Oracle America, Inc. v. Google Inc.

Filing 892

MOTION Administrative Relief to Deem Facts Admitted by Google filed by Oracle America, Inc.. Responses due by 4/12/2012. (Attachments: #1 Proposed Order)(Jacobs, Michael) (Filed on 4/10/2012)

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MORRISON & FOERSTER LLP
MICHAEL A. JACOBS (Bar No. 111664)
[e-mail]
MARC DAVID PETERS (Bar No. 211725)
[e-mail]
DANIEL P. MUINO (Bar No. 209624)
[e-mail]
755 Page Mill Road
Palo Alto, CA 94304-1018
Telephone: [phone] / Facsimile: [phone]

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BOIES, SCHILLER & FLEXNER LLP
DAVID BOIES (Admitted Pro Hac Vice)
[e-mail]
333 Main Street
Armonk, NY 10504
Telephone: [phone] / Facsimile: [phone]
STEVEN C. HOLTZMAN (Bar No. 144177)
[e-mail]
1999 Harrison St., Suite 900
Oakland, CA 94612
Telephone: [phone] / Facsimile: [phone]

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ORACLE CORPORATION
DORIAN DALEY (Bar No. 129049)
[e-mail]
DEBORAH K. MILLER (Bar No. 95527)
[e-mail]
MATTHEW M. SARBORARIA (Bar No. 211600)
[e-mail]
500 Oracle Parkway
Redwood City, CA 94065
Telephone: [phone] / Facsimile: [phone]
Attorneys for Plaintiff
ORACLE AMERICA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ORACLE AMERICA, INC.

CASE NO. CV 10-03561 WHA

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Plaintiff,
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v.
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[PROPOSED] ORDER GRANTING
ORACLE AMERICA’S MOTION FOR
ADMINISTRATIVE RELIEF TO
DEEM FACTS ADMITTED BY
GOOGLE

GOOGLE INC.
Defendant.

Judge: Honorable William H. Alsup

[PROPOSED] ORDER GRANTING MOTION TO DEEM FACTS ADMITTED BY GOOGLE
CASE NO. CV 10-03561 WHA
sf-3130527

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The Court has read and considered Oracle’s Motion for Administrative Relief to Deem

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Facts Admitted by Google. Based on the arguments presented in the motion, the pleadings on

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file, and any other relevant matter, the following facts shall be deemed admitted for purposes of

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the upcoming trial:

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1. Google has admitted that the 37 Java APIs meet the threshold for originality required
by the Constitution.

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2. Google has admitted that Android incorporates the same selection, arrangement and
structure of API elements as Java 2 SE does for the 37 API packages at issue.

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3. Google has admitted that the Java programming language is distinct from the Java
APIs and class libraries.

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4. Google has admitted that the only way to demonstrate compatibility with the Java
specification is by meeting all of the requirements of Sun’s Technology Compatibility
Kit (“TCK”) for a particular edition of Sun’s Java.

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5. Google has admitted: TCKs were only available from Sun, initially not available as
open source, were provided solely at Sun’s discretion, and included several
restrictions, such as additional licensing terms and fees. In essence, although
developers were free to develop a competing Java virtual machine, they could not
openly obtain an important component needed to freely benefit from Sun’s purported
open-sourcing of Java.

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6. Google has admitted: Although Sun offered to open source the TCK for Java SE, Sun
included field of use (“FOU”) restrictions that limited the circumstances under which
Apache Harmony users could use the software that the Apache Software Foundation
created. Sun refused the ASF’s request for a TCK license without FOU restrictions.

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IT IS SO ORDERED.

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Date:
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Honorable William H. Alsup
Judge of the United States District Court

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[PROPOSED] ORDER GRANTING MOTION TO DEEM FACTS ADMITTED BY GOOGLE
CASE NO. CV 10-03561 WHA
sf-3130527

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