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Oracle v. Google - No Reconsideration for Oracle |
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Friday, October 07 2011 @ 08:00 AM EDT
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Just as quickly as Oracle served up its précis letter [PDF; text] requesting permission to file a motion to reconsider, Judge Alsup has swatted it back across the net with a passing shot [486 (PDF; text)]. Too little (did not show good cause) and too late (not timely). So the limits are set on Oracle's infringement contentions.
In the only other filing of the day [487 (PDF; text)] the parties stipulated to new deadlines in preparation for trial.
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Docket
486 – Filed and Effective: 10/05/2011
ORDER
Document Text: ORDER DENYING PRECIS REQUEST re 479 Letter filed by Oracle America, Inc.. Signed by Judge Alsup on October 5, 2011. (whalc1, COURT STAFF) (Filed on 10/5/2011) (Entered: 10/05/2011)
487 – Filed and Effective: 10/05/2011
ORDER
Document Text: STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO FILE CERTAIN PRE-TRIAL MATERIALS by Google Inc. (Kamber, Matthias) (Filed on 10/5/2011) (Entered: 10/05/2011)
488 – Filed and Effective: 10/06/2011
ORDER
Document Text: ORDER REGARDING ATTENDANCE AT FINAL PRETRIAL CONFERENCE. Signed by Judge Alsup on October 5, 2011. (whalc1, COURT STAFF) (Filed on 10/5/2011) (Entered: 10/05/2011)
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Documents
486
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
ORACLE AMERICA, INC.,
Plaintiff,
v.
GOOGLE INC.,
Defendant.
No. C 10-03561 WHA
ORDER DENYING
PRÉCIS REQUEST
Oracle America, Inc. “request[s] leave to file a motion for reconsideration of the
‘Section 1 — Accused Products’ portion of the Court’s Order partially granting Google’s motion
to strike portions of Prof. Mitchell’s report (Dkt. No. 464), or in the alternative, to supplement
Oracle’s infringement contentions as to accused products” (Dkt. No. 479). Google Inc. opposes
this request (Dkt. No. 485). It is DENIED.
First, Oracle has not shown good cause for reconsideration. Civil Local Rule 7-9
enumerates three permissible grounds for reconsideration, including “[t]he emergence of new
material facts or a change of law occurring after the time of such order” (emphasis added).
Oracle “submits that new material law exists in that the Court’s ruling does not distinguish
between the infringement contention requirements for a party’s infringement and for indirect
infringement” (Dkt. No. 479 at 1). Oracle, however, identifies no new law that emerged after the
order issued on September 26, 2011. Oracle acknowledges that the applicable version of the
Patent Local Rules went into effect in December 2009, and Oracle cites no new decision
interpreting those rules. Instead, Oracle simply offers its own interpretation of the Patent Local
Rules, arguing that the disclosure requirements are more lax for allegations of indirect versus
direct infringement. Oracle could have, but did not, make this argument in opposition to
Google’s motion to strike. A new, untimely argument by the losing party is not a permissible
ground for reconsideration.
Second, Oracle will not be allowed to amend its infringement contentions on the eve of
trial. As recounted in the September 26 order, Oracle was warned that it would not be given late
opportunities to cure defects in its disclosures. Patent Local Rule 3-6 allows amendment of
infringement contentions only “upon a timely showing of good cause” (emphasis added). The
time for amending infringement contentions has long passed.
IT IS SO ORDERED.
Dated: October 5, 2011.
/s/ William Alsup
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
2
488
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
ORACLE AMERICA, INC.,
Plaintiff,
v.
GOOGLE INC.,
Defendant.
No. C 10-03561 WHA (DMR)
STIPULATION AND
ORDER TO EXTEND TIME TO
FILE CERTAIN PRE-TRIAL
MATERIALS
Judge: Honorable William Alsup
STIPULATION
WHEREAS, pursuant to the Court’s scheduling order, the parties are to file the joint
pretrial order, joint jury instructions, joint special verdict forms, joint proposed voir dire
questions, motions in limine, joint exhibit list, witness lists, and trial briefs on October 7, 2011;
WHEREAS, the parties have been meeting and conferring in an attempt to work out their
differences in the various components of the filing;
WHEREAS, the parties have been successful in resolving some of their differences, and
anticipate that further differences could be resolved and areas of dispute narrowed with additional
time to meet and confer on the issues, thereby reducing the number of disputed issues to be
resolved at the pre-trial conference;
WHEREAS, the Court has indicated that the pre-trial conference that was scheduled for
October 17, 2011, will be moved to the afternoon of October 24, 2011; and
WHEREAS, the parties acknowledge and agree that a limited extension of time to file
certain of the pre-trial materials will not affect, delay, or push back any other deadlines in this
case.
NOW THEREFORE THE PARTIES HEREBY STIPULATE AND AGREE that:
- The parties will continue to meet and confer over the next several days to resolve
issues that can be resolved and narrow areas of dispute, and thereafter file the joint pretrial order,
joint jury instructions, joint special verdict forms, joint proposed voir dire questions, and trial
briefs on October 12, 2011.
- The joint exhibit list, motions in limine and oppositions, and witness lists will be
filed as scheduled on October 7, 2011.
- No other deadlines in this case will be affected by the foregoing extensions. The
parties will not use these extensions to argue for a delay of the trial date or any other deadlines in
this case.
1
ORDER
The foregoing stipulation is approved, and IT IS SO ORDERED.
Date: October 6, 2011
/s/William Alsup
Honorable William Alsup
Judge of the United States District Court
[Attorneys not listed on proposed order]
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Authored by: Anonymous on Friday, October 07 2011 @ 08:20 AM EDT |
Some months back there was a discussion concerning the speed
of light.
In that discussion I asserted that the speed of light could
possible be exceeded because physics has no theory of time.
Those who disageed may have interest in the following.
Gone in 60 nanoseconds
http://www.washingtonpost.com/opinions/gone-in-60-
nanoseconds/2011/10/06/gIQAf1RERL_story.html
[ Reply to This | # ]
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- Hey, wait a minute! - Authored by: Ian Al on Saturday, October 08 2011 @ 04:43 AM EDT
- Read the article! - Authored by: stegu on Saturday, October 08 2011 @ 05:05 AM EDT
- Read the article! - Authored by: MadTom1999 on Saturday, October 08 2011 @ 08:42 AM EDT
- Read the article! - Authored by: Tufty on Saturday, October 08 2011 @ 01:07 PM EDT
- Link - Authored by: stegu on Saturday, October 08 2011 @ 06:46 PM EDT
- Link - Authored by: Tufty on Saturday, October 08 2011 @ 11:17 PM EDT
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Authored by: SteveRose on Friday, October 07 2011 @ 08:23 AM EDT |
Use the title please
e.g. rite -> right
---
The bars I'm admitted to, serve drinks. Home's Microsoft-free - I value security
and reliability, and I've watched their bad behaviour from the start.[ Reply to This | # ]
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Authored by: Kilz on Friday, October 07 2011 @ 08:24 AM EDT |
Please mention the story in the title of your post. [ Reply to This | # ]
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Authored by: SteveRose on Friday, October 07 2011 @ 08:25 AM EDT |
Please stay off-topic in this thread
---
The bars I'm admitted to, serve drinks. Home's Microsoft-free - I value security
and reliability, and I've watched their bad behaviour from the start.[ Reply to This | # ]
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Authored by: SteveRose on Friday, October 07 2011 @ 08:30 AM EDT |
Comes contributions go here please.
Preferably use Plain Old Text mode to post HTML markup, to
make things easier for PJ and Mark (to copy/paste).
---
The bars I'm admitted to, serve drinks. Home's Microsoft-free - I value security
and reliability, and I've watched their bad behaviour from the start.[ Reply to This | # ]
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Authored by: complex_number on Friday, October 07 2011 @ 08:35 AM EDT |
Second, Oracle will not be allowed to amend its infringement
contentions on the eve of trial. As recounted in the September 26 order, Oracle
was warned that it would not be given late opportunities to cure defects in its
disclosures. Patent Local Rule 3-6 allows amendment of infringement contentions
only “upon a timely showing of good cause” (emphasis added). The time for
amending infringement contentions has long passed.
Ouch!
Swatted down like a fly.
It will get interesting if they try to get
these included on the sly during the trial. Let's hope that the Google team (as
well as the Judge) are on the ball here...
--- Ubuntu & 'apt-get' are
not the answer to Life, The Universe & Everything which is of course, "42" or is
it 1.618?
[ Reply to This | # ]
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Authored by: Anonymous on Friday, October 07 2011 @ 11:23 AM EDT |
It would be better if one could volunteer and show us exactly how Oracle was
trying to change its claims. If put in table form i.e. with columns 'prior' and
'now' would even be better.
IANAL but Oracle would have convinced me. Their argument seemed quite
persuasive, though in challenging Oracle, Google were not that 'wrong' either. I
guess being a judge is a tough job.[ Reply to This | # ]
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