Oracle America, Inc. v. Google Inc.

Filing 829

NOTICE RE DISCUSSION ITEMS AT FINAL PRETRIAL CONFERENCE. Signed by Judge Alsup on March 27, 2012. (whalc1, COURT STAFF) (Filed on 3/27/2012)

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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.

NOTICE RE DISCUSSION ITEMS AT
FINAL PRETRIAL CONFERENCE

GOOGLE INC.,

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Defendant.
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No. C 10-03561 WHA

At the final pretrial conference on Wednesday, March 28, both sides should be prepared
to address the following.

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A.

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Illustrate the extent to which the 37 APIs in suit actually have “an elaborate set of

Questions For Both Parties.

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interdependencies and relationship within and across different packages,” as argued by Oracle.

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Specific examples and charts showing how API X ties into API Y will help. A list of all such

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interdependencies from each API to all others (of the 37) will be appreciated. In addition to

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the 37 APIs in suit, how many more official Java APIs are available? Relatedly, how many more

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official Android APIs are available? Can the “structure, arrangement, and selection” of APIs be

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protected by patent law? If the “structure, arrangement, and selection” of APIs was not

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copyrightable under Section 102(b), what is left for the jury to decide at trial regarding the API

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claims (specifications and implementation)? Are the 37 APIs necessary (theoretically or

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practically) for using the Java programming language? Are the 11 copied code files part of the

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37 accused APIs?

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B.

Questions For Oracle.

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By claiming that Google infringes the API implementation, is Oracle alleging that

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Google copied the source code implementing the APIs? Is Oracle also claiming that Google’s

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source code implementation of the Android APIs is a derivative work of the Java API

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specifications? What is Oracle’s answer to Google’s point in reply that the copyright

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registrations do not create a presumption as to the copyrightability of the APIs? Are there any

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aspects of the APIs that Oracle concedes are unprotectable by copyright?

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C.

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Does Google admit to copying the structure, arrangement, and selection of the Java
APIs? Are these 11 source code file removed from Android?

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For the Northern District of California

United States District Court

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Questions For Google.

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IT IS SO ORDERED.

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Dated: March 27, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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