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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1 2 3 4 5 MORRISON & FOERSTER LLP MICHAEL A. JACOBS (Bar No. 111664) MARC DAVID PETERS (Bar No. 211725) DANIEL P. MUINO (Bar No. 209624) 755 Page Mill Road Palo Alto, CA 94304-1018 Telephone: (650) 813-5600 / Facsimile: (650) 494-0792 6 7 8 9 10 11 BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) 333 Main Street Armonk, NY 10504 Telephone: (914) 749-8200 / Facsimile: (914) 749-8300 STEVEN C. HOLTZMAN (Bar No. 144177) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: (510) 874-1000 / Facsimile: (510) 874-1460 12 13 14 15 16 17 18 ORACLE CORPORATION DORIAN DALEY (Bar No. 129049) DEBORAH K. MILLER (Bar No. 95527) MATTHEW M. SARBORARIA (Bar No. 211600) 500 Oracle Parkway Redwood City, CA 94065 Telephone: (650) 506-5200 / Facsimile: (650) 506-7114 Attorneys for Plaintiff ORACLE AMERICA, INC. 19 20 UNITED STATES DISTRICT COURT 21 NORTHERN DISTRICT OF CALIFORNIA 22 SAN FRANCISCO DIVISION 23 ORACLE AMERICA, INC. CASE NO. CV 10-03561 WHA 24 Plaintiff, 25 v. 26 27 28 [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 1 The Court has read and considered Oracle’s Motion for Administrative Relief to Deem 2 Facts Admitted by Google. Based on the arguments presented in the motion, the pleadings on 3 file, and any other relevant matter, the following facts shall be deemed admitted for purposes of 4 the upcoming trial: 5 1. Google has admitted that the 37 Java APIs meet the threshold for originality required by the Constitution. 6 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. 7 8 3. Google has admitted that the Java programming language is distinct from the Java APIs and class libraries. 9 10 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. 11 12 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. 13 14 15 16 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. 17 18 19 IT IS SO ORDERED. 20 21 22 Date: 23 Honorable William H. Alsup Judge of the United States District Court 24 25 26 27 28 [PROPOSED] ORDER GRANTING MOTION TO DEEM FACTS ADMITTED BY GOOGLE CASE NO. CV 10-03561 WHA sf-3130527 1

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