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Oracle v. Google - Oracle to Produce Third Attempt at Damages Report
Wednesday, January 25 2012 @ 01:30 AM EST

"Oracle America, Inc. will submit a damages report
in accordance with the terms set forth in the Court’s Order."

With that short statement [PDF] Oracle advised the court today that it will undertake a third attempt to produce a satisfactory damages report and that it will do so in compliance with the orders of the court. I have no doubt they will produce the report. Whether they will be able to restrain themselves in the manner directed by the court remains to be seen. If past history is any indication, don't hold your breath.

Reviewing the court's directive, this third damages report from Dr. Cockburn is to comply with the following conditions:

1. His [Dr. Cockburn's] full revised report, together with all supporting material, must be served no later than NOON ON FEBRUARY 3, 2012. He may revise only those items stricken by the recent order and the studies referred to in paragraph 4 below. [The sections of the Cockburn second damages report that were stricken are: apportionment and calculations based on apportionment (including patent damages and copyright lost license fee); references to the $400 million in patent damages through the end of 2012; references to the value of each patent; references to copyright lost licensee fee; and references regarding past licenses involving Nokia, Qualcomm, and Apple.]

2. Within seven calendar days after service of the revised report [February 10, 2012], Dr. Cockburn may be deposed by Google’s counsel for seven hours.

3. Dr. Cockburn may strengthen and revise the "econometric" and "conjoint" studies in his revised report as well as the items already stricken, to be done on the same schedule above, namely no later than February 3 at noon.

4. All fees and expenses reasonably incurred by Dr. Kearl (the court retained damages expert) in responding to the revisions by Dr. Cockburn shall ultimately be borne by Oracle, as follows: Dr. Kearl shall track his time in such a way as to make this segregation possible. Dr. Kearl shall continue to divide his billings as before and Google shall continue to pay its share to him, but Google may demand and recover prompt reimbursement from Oracle for the portion identified by Dr. Kearl as attributable to Dr. Cockburn’s third report.

5. All attorney’s fees, expert fees, and other expenses reasonably incurred by Google as a result of allowing a third damages study by Oracle, including all expense and time discussed above, shall be reimbursed by Oracle. Google shall track such items separately and invoice them to Oracle within 14 calendar days of the close of a calendar month and Oracle shall pay them within another 14 calendar days. These reimbursement amounts shall not be recoverable costs that Oracle may recover back in the event it prevails in this action.

6. The extent of which Dr. Cockburn may be impeached at trial by his track record of rejected methodologies will be decided between Phase Two and Phase Three. At this late hour, Oracle may not substitute a different damages expert or add a different damages expert. Except as above authorized, Dr. Cockburn may not make further revisions.

So in ten days we will see if Oracle's expert and legal counsel can do what they have been unable (or unwilling) to do for the past eight months.


**************

Docket

703 - Filed and Effective: 01/24/2012
RESPONSE
Document Text: RESPONSE to re 702 Order, ORACLE AMERICA, INC.S RESPONSE TO COURT ORDER OF JANUARY 20, 2012 702 by Oracle America, Inc.. (Holtzman, Steven) (Filed on 1/24/2012) (Entered: 01/24/2012)


*************

Document

703

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

ORACLE AMERICA, INC.
Plaintiff,
v.
GOOGLE, INC.
Defendant.

Case No. CV 10-03561 WHA

ORACLE AMERICA, INC.’S RESPONSE
TO COURT ORDER OF JANUARY 20,
2012 [DKT. NO. 702]

Dept.: Courtroom 8, 19th Floor
Judge: The Honorable William Alsup

Oracle America, Inc. will submit a damages report in accordance with the terms set forth in the Court’s Order (Dkt. No. 702).

Respectfully submitted,

Dated: January 24, 2012

BOIES, SCHILLER & FLEXNER LLP

By: /s/ Steven C. Holtzman
Steven C. Holtzman

Attorneys for Plaintiff
ORACLE AMERICA, INC.

1


  


Oracle v. Google - Oracle to Produce Third Attempt at Damages Report | 220 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Not much choice in the matter
Authored by: Anonymous on Wednesday, January 25 2012 @ 01:54 AM EST
IMHO Oracle was basically forced to make a third report, otherwise the have no
reason to be in court (de minimus damages, anyone?). The cost is just part of
the litigation purse, and if they win, it's more than paid back. Not that I
expect this...

OTOH, they should not look for any sympathy from the judge if even a semi-colon
is out of place in the report. He's handed them a few extra hundred feet of rope
to hang themselves and it's their own fault if they need it. I expect this will
dog them in all future dealings with the court; disobeying the judge multiple
times tends to make His Honor testy.

[ Reply to This | # ]

Corrections Thread
Authored by: complex_number on Wednesday, January 25 2012 @ 02:05 AM EST
Please show the before & after versions. This helps Mark or PJ make the
change(s).



---
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 | # ]

News Picks discussion Thread
Authored by: complex_number on Wednesday, January 25 2012 @ 02:07 AM EST
Please us a clicky to reference the article.

If you do use a link, don't forget to change the post mode to 'HTML'.



---
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 | # ]

Off Topic Thread
Authored by: complex_number on Wednesday, January 25 2012 @ 02:09 AM EST
No on topic posts please.
Also, try to follow the posting rules in respect of language and politics.


---
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 | # ]

Comes Thread
Authored by: complex_number on Wednesday, January 25 2012 @ 02:11 AM EST
Keep up the work of transcribing the documents.
Use the 'Comes' link on the LH panel to reserve the documents for
transcription.


---
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 | # ]

I can help, Billions and Billions
Authored by: kawabago on Wednesday, January 25 2012 @ 04:55 AM EST
It worked for SCO for decades in the courts and in the end
those words were all it had!

[ Reply to This | # ]

Oracle will reach for the stars - again judge will cave
Authored by: Anonymous on Wednesday, January 25 2012 @ 07:54 AM EST
Silverwave nli

[ Reply to This | # ]

Is Dr. Cockburn even capable of producing a valid damages report?
Authored by: Anonymous on Wednesday, January 25 2012 @ 11:59 AM EST
Dr. Cockburn's profile web page is here. He is a professor of economics and finance at Boston University. His c.v. (resume) is linked to from this web page. Briefly scanning this, I only see two items relating to computer science in the whole multi-page document and no computer science training. Given this background, I do not think Dr. Cockburn will be able to learn what is necessary in the two week period he has been given to produce a valid damages report, so his third attempt will fail also. I think Oracle has just shot itself in the foot by hiring the wrong damages expert. By the way, his profile web page has a interesting picture of him wearing a full Scottish uniform including a kelt and bagpipes. I think Oracle should have instead hired Dr. Cockburn to play the bagpipes at one of their company events.

[ Reply to This | # ]

As The Worm Turns
Authored by: Anonymous on Wednesday, January 25 2012 @ 12:04 PM EST

Will MoFo make BSF apologize again and do it right this time? Or has MoFo effectively been removed from the picture so that Ellison and BSF are totally in control?

If BSF has free reign, does that mean they'll push this situation like they did the evidence in the case against IBM - to the point it almost all gets tossed? Will they repeat such a mistake?

Will Ellison recognize such tactics as being totally detrimental before it's too late? Or will the Egos of Ellison and BSF completely override any sense of sanity?

Has MoFo recognized the lack of sanity and quietly left the arena?

These questions and more will be answered in future episodes of As The Worm Turns!

RAS

[ Reply to This | # ]

Oracle v. Google - Oracle to Produce Third Attempt at Damages Report
Authored by: charlie Turner on Wednesday, January 25 2012 @ 08:18 PM EST
If/when this all gets appealed, it just might be more fun to attend than the SCO
v Novell appeal!

[ Reply to This | # ]

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