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:
|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.
708 – Filed and Effective: 2/1/2012
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)
IN THE UNITED STATES DISTRICT COURT
ORACLE AMERICA, INC.,
FOR THE NORTHERN DISTRICT OF CALIFORNIA
No. C 10-03561 WHA
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
UNITED STATES DISTRICT JUDGE