worth 10.2%)?

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What would be the value of the ’104, ’205, and ’720 patents if they ranked as the bottom three of

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the “top” 22 patents? For all statistical analysis, including the conjoint analysis, the Court is

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interested in the confidence intervals of the results. Under the group and value approach, what is

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the separate value of each patent in suit?

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Both sides shall exchange whatever illustrative materials they plan to use by 5:00 P.M. ON
TUESDAY. Please come prepared to hand up precise evidence to back up assertions.

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Dated: March 5, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE