U n i t e d S t a t e s D i s t r i c t C o u r t
F o r t h e N o r t h e r n D i s t r i c t o f C a l i f o r n i a
12345678910111213141516171819202122232425262728IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF CALIFORNIAORACLE AMERICA, INC.,Plaintiff,v.GOOGLE INC.,Defendant./ No. C 10-03561 WHA
ORDER RE SCHEDULEFOR NARROWINGISSUES FOR TRIAL
Having reviewed the parties’ memoranda regarding the reexamination proceedings and thestreamlining of this action, for which counsel are thanked, the Court proposes a three-stepprocess, as below. Each side may file a five-page (double spaced, twelve-point Times NewRoman font, no footnotes, and no attachments) critique of the tentative schedule by
. After taking any critiques into account, the schedule will be finalized.Currently, there are 132 claims from seven patents asserted in this action, and there arehundreds of prior art references in play for invalidity defenses. This is too much. The followingschedule will ensure that only a triable number of these items —
three claims and eight prior art references
— are placed before the jury in October, all others to be forsaken. Oracle willsurrender all of its present infringement claims against Google based on the 129 asserted claimsthat will not be tried.
Oracle may not renew those infringement claims in a subsequent actionexcept as to new products.
Case3:10-cv-03561-WHA Document131 Filed05/03/11 Page1 of 2