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Oracle v. Google - Moving the Case Along |
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Thursday, February 02 2012 @ 08:50 AM EST
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Just because the Oracle v. Google case has not been set for trial (and won't be until at least the time at which Oracle provides its third attempt at a damages report) does not mean the court can't move the case along, and that is what Judge Alsup has done with his latest order. In an attempt to narrow the issues to be argued at trial, Judge Alsup's latest order (708 [PDF; Text]) focuses on the copyright issues and directs the parties to provide opening briefs in which they identify each remaining claim of copyright liability and the affirmative defenses to each such claim. In addition, the parties are to identify those issues that should be resolved by the court and those underlying facts that first need to be decided by the jury.
This order adds to a somewhat lengthy litany of filings due from each party under various orders in effect at this time. The timeline for those responses is:
Date | Filing Due |
February 3, 2012 | Dr. Cockburn's Third Damages Report on behalf of Oracle |
February 14, 2012 | Google Response on Patent Marking |
February 17, 2012 | Latest date for Google to file Response to Third Cockburn Damages Report as well as any related Daubert motion |
February 17, 2012 | Oracle Response to Google Assertions on Patent Marking |
February 21, 2012 | Joint Submission on Patent Marking Stipulations |
February 24, 2012 | Latest date for Oracle to file any Daubert motion in response to Google's Cockburn Response |
March 9, 2012 | Opening Briefs on Copyright Issues |
March 16, 2012 | Joint Filing on the matter of Oracle reimbursements to Google |
March 19, 2012 | Earliest day for trial to commence per Final Pretrial Order |
March 23, 2012 | Response Briefs on Copyright Issues |
Of course, this timetable is incomplete because it does not provide a date by which the court's damages expert will produce his report. As such, the case remains a moving target.
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Docket
708 – Filed and Effective: 2/1/2012
ORDER
Document Text: ORDER REGARDING COPYRIGHT ISSUES. Signed by Judge Alsup on February 1, 2012. (whalc1, COURT STAFF) (Filed on 2/1/2012) (Entered: 02/01/2012)
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Document
708
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 REGARDING
COPYRIGHT ISSUES
____________________________________
To help frame copyright issues, this order requests that the parties each submit briefs
regarding the main copyright liability issues at trial. In the 15-page opening briefs, please
identify the remaining copyrights and the affirmative defenses for each claim of liability. Please
include briefing on the burden of proof and allocation between the judge versus jury. For issues
that should be resolved by the judge, please identify any underlying facts that first need to be
decided by the jury. Provide authoritative citations. The opening briefs are due by NOON ON
MARCH 9, 2012. Each party may submit ten-page responses. The response briefs are due by
NOON ON MARCH 23, 2012. Please, no declarations or attachments.
IT IS SO ORDERED.
Dated: February 1, 2012.
/s/ William Alsup
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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Authored by: jesse on Thursday, February 02 2012 @ 09:08 AM EST |
Thank you [ Reply to This | # ]
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Authored by: jesse on Thursday, February 02 2012 @ 09:09 AM EST |
Thank you. [ Reply to This | # ]
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Authored by: jesse on Thursday, February 02 2012 @ 09:09 AM EST |
Thank you. [ Reply to This | # ]
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Authored by: jesse on Thursday, February 02 2012 @ 09:10 AM EST |
Thank you. [ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 02 2012 @ 10:51 AM EST |
How could the case possibly begin on March 19 when the responses to the
copyright briefs are not due until March 23rd? According to the judge the first
part of the trial will deal with copyright, and you can bet that there will be
numerous issues to come out of these filings.[ Reply to This | # ]
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Authored by: scav on Thursday, February 02 2012 @ 01:59 PM EST |
He sets out the programme of entertainment so much more
clearly and with a better sense of comedic pace than Kimball
or Stuart did.
Tomorrow should be good fun, but international sales of
popcorn should *really* show a spike on the 17th ;)
---
The emperor, undaunted by overwhelming evidence that he had no clothes,
redoubled his siege of Antarctica to extort tribute from the penguins.[ Reply to This | # ]
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Authored by: cbc on Thursday, February 02 2012 @ 10:14 PM EST |
Judge Alsup has been riding fence for a while. He knows where them dogies bust
out when they get riled and where the washes are that let'em slip under the
fence. With this order, he is roping them in. Oh, and did mention the ticking
clock (as in the movie "High Noon"). Choices must be made.[ Reply to This | # ]
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