Oracle America, Inc. v. Google Inc.
Filing
908
MOTION to Deem Facts Admitted by Google filed by Oracle America, Inc.. Responses due by 4/16/2012. (Attachments: #1 Proposed Order, #2 Declaration of Marc David Peters, #3 Exhibit 1, #4 Exhibit 2)(Jacobs, Michael) (Filed on 4/12/2012)
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MORRISON & FOERSTER LLP
MICHAEL A. JACOBS (Bar No. 111664)
mjacobs@mofo.com
MARC DAVID PETERS (Bar No. 211725)
mdpeters@mofo.com
DANIEL P. MUINO (Bar No. 209624)
dmuino@mofo.com
755 Page Mill Road
Palo Alto, CA 94304-1018
Telephone: (650) 813-5600 / Facsimile: (650) 494-0792
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BOIES, SCHILLER & FLEXNER LLP
DAVID BOIES (Admitted Pro Hac Vice)
dboies@bsfllp.com
333 Main Street
Armonk, NY 10504
Telephone: (914) 749-8200 / Facsimile: (914) 749-8300
STEVEN C. HOLTZMAN (Bar No. 144177)
sholtzman@bsfllp.com
1999 Harrison St., Suite 900
Oakland, CA 94612
Telephone: (510) 874-1000 / Facsimile: (510) 874-1460
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ORACLE CORPORATION
DORIAN DALEY (Bar No. 129049)
dorian.daley@oracle.com
DEBORAH K. MILLER (Bar No. 95527)
deborah.miller@oracle.com
MATTHEW M. SARBORARIA (Bar No. 211600)
matthew.sarboraria@oracle.com
500 Oracle Parkway
Redwood City, CA 94065
Telephone: (650) 506-5200 / Facsimile: (650) 506-7114
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 the Java programming language is distinct from the Java
APIs and class libraries.
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3. 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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4. 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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5. 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:
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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