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Oracle v. Google - Moving the Case Along
Thursday, February 02 2012 @ 08:50 AM EST

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:

DateFiling Due
February 3, 2012Dr. Cockburn's Third Damages Report on behalf of Oracle
February 14, 2012Google Response on Patent Marking
February 17, 2012Latest date for Google to file Response to Third Cockburn Damages Report as well as any related Daubert motion
February 17, 2012Oracle Response to Google Assertions on Patent Marking
February 21, 2012Joint Submission on Patent Marking Stipulations
February 24, 2012Latest date for Oracle to file any Daubert motion in response to Google's Cockburn Response
March 9, 2012Opening Briefs on Copyright Issues
March 16, 2012Joint Filing on the matter of Oracle reimbursements to Google
March 19, 2012Earliest day for trial to commence per Final Pretrial Order
March 23, 2012Response 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.


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

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)


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

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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