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Oracle v. Google - Day 1 Filings
Monday, April 16 2012 @ 11:45 PM EDT

While the first day in court featured jury selection and Oracle's opening statement, there were a number of filings occurring at the same time. First, there were three orders from the court. The first (927 [PDF])changes the stipulated trial procedures to require more lead time when a party files a motion involving sealed material. This change was necessary to accommodate the clerk's office.

The second order (928 [PDF]) grants Oracle's very late and very untimely request to augment its exhibit list. Clearly Oracle is gaming the system here, but the Court is going to allow both sides some latitude at this early stage of the trial.

The third order (929 [PDF]) denies (without prejudice) the motions in limine of both parties. Google's motion (921 [PDF]) sought to preclude the presentation of all financial evidence regarding Android and Java. Oracle's (922 [PDF]) sought to preclude evidence regarding equitable defenses. As Google had suggested, the Court concurred that Oracle's motion resembled a partial motion for summary judgment that grossly overreached.

Tuesday will start off with Google's opening statement. Then the parties will begin putting on evidence. At this juncture the initial witness lists of the respective parties are:

Oracle

1. Bloch, Joshua
2. Ellison, Larry
3. Kurian, Thomas
4. Lee, Bob
5. Lindholm, Tim
6. Miner, Rich (by video)
7. Page, Larry (live and by video)
8. Reinhold, Mark
9. Screven, Edward
10. Swetland, Brian

Google

1. Josh Bloch
2. Dan Bornstein
3. Craig Gering
4. Vineet Gupta (by video)
5. Bob Lee
6. Hiroshi Lockheimer
7. Hasan Rizvi (by video)
8. Andrew Rubin
9. Eric Schmidt
10. Param Singh (by video)

Given that Oracle has already brought up the Lindholm email in its opening statement, it's not surprising to see Tim Lindholm among the earliest witnesses to be called by Oracle.

Finally, each of the parties has filed a statement of position with respect to the issues they have requested be deemed undisputed at trial. Google (933 [PDF]), which has already received a concurrence from the Court on two of its three requests, says at least they stuck with items which are truly undisputed unlike Oracle which is trying to suggest that items truly in dispute are not, such as Sun requiring field-of-use restrictions on the Apache Harmony License. Oracle, of course, says not so (934 [PDF]), that it is only identifying as undisputed that which Google has already admitted in other pleadings. Of course, we are talking about Oracle's interpretation of what Google "admitted." More fun for Judge Alsup.

Now for Day Two.


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

Docket

04/16/2012 - 927 - ORDER AMENDING STIPULATED TRIAL PROCEDURES re 890 Order on Stipulation. Signed by Judge Alsup on April 16, 2012. (whalc1, COURT STAFF) (Filed on 4/16/2012) (Entered: 04/16/2012)

04/16/2012 - 928 - ORDER GRANTING ORACLE'S MOTION TO AUGMENT EXHIBIT LIST by Hon. William Alsup granting 907 Motion augment exhibit list.(whalc1, COURT STAFF) (Filed on 4/16/2012) (Entered: 04/16/2012)

04/16/2012 - 929 - ORDER REGARDING APRIL 16 MOTIONS IN LIMINE by Hon. William Alsup denying without prejudice 921 922 .(whalc1, COURT STAFF) (Filed on 4/16/2012) (Entered: 04/16/2012)

04/16/2012 - 930 - Minute Entry: Jury Trial began on 4/16/2012 before William Alsup (Date Filed: 4/16/2012), Jury Selection held on 4/16/2012 before William Alsup (Date Filed: 4/16/2012). (Court Reporter Kathy Sullivan; Debra Pas.) (dt, COURT STAFF) (Date Filed: 4/16/2012) (Entered: 04/16/2012)

04/16/2012 - 931 - Witness List by Google Inc. Rolling List of Next Ten Witnesses. (Van Nest, Robert) (Filed on 4/16/2012) (Entered: 04/16/2012)

04/16/2012 - 932 - Witness List by Oracle America, Inc. Rolling List of Next Ten Witnesses. (Muino, Daniel) (Filed on 4/16/2012) (Entered: 04/16/2012)

04/16/2012 - 933 - Statement RE THE IMPORT OF FACTS DEEMED UNDISPUTED FOR TRIAL by Google Inc.. (Van Nest, Robert) (Filed on 4/16/2012) (Entered: 04/16/2012)

04/16/2012 - 934 - Statement ORACLES STATEMENT REGARDING MOTIONS TO DEEM ISSUES UNDISPUTED by Oracle America, Inc.. (Holtzman, Steven) (Filed on 4/16/2012) (Entered: 04/16/2012)


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