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| Motion Hearing Today in Oracle v. Google ~pj |
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Thursday, May 03 2012 @ 01:52 PM EDT
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There is a hearing today on Oracle's Motion to Strike at 11 California time. Just so you know. It's in Docket #1055, which reads:
This order supersedes the prior order regarding Oracle’s motion to strike the reports of Dr. James Kearl and Dr. Alan Cox (Dkt. No. 1054). Instead, Oracle’s motion is hereby set for hearing at 11:00 A.M. TODAY. The parties shall bring all relevant documents to today’s hearing, including Andy Rubin’s deposition, Dr. Alan Cox’s report, Dr. James Kearl’s report, and the excel document “Android PnL_through_Aug20.xls”, and any other P&L statement relied on by Dr. Cox. I saw the media on Twitter puzzled over what's happening with all the lawyers. That's what is happening. A lot is going on, with motions flying, while the jury is out deliberating. Mark Webbink has that covered in today's coverage on Groklaw, including the motion at issue.
If anybody in the media wants to know how to access and get the documents being filed, please email me and I'll give you a hand. Or just go
here and follow the instructions.
Also the two sides agree that if a verdict is returned today or tomorrow, "the parties have no objection to starting the Phase 2 on Monday, May 7". They probably want to get some sleep. And the jury may be exhausted too. But we'll see what the judge says. His battery never seems to run down.
Meanwhile, Caleb Garling has tweeted that the jury sent in another question, this one about de minimis. Remember I told you that the questions, to me, indicated simply that they are going down the list, piece by piece? I personally wouldn't read any other significance to the questions. [ Update: Also the judge has now agreed to give them time off if they reach a verdict today or tomorrow. If that happens, then they'll be told about the time off until Monday. He doesn't want them to be induced to finish early just to rest. All this from Brandon Bailey on Twitter. Here's the docket with the PDFs:
1053 -
Filed & Entered: 05/02/2012
RESPONSE to re [1050] Order Joint Reponse to Notice Re Second Phase of Trial by Google Inc., Oracle America, Inc.. (Peters, Marc) (Filed on 5/2/2012)
1054 -
Filed & Entered: 05/03/2012
*** PLEASE IGNORE. SUPERSEDED BY [1055] *** ORDER REGARDING MOTION TO STRIKE REPORTS OF DR. COX AND DR. KEARL. Signed by Judge Alsup on May 3, 2012. (whalc1, COURT STAFF) (Filed on 5/3/2012) Modified on 5/3/2012 (whalc1, COURT STAFF).
1055 -
Filed & Entered: 05/03/2012
SUPERSEDING ORDER REGARDING ORACLES RENEWED MOTION TO STRIKE. Signed by Judge Alsup on May 3, 2012. (whalc1, COURT STAFF) (Filed on 5/3/2012)
1056 -
Filed & Entered: 05/03/2012
ORDER GRANTING MOTION TO SEAL (Dkt. No. 1039) by Hon. William Alsup [granting [1039] Administrative Motion to File Under Seal].(whasec, COURT STAFF) (Filed on 5/3/2012)
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| Authored by: Anonymous on Thursday, May 03 2012 @ 02:03 PM EDT |
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| Authored by: bugstomper on Thursday, May 03 2012 @ 02:06 PM EDT |
Please summarize correction error->correction or s/error/correction/ in Title
box[ Reply to This | # ]
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| Authored by: bugstomper on Thursday, May 03 2012 @ 02:08 PM EDT |
Please stay off topic here. No xls format spreadsheets in this thread, but ods
is fine.[ Reply to This | # ]
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| Authored by: bugstomper on Thursday, May 03 2012 @ 02:10 PM EDT |
News Picks discussions go here. Please put the title of the article in the Title
box and a clicky link to the article in the comment.[ Reply to This | # ]
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| Authored by: feldegast on Thursday, May 03 2012 @ 02:18 PM EDT |
| https://twitter.com/#!/Feldegast -
--
IANAL
My posts are ©2004-2012 and released under the Creative Commons License
Attribution-Noncommercial 2.0
P.J. has permission for commercial use. [ Reply to This | # ]
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- Tweets from the courtroom - Authored by: feldegast on Thursday, May 03 2012 @ 02:43 PM EDT
- Tweets from the courtroom - Authored by: feldegast on Thursday, May 03 2012 @ 02:46 PM EDT
- Tweets from the courtroom - Authored by: feldegast on Thursday, May 03 2012 @ 02:55 PM EDT
- More depositions to come! - Authored by: feldegast on Thursday, May 03 2012 @ 02:56 PM EDT
- Fair and Impartial? Yeah, right. - Authored by: Anonymous on Thursday, May 03 2012 @ 03:39 PM EDT
- At least the jury seem to be taking this seriously - Authored by: Anonymous on Thursday, May 03 2012 @ 04:30 PM EDT
- Tweets from the courtroom - Authored by: tqft on Thursday, May 03 2012 @ 04:56 PM EDT
- Judge Alsup asks for briefing re: European court decision on software (copyright) - Authored by: feldegast on Thursday, May 03 2012 @ 04:56 PM EDT
- Tweets from the courtroom - Authored by: jvillain on Thursday, May 03 2012 @ 05:07 PM EDT
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| Authored by: Guil Rarey on Thursday, May 03 2012 @ 02:19 PM EDT |
The .PnL part of the file title makes me thing this is a financial document - a
profit and loss statement.
Accountants use Excel. They all use Excel and I've never met anyone in the last
10 years who didn't. (When Lotus 1-2-3 was a viable option is a different
story). Open-source sensibilities notwithstanding, this is a de facto standard
within that profession.
---
If the only way you can value something is with money, you have no idea what
it's worth. If you try to make money by making money, you won't. You might con
so[ Reply to This | # ]
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| Authored by: bugstomper on Thursday, May 03 2012 @ 02:24 PM EDT |
Please post your transcriptions of Comes exhibits here with full HTML markup but
posted in Plain Old Text format so PJ can copy and paste it.
[ Reply to This | # ]
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| Authored by: Anonymous on Thursday, May 03 2012 @ 02:27 PM EDT |
Judge Alsup has made it clear to the press reporters that the jury doesn't know
about his intention to give them tomorrow off, if they reach a verdict today
(thursday).
It still reminds me of the phrase "time off for good behaviour",
though =)
He might also have a practical reason... if they deliver a verdict this
afternoon, then it might not be great to dive into the patent stuff for 1 day
and then have a 2-day weekend. By waiting until monday, they will be able to
start fresh on the patent stuff and hear several days in a row of testimony etc.[ Reply to This | # ]
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| Authored by: Anonymous on Thursday, May 03 2012 @ 03:02 PM EDT |
I read that and thought Oracle was going on strike.
I had this wonderful image in my head of Oracle employees striking in protest
at their company being a complete and utter idiot.
Then I kept reading. Was very dissappointed.[ Reply to This | # ]
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| Authored by: IMANAL_TOO on Thursday, May 03 2012 @ 03:04 PM EDT |
Is the Judge really handling this situation?
To me it seems he is deep water, logistically.
The running in and out of the court-room doesn't sound like the Judge from a few
days ago who didn't tolerate type-writers in the court room.
To me it sounds more like Abbott & Costello.
It would be interesting to hear from those who have actually been in the
courtroom. Is it calm or just hectic, as it seems to be.
---
______
IMANAL
.[ Reply to This | # ]
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| Authored by: Anonymous on Thursday, May 03 2012 @ 05:22 PM EDT |
The European court ruling gives plenty of reason to suspect that the
copyrightability of APIs may be different in different jurisdictions.
Wouldn't damages be confined to actions taken in jurisdictions where the action
is considered infrining? Ie, if my Canadian arm manufacturers and distributes
sheet music which is not under copyright in Canada, but is in the US, the owner
of the copyright in the US should not be able to sue me over actions taken in a
jurisdiction where they are legal.
As a result, wouldn't a US court only be able to consider Android-related
revenue deriving from manufacturing or sale in the US?[ Reply to This | # ]
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| Authored by: Anonymous on Thursday, May 03 2012 @ 05:26 PM EDT |
It's interesting to see that this judge seems to be aware both of tweets and the
news coverage of this case.
Although I see some people fretting about what might happen, I think this
implies that he is a smart judge who will think carefully about the impact of
his decisions and who will do his best to come to a fair ruling.
I certainly have my own biases: I worry about API copyrightability opening a
huge can of worms and yet another flood of copyright troll litigation, drowning
our courts and I absolutely think that Google did nothing wrong here. But I
understand that the judge has to come up with a ruling on this case's merits as
well, doing his best to be fair. And if anyone can make it work, I think this
guy can. He has a better grasp of technology than most.[ Reply to This | # ]
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| Authored by: Gringo_ on Thursday, May 03 2012 @ 07:18 PM EDT |
So we are getting tweets that the jury is wondering what
happens if they
can't agree. The judge says it would have to
be retried. From what I read, it
seems Google would prefer
they keep trying - seems to fear retrial perhaps,
whereas
Oracle's lawyers less concerned. Even if I don't have it
exactly
right, it is not important to what I am about to
suggest, but I think in the
event of a retrial, Google could
now present a much better case.
As we
have been discussing it among ourselves, ISTM the
evidence is each time more
clearly in favour of Google. I
think there are just so many things Google could
do better
second time around, whereas Oracle's hand would be weaker.
All they
had was bluff and bluster, and we have poked holes
in all their arguments. [ Reply to This | # ]
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