The case management hearing in Oracle v. Google has been changed to June 20 at 11 AM. It was set for June 21, but Oracle's lawyer had a conflict. So if you were planning to go, reset your calendar. I'm thinking perhaps that's when we'll find out how the judge plans to handle the damages on the 9 lines that were mistakenly put in Android by their original author (who had then donated them to Java and been thanked for them) and the test files that never made it into Android that a contractor copied contrary to Google's instructions. Yes, friends, that's all there is to it.
And the judge has ordered the lawyers to pay Dr. James Kearl, the neutral technical adviser to the court, prior to the hearing. I'd only be guessing if I told you why that was necessary, or even if it was. This judge, as you've seen, likes to run a tight ship. But since both sides
objected to Dr. Kearl's report and he never took the stand when it turned out there would not be a damages phase, maybe there was the hint of a perception in the air that it might not be at the top of anyone's To Do list.
No matter how I do the damages math, Oracle is in the red big time on this litigation. And Google, although it won, is still out millions to achieve it. Maybe that's why the judge is making sure Dr. Kearl gets paid. It's got to hurt. What a waste, when you think this money could have been spent on products for you and me, their customers, who in the end have to pay for everything, if you really think about it.
Here are the filings:
Here's the order on resetting the hearing:
06/05/2012 - 1206 - ORDER
REGARDING DR. JAMES KEARL. Signed by Judge Alsup on June 5, 2012.
(whalc1, COURT STAFF) (Filed on 6/5/2012) (Entered: 06/05/2012)
06/05/2012 - 1207 -
STIPULATION WITH PROPOSED ORDER re Set/Reset Hearings Regarding Case
Management Conference filed by Oracle America, Inc.. (Jacobs, Michael)
(Filed on 6/5/2012) (Entered: 06/05/2012)
06/05/2012 - 1208 - ORDER GRANTING STIPULATION by Hon. William Alsup
granting 1207 Stipulation.(whalc1, COURT STAFF) (Filed on 6/5/2012)
06/05/2012 - Set/Reset Hearing re 1204 Order Case Management
Conference set for 6/20/2012 11:00 AM in Courtroom 8, 19th Floor, San
Francisco. (whalc1, COURT STAFF) (Filed on 6/5/2012) (Entered: 06/05/2012)
WHEREAS, the Court has scheduled a case management conference on June 21, 2012, at 11 a.m.;
WHEREAS, lead counsel for Oracle has a conflicting obligation in another case on that day; and
WHEREAS, the parties are both available for a case management conference on June 20, 2012, at 11 a.m., which date and time the Deputy Clerk has indicated is available on the Courtís calendar;
NOW THEREFORE THE PARTIES HEREBY STIPULATE AND AGREE as follows:
1. The case management conference scheduled for June 21, 2012, at 11 a.m. shall be rescheduled for June 20, 2012, at 11 a.m.
The foregoing stipulation is approved, and IT IS SO ORDERED.
Honorable William Alsup
Judge of the United States District Court