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Oracle v. Google - Court to Hold Hearing on Third Damages Report
Thursday, March 01 2012 @ 03:15 PM EST

This just in from the court - there will be a hearing on Google's motion to exclude Dr. Cockburn's third damages report next Wednesday. (756 [PDF; Text]) Really hope the good judge doesn't strain his back bending over backwards trying to accommodate Oracle's failure to listen to his instructions on preparing this third damages report.

We would love to get a first-hand description of the hearing. If we have any readers who would be available to attend this hearing, please let us know. You should expect the hearing to last all morning. The hearing will be at 7:30 a.m., in courtroom 8, 19th floor, 450 Golden Gate Avenue San Francisco.

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

Docket

03/01/2012 - 756 - ORDER SETTING DAUBERT HEARING. Signed by Judge Alsup on March 1, 2012. (whalc1, COURT STAFF) (Filed on 3/1/2012) (Entered: 03/01/2012)


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

Document

756

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 SETTING
DAUBERT HEARING

____________________________________

A hearing on Google’s motion to exclude Dr. Ian Cockburn’s third damages report will begin at 7:30 A.M. ON WEDNESDAY,MARCH 7. It will likely last several hours. In due course, the Court will provide guidance as to some issues that should be addressed. Please do not ask for a continuance as there are many excellent lawyers on both sides capable on addressing the issues. Dr. Cockburn must attend. He may be asked to testify. Dr. James Kearl may attend if he wishes but his attendance is not compulsory.

IT IS SO ORDERED.

Dated: March 1, 2012.

/s/ William Alsup
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE


  


Oracle v. Google - Court to Hold Hearing on Third Damages Report | 154 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections thread
Authored by: nsomos on Thursday, March 01 2012 @ 03:51 PM EST
Please post any corrections to this article in this thread.
A summary in the title may be helpful.

I guess that excludes corrections such as ....
" Oracle should never have sued! "

[ Reply to This | # ]

The Off Topic thread
Authored by: ais523 on Thursday, March 01 2012 @ 03:57 PM EST
To talk about things unrelated to the subject of this article. Remember to make
your links clickable; there are instructions below the comment box. (Don't
forget to set the post mode to HTML!)

[ Reply to This | # ]

Oracle v. Google - Court to Hold Hearing on Third Damages Report
Authored by: webster on Thursday, March 01 2012 @ 03:59 PM EST
.

It would seem that Dr. Cockburn's initial damages report encompassed all patent
claims then extant. He obviously apportioned great value to these claims.

Many of the patent claims previously valued are now gone. This would cast doubt
on the value of the remaining claims.

He should be asked to apportion and deflate some vanishing value on the
vanishing claims. Also what impact dubiousness has on the value of any
remaining patent claims.

One can fashion some marvelous hypotheticals for him. As an expert he can
answer such questions.

Since he is the only witness required, he is the only one that must do some
'splainin'. The Good Dr. C is thrilled. He gets to charge a few dozen more
hours. He will remain ever erudite on the stand no matter what. That
mountaintop cabin will soon be a reality thanks to all parties.

This is not a hearing Oracle wants. It is not their issue. They only stand to
lose ground. They should try and take up the other side's time and let the
judge fumble around without as much Google input. They should just repeat their
copyright API's but not so much as to risk enlightening the judge.

.

[ Reply to This | # ]

News pick threads
Authored by: jbb on Thursday, March 01 2012 @ 04:33 PM EST
Please add a clickable link to the news pick and put the title in your title. If your topic is not already a news pick you can email your suggestion to PJ or post it under off topic.

---
Shirky Principle: Institutions will try to preserve the problem to which they are the solution.

[ Reply to This | # ]

Comes transcribing
Authored by: jbb on Thursday, March 01 2012 @ 04:34 PM EST
Thank you for your help.



---
Shirky Principle: Institutions will try to preserve the problem to which they
are the solution.

[ Reply to This | # ]

What happens if the damages report is excluded?
Authored by: jbb on Thursday, March 01 2012 @ 04:39 PM EST
Or what happens if it just gets ripped to shreds by the judge? How big an impact will that have on Oracle's case and what can they expect to gain by continuing? Would it still be worthwhile for them to take this to trial? Would it affect a possible settlement?

---
Shirky Principle: Institutions will try to preserve the problem to which they are the solution.

[ Reply to This | # ]

Sanctions?
Authored by: mtew on Thursday, March 01 2012 @ 06:46 PM EST
Could the requirement that Dr. C attend be a prelude to his being sanctioned?

---
MTEW

[ Reply to This | # ]

Really hope the good judge doesn't strain his back bending over backwards
Authored by: SilverWave on Friday, March 02 2012 @ 12:47 AM EST
Exactly.

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | # ]

Please do not ask for a Continuance...
Authored by: complex_number on Friday, March 02 2012 @ 01:37 AM EST
Is this a sign that the Judge is getting a tad fed up with Oracle?
IANAL etc but it seems to me that the 'order' by the court really puts Oracle on
the spot and wants this over and done with once and for all.

I wish I could be there. This sounds rather interesting.

---
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 | # ]

At what point does Oracle's FUDgun start to hit Oracle's foot?
Authored by: mcinsand on Friday, March 02 2012 @ 09:22 AM EST
If I had a dollar for every reference here to the similarity between SCOX and
Oracle, I could have a decent vacation (maybe), and I can't help wonder when
this hits the phase of the shills going quiet. More importantly, when does this
start to sink in with Oracle's stockholders? Oracle's performance in this stage
of the lawsuit says everything about Oracle's competence as a tech company, from
their assessments of the technology value and scope, understanding of the
technology, and ability to conduct themselves in litigation. They have replaced
SCOX as the Keystone Cops of the computer world.

[ Reply to This | # ]

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