"Oracle America, Inc. will submit a damages report
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.
in accordance with the terms set forth in the
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.]
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.
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.
703 - Filed and Effective: 01/24/2012
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)
UNITED STATES DISTRICT COURT
ORACLE AMERICA, INC.
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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).
Dated: January 24, 2012
BOIES, SCHILLER & FLEXNER LLP
By: /s/ Steven C. Holtzman
Steven C. Holtzman
Attorneys for Plaintiff
ORACLE AMERICA, INC.