Case3:10-cv-03561-WHA Document491

Filed10/07/11 Page1 of 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

MORRISON & FOERSTER LLP MICHAEL A. JACOBS (Bar No. 111664) mjacobs@mofo.com MARC DAVID PETERS (Bar No. 211725) mdpeters@mofo.com DANIEL P. MUINO (Bar No. 209624) dmuino@mofo.com 755 Page Mill Road Palo Alto, CA 94304-1018 Telephone: (650) 813-5600 / Facsimile: (650) 494-0792 BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) dboies@bsfllp.com 333 Main Street Armonk, NY 10504 Telephone: (914) 749-8200 / Facsimile: (914) 749-8300 STEVEN C. HOLTZMAN (Bar No. 144177) sholtzman@bsfllp.com 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: (510) 874-1000 / Facsimile: (510) 874-1460 ORACLE CORPORATION DORIAN DALEY (Bar No. 129049) dorian.daley@oracle.com DEBORAH K. MILLER (Bar No. 95527) deborah.miller@oracle.com MATTHEW M. SARBORARIA (Bar No. 211600) matthew.sarboraria@oracle.com 500 Oracle Parkway Redwood City, CA 94065 Telephone: (650) 506-5200 / Facsimile: (650) 506-7114 Attorneys for Plaintiff ORACLE AMERICA, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ORACLE AMERICA, INC. Plaintiff, v. GOOGLE INC. Defendant. Case No. CV 10-03561 WHA PLAINTIFFS AND DEFENDANTS FEDERAL RULE OF CIVIL PROCEDURE 26(a)(3) DISCLOSURES

PLAINTIFFS AND DEFENDANTS FED. R. CIV. P. 26(A)(3) DISCLOSURES CASE NO. CV 10-03561 WHA pa-1490561

Case3:10-cv-03561-WHA Document491-1

Filed10/07/11 Page1 of 14

Appendix A

Case3:10-cv-03561-WHA Document491-1

Filed10/07/11 Page2 of 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

MORRISON & FOERSTER LLP MICHAEL A. JACOBS (Bar No. 111664) mjacobs@mofo.com MARC DAVID PETERS (Bar No. 211725) mdpeters@mofo.com DANIEL P. MUINO (Bar No. 209624) dmuino@mofo.com 755 Page Mill Road Palo Alto, CA 94304-1018 Telephone: (650) 813-5600 / Facsimile: (650) 494-0792 BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) dboies@bsfllp.com 333 Main Street Armonk, NY 10504 Telephone: (914) 749-8200 / Facsimile: (914) 749-8300 STEVEN C. HOLTZMAN (Bar No. 144177) sholtzman@bsfllp.com 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: (510) 874-1000 / Facsimile: (510) 874-1460 ORACLE CORPORATION DORIAN DALEY (Bar No. 129049) dorian.daley@oracle.com DEBORAH K. MILLER (Bar No. 95527) deborah.miller@oracle.com MATTHEW M. SARBORARIA (Bar No. 211600) matthew.sarboraria@oracle.com 500 Oracle Parkway Redwood City, CA 94065 Telephone: (650) 506-5200 / Facsimile: (650) 506-7114 Attorneys for Plaintiff ORACLE AMERICA, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ORACLE AMERICA, INC. Plaintiff, v. GOOGLE INC. Case No. CV 10-03561 WHA PLAINTIFF ORACLES FED. R. CIV. P. 26(a)(3) WITNESS LIST

27 Defendant. 28
PLAINTIFF ORACLES FED. R. CIV. P. 26(A)(3) WITNESS LIST CASE NO. CV 10-03561 WHA pa-1486903

Case3:10-cv-03561-WHA Document491-1

Filed10/07/11 Page3 of 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiff Oracle America, Inc. (Oracle) hereby submits its witness list for both the liability and damages phases of the trial, pursuant to Fed. R. Civ. P. 26(a)(3) and the Courts Guidelines for Trial and Final Pretrial Conference in Civil Jury Cases. Oracle identifies the name, contact information, and substance of the testimony of each witness it expects to present or may present at trial, other than solely for impeachment. Pursuant to the Courts Guidelines, non-cumulative testimony is identified below in italics. I. LIVE WITNESSES Oracle expects to present live testimony from the following witnesses: Witness Bloch, Joshua Contact Information Google. Contact through Googles counsel. Substance of Trial Testimony Mr. Bloch is a Google engineer who was involved in the development of Android. He was formerly an engineer at Sun Microsystems. He is expected to testify regarding Googles development of Android and inclusion of Java technology therein; Googles copying of Java APIs into Android; the value and importance of the Java APIs; Googles copying of certain Java code into Android; Googles awareness of Suns Java intellectual property rights and the need for Google to obtain a Java license for Android; Googles Java-related discussions with Sun and Oracle; and facts relating to Googles willful patent and copyright infringement. Mr. Bornstein is a Google engineer who was involved in the development of Android. He is expected to testify regarding Googles development of Android and inclusion of Java technology therein; the functionality of the infringing components of Android, including the Dalvik virtual machine, the dexopt component, the dx tool, the zygote process, and the java.security framework; Googles copying of Java APIs into Android; Googles awareness of Suns Java intellectual property rights and the need for Google to obtain a Java license for Android; Googles Java-related discussions with Sun and Oracle; and facts relating to Googles willful patent and copyright infringement.

Bornstein, Daniel

Google. Contact through Googles counsel.

PLAINTIFF ORACLES FED. R. CIV. P. 26(A)(3) WITNESS LIST CASE NO. CV 10-03561 WHA pa-1486903

Case3:10-cv-03561-WHA Document491-1

Filed10/07/11 Page4 of 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Witness Brady, Patrick

Contact Information Google. Contact through Googles counsel.

Substance of Trial Testimony Mr. Brady is Googles Director of Android Partner Engineering. He is expected to testify regarding Googles use of Android devices for testing and other purposes; Googles development of Android applications; Googles involvement in and knowledge of development of Android devices by third parties; Googles compatibility requirements for Android implementations; and facts relating to Googles willful patent and copyright infringement Dr. Cockburn is an expert retained by Oracle to testify regarding damages. He will testify regarding the matters disclosed in his expert reports, including his damages analysis for patent and copyright infringement and all supporting information. Mr. Ellison is Oracles founder and CEO. He will testify regarding Oracles reasons for acquiring Sun Microsystems; the importance of Java to Oracles business; Oracles use and licensing of Java prior to its acquisition of Sun; the effort and resources that Oracle has invested in developing Java; Oracles Java licensing business; the prelawsuit Java-related discussions between Oracle and Google; and the harm caused by Android. Dr. Gosling was formerly a software engineer and Chief Technology Officer at Sun Microsystems. He is also the named inventor on Oracles 104 patent. He will testify regarding the inventions of the 104 patent and their benefits; the development history, design, and innovations of the Java platform, including the Java virtual machine and class libraries; the creation and importance of the Java APIs; and the importance of Java implementation compatibility and Suns efforts to ensure compatibility and prevent fragmentation. Mr. Gupta was formerly the Senior Director, Chief Technology Strategy Officer at Sun Microsystems, and subsequently an employee of Oracle. He is expected to testify about Suns and Oracles Java business and Java licensing; Suns and Oracles efforts to prevent fragmentation of the Java platform and eco-system, including Java compatibility requirements; Java-related discussions with Danger, Android, and Google; and the harm caused by Android.

Cockburn, Iain

Expert retained by Oracle. Contact through Oracles counsel.

Ellison, Larry

Oracle. Contact through Oracles counsel.

Gosling, James

Former Sun and Google. Currently with Liquid Robotics, Inc. Contact through Michael Lisi, Esq., Krieg Keller Sloan Reilly & Roman, 555 Montgomery Street, 17th Floor, San Francisco, CA 94111.

Gupta, Vineet

Former Oracle and Sun. 2963 Richland Avenue, San Jose, CA 95125.

PLAINTIFF ORACLES FED. R. CIV. P. 26(A)(3) WITNESS LIST CASE NO. CV 10-03561 WHA pa-1486903

Case3:10-cv-03561-WHA Document491-1

Filed10/07/11 Page5 of 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Witness Kaul, Jeet

Contact Information Former Sun and Oracle. Currently with Juniper Networks. Contact through Oracles counsel.

Substance of Trial Testimony Mr. Kaul was formerly the Vice President of the Java Clients Software Group at Sun Microsystems. He will testify regarding Suns Java business and Java licensing; Suns efforts to develop a smart phone software stack; the impact of Android on Suns Acadia project; Suns efforts to prevent fragmentation of the Java platform and eco-system, including Suns Java compatibility requirements; Suns efforts to protect Java intellectual property; and Java-related discussions between Sun and Google. Ms. Knopoff was formerly the Senior Director of Business Operations at Sun Microsystems. She will testify regarding Suns Java business and Java licensing; the 2005-2006 Java-related discussions between Sun and Google (Project Armstrong); Suns business model and projected revenues for Project Armstrong; and the harm caused by Android. Mr. Lee was formerly a Google engineer involved in the development of Android. He is expected to testify regarding Googles development of Android and inclusion of Java technology therein; Googles copying of Java APIs into Android; the value and importance of the Java APIs;Googles awareness of Suns Java intellectual property rights and the need for Google to obtain a Java license for Android; and Googles Java-related discussions with Sun. Mr. Lindholm is a Google engineer who was formerly employed by Sun. He is expected to testify regarding the development history, design, and innovations of the Java platform, including the Java virtual machine and class libraries; the importance of Java implementation compatibility to Sun and its efforts to prevent fragmentation; Googles development of Android and inclusion of Java technology therein; Googles consideration of alternatives to Java for Android; Googles awareness of Suns Java intellectual property rights and the need for Google to obtain a Java license for Android; Googles Java-related discussions with Android; Googles Java-related discussions with Sun and Oracle; and facts relating to Googles willful patent and copyright infringement.

Knopoff, Kathleen

Former Sun. Contact through Oracles counsel.

Lee, Bob

Former Google. 883 46th Avenue, San Francisco, CA 94121.

Lindholm, Tim

Google. Contact through Googles counsel.

PLAINTIFF ORACLES FED. R. CIV. P. 26(A)(3) WITNESS LIST CASE NO. CV 10-03561 WHA pa-1486903

Case3:10-cv-03561-WHA Document491-1

Filed10/07/11 Page6 of 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Witness McFadden, Andy

Contact Information Google. Contact through Googles counsel.

Substance of Trial Testimony Mr. McFadden is a Google engineer who was involved in the development of Android. He is expected to testify regarding Googles development of Android and inclusion of Java technology therein; the functionality of the infringing components of Android, including the Dalvik virtual machine, the dexopt component, the dx tool, the zygote process, and the java.security framework; Googles copying of Java APIs into Android; Googles awareness of Suns Java intellectual property rights and the need for Google to obtain a Java license for Android; Googles Java-related discussions with Sun and Oracle; and facts relating to Googles willful patent and copyright infringement. Dr. Mitchell is an expert retained by Oracle to testify regarding patent and copyright infringement. He will testify regarding the matters disclosed in his copyright reports of July 29, August 12, and August 19, 2011, and his patent reports of August 8 and September 1, 2011. Mr. Morrill is Googles Technical Program Manager for Android Compatibility. He is expected to testify regarding Googles compatibility requirements for Android implementations; Googles use of Android devices for testing and other purposes; Googles development of Android applications; Googles involvement in and knowledge of development of Android devices by third parties; and facts relating to Googles willful patent and copyright infringement. Mr. Page is Googles co-founder and CEO. He is expected to testify regarding Googles Javarelated discussions with Sun and Oracle; Googles awareness of Suns Java intellectual property rights and the need for Google to obtain a Java license for Android; the benefits associated with Java and Googles lack of alternatives; Googles business plan and marketing strategy for Android, including the acquisition of Motorola; benefits to Google from Android; Googles revenue and profit projections for Android, including advertising revenues; Googles efforts to prevent Android fragmentation; and facts relating to Googles willful patent and copyright infringement.

Mitchell, John

Expert retained by Oracle. Contact through Oracles counsel.

Morrill, Dan

Google. Contact through Googles counsel.

Page, Larry

Google. Contact through Googles counsel.

PLAINTIFF ORACLES FED. R. CIV. P. 26(A)(3) WITNESS LIST CASE NO. CV 10-03561 WHA pa-1486903

Case3:10-cv-03561-WHA Document491-1

Filed10/07/11 Page7 of 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Witness Reinhold, Mark

Contact Information Oracle. Contact through Oracles counsel.

Substance of Trial Testimony Dr. Reinhold is Chief Architect of the Java Platform Group at Oracle. He will testify regarding the development history, design, and innovations of the Java platform, including the Java virtual machine and class libraries; the key developers involved in creating the Java platform; the creation and importance of the Java APIs; Suns copyright registrations for Java; patented features of the Java platform; the effort and resources that Sun and Oracle have invested in developing Java; the nature of the Java SE, ME, and EE platforms; Suns Java business and Java licensing; and Oracles products that practice the asserted claims of the patents-in-suit. Mr. Rizvi is Oracles Senior Vice President of Fusion Middleware and Java. He will testify regarding Oracles licensing practices for Java; and the harm caused by Android. Mr. Rubin is a founder of Android Inc. and the head of Googles Android division. He is expected to testify regarding development of Android and inclusion of Java technology therein; the Java license obtained by Danger Inc.; discussions between Android Inc. and Sun regarding a Java license; Googles awareness of Suns Java intellectual property rights and the need for Google to obtain a Java license for Android; Googles Java-related discussions with Sun and Oracle; the benefits associated with Java and Googles lack of alternatives; Googles business plan and marketing strategy for Android, including the acquisition of Motorola; benefits to Google from Android; Googles revenue and profit projections for Android, including advertising revenues; Googles efforts to prevent Android fragmentation; and facts relating to Googles willful patent and copyright infringement.

Rizvi, Hasan

Oracle. Contact through Oracles counsel. Google. Contact through Googles counsel.

Rubin, Andy

PLAINTIFF ORACLES FED. R. CIV. P. 26(A)(3) WITNESS LIST CASE NO. CV 10-03561 WHA pa-1486903

Case3:10-cv-03561-WHA Document491-1

Filed10/07/11 Page8 of 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Witness Schmidt, Eric

Contact Information Google. Contact through Googles counsel.

Substance of Trial Testimony Mr. Schmidt is Googles Chairman and former CEO. He was previously Chief Technology Officer at Sun Microsystems. He is expected to testify regarding Googles Java-related discussions with Sun and Oracle; Googles awareness of Suns Java intellectual property rights and the need for Google to obtain a Java license for Android; his knowledge of Java technology and Suns Java licensing practices from his tenure at Sun; the benefits associated with Java and Googles lack of alternatives; Googles business plan and marketing strategy for Android, including the acquisition of Motorola; benefits to Google from Android; Googles revenue and profit projections for Android, including advertising revenues; Googles efforts to prevent Android fragmentation; and facts relating to Googles willful patent and copyright infringement. Mr. Screven is Oracles Chief Corporate Architect. He will testify regarding Oracles reasons for acquiring Sun Microsystems; the importance of Java to Oracles business; the harm caused by Android; and Oracles own maintenance of a Java license prior to the Sun acquisition. Dr. Shugan is an expert retained by Oracle to conduct a consumer study to evaluate the effect of particular technology features on the demand for Android devices. He will testify regarding the matters disclosed in his September 12, 2011 expert report. Mr. Singh is the Senior Director of Java Product Management at Oracle. He was previously employed by Sun Microsystems. He will testify regarding Suns Java licensing business and practices; Suns efforts to prevent fragmentation of the Java platform and eco-system, including Suns Java compatibility requirements; Suns efforts to protect and enforce Java intellectual property; Suns efforts to develop a smart phone software stack; the impact of Android on the Acadia project; and Java-related discussions between Sun and Google.

Screven, Edward

Oracle. Contact through Oracles counsel.

Shugan, Steven

Expert retained by Oracle. Contact through Oracles counsel.

Singh, Param

Oracle. Contact through Oracles counsel.

PLAINTIFF ORACLES FED. R. CIV. P. 26(A)(3) WITNESS LIST CASE NO. CV 10-03561 WHA pa-1486903

Case3:10-cv-03561-WHA Document491-1

Filed10/07/11 Page9 of 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Witness Steele, Guy

Contact Information Oracle. Contact through Oracles counsel.

Substance of Trial Testimony Dr. Steele is a Software Architect at Oracle, and formerly at Sun Microsystems. He will testify regarding the development history, design, and innovations of the Java platform; the key developers involved in creating the Java platform; the creation and importance of the Java APIs; Suns copyright registrations for Java; patented features of the Java platform; the effort and resources that Sun and Oracle have invested in developing Java; the nature of the Java SE, ME, and EE platforms; Suns Java business and Java licensing; and Oracles products that practice the asserted claims of the patents-in-suit Mr. Swetland is a Google engineer who was involved in the development of Android. He is expected to testify regarding Googles development of Android and inclusion of Java technology therein; Googles copying of Java APIs into Android; Googles awareness of Suns Java intellectual property rights and the need for Google to obtain a Java license for Android; the benefits associated with Java and Googles lack of alternatives; Googles Java-related discussions with Sun and Oracle; and facts relating to Googles willful patent and copyright infringement.

Swetland, Brian

Google. Contact through Googles counsel.

Oracle may present live testimony from the following witnesses: Witness Angioletti, T.J. Contact Information Oracle. Contact through Oracles counsel. Trial Testimony Mr. Angioletti is an in-house attorney for Oracle. He may testify regarding the pre-lawsuit Javarelated discussions between Google and Oracle, including the July 20, 2010 meeting between counsel for Google and Oracle. Ms. Catz is the President of Oracle. She may testify regarding Oracles reasons for acquiring Sun Microsystems; the importance of Java to Oracles business; Oracles use and licensing of Java prior to its acquisition of Sun; the effort and resources that Oracle has invested in developing Java; Oracles Java licensing business; the prelawsuit Java-related discussions between Oracle and Google; and the harm caused by Android.

Catz, Safra

Oracle. Contact through Oracles counsel.

PLAINTIFF ORACLES FED. R. CIV. P. 26(A)(3) WITNESS LIST CASE NO. CV 10-03561 WHA pa-1486903

Case3:10-cv-03561-WHA Document491-1

Filed10/07/11 Page10 of 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Witness Cizek, Leo

Contact Information Oracle. Contact through Oracles counsel.

Trial Testimony Mr. Cizek is an Account Manager, Java Licensing at Oracle. He may testify about Suns and Oracles Java business and Java licensing; efforts to prevent fragmentation of the Java platform and eco-system, including through Java compatibility requirements; Java-related discussions with Danger, Android, and Google; and the harm caused by Android. Dr. Goldberg is an expert retained by Oracle to testify regarding the validity of the patents-in-suit. He may testify regarding the matters disclosed in his August 25, 2011 expert report. Dr. Kearl is an expert appointed by the Court under FRE 706 to testify regarding damages. He may testify regarding the matters disclosed in his expert report to be submitted on November 14, 2011. Mr. Kessler is an Oracle engineer. He may testify regarding Oracles products that practice the asserted claims of the patents-in-suit. Mr. Kurian is Oracles Executive Vice President of Product Development. He may testify regarding Oracles reasons for acquiring Sun Microsystems; the importance of Java to Oracles business; Oracles use and licensing of Java prior to its acquisition of Sun; the effort and resources that Oracle has invested in developing Java; Oracles Java business and Java licensing; the prelawsuit Java-related discussions between Oracle and Google; and the harm caused by Android. Mr. Landau is an Oracle engineer. He may testify regarding the performance testing he conducted pertaining to the Android functionality accused of infringing the 720 patent, as disclosed in his August 8, 2011 report; and Oracles products that practice the asserted claims of the patents-in-suit. Mr. Lee was formerly an in-house attorney for Google. He is expected to testify regarding the pre-lawsuit Java-related discussions between Google and Oracle, including the July 20, 2010 meeting between counsel for Google and Oracle; and Googles awareness of Suns and Oracles Java intellectual property rights and the need for Google to obtain a Java license for Android.

Goldberg, Ben

Expert retained by Oracle. Contact through Oracles counsel. FRE 706 courtappointed expert. Contact through John Cooper, Esq., Farella Braun & Martel LLP. Oracle. Contact through Oracles counsel. Oracle. Contact through Oracles counsel.

Kearl, James

Kessler, Peter

Kurian, Thomas

Landau, Erez

Oracle. Contact through Oracles counsel.

Lee, Ben

Former Google. 604 Wellsbury Court, Palo Alto, CA 94306-3060.

PLAINTIFF ORACLES FED. R. CIV. P. 26(A)(3) WITNESS LIST CASE NO. CV 10-03561 WHA pa-1486903

Case3:10-cv-03561-WHA Document491-1

Filed10/07/11 Page11 of 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Witness McGuire, Joshua

Contact Information Google. Contact through Googles counsel.

Trial Testimony Mr. McGuire is an in-house attorney for Google. He is expected to testify regarding the pre-lawsuit Java-related discussions between Google and Oracle, including the July 20, 2010 meeting between counsel for Google and Oracle; and Googles awareness of Suns and Oracles Java intellectual property rights and the need for Google to obtain a Java license for Android. Mr. McNealy is the former Chief Executive Officer and Board Chairman of Sun Microsystems. He may testify regarding Suns Java business and Java licensing; Java-related discussions between Sun and Google; Oracles acquisition of Sun; the interest of Sun and its Board of Directors in preventing Java fragmentation, enforcing Java intellectual property rights, and protecting Java licensing revenue; and Suns position regarding Googles release of Android and the harm caused by Android. Mr. Messinger is Vice President Development at Oracle. He may testify regarding Oracles Java business and Java licensing; and the harm caused by Android. Mr. Pampuch is an Oracle engineer. He may testify regarding Oracles products that practice the asserted claims of the patents-in-suit. Mr. Periakaruppan was formerly an employee of Sun Microsystems involved in marketing. He may testify regarding Suns Java business and Java licensing; the 2005-2006 Java-related discussions between Sun and Google (Project Armstrong); and Suns business model and projected revenues for Project Armstrong. Mr. Persi is a Sales Manager at Oracle. He may testify regarding Suns and Oracles Java business and Java licensing; and the harm caused by Android. Mr. Poore is an Oracle engineer. He may testify regarding the performance testing he conducted pertaining to the Android functionality accused of infringing the 702 and 520 patents, as disclosed in his August 8, 2011 report; Suns efforts to develop a smart phone software stack; the impact of Android on the Acadia project; the harm caused by Android; and Oracles products that practice the asserted claims of the patents-in-suit.

McNealy, Scott

Former Sun.

Messinger, Adam

Oracle. Contact through Oracles counsel. Oracle. Contact through Oracles counsel. Former Sun.

Pampuch, John

Periakaruppan, Nachi

Persi, Lino

Oracle. Contact through Oracles counsel. Oracle. Contact through Oracles counsel.

Poore, Noel

PLAINTIFF ORACLES FED. R. CIV. P. 26(A)(3) WITNESS LIST CASE NO. CV 10-03561 WHA pa-1486903

Case3:10-cv-03561-WHA Document491-1

Filed10/07/11 Page12 of 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Witness Purdy, Alan

Contact Information Expert retained by Oracle. Contact through Oracles counsel. Google. Contact through Googles counsel.

Trial Testimony Mr. Purdy is an expert retained by Oracle to perform a comparison of certain Java and Android source code. He may testify regarding the matters disclosed in his reports of July 29 and August 19, 2011. Mr. Schulman is an in-house attorney for Google. He is expected to testify regarding the pre-lawsuit discussions between Google and Oracle regarding a Java license, including the July 20, 2010 meeting between counsel for the two sides; and Googles awareness of Suns and Oracles Java intellectual property rights and the need for Google to obtain a Java license for Android. Mr. Serwin is an expert retained by Oracle who may testify as a rebuttal witness regarding damages.

Schulman, Eric

Serwin, Ken

Expert retained by Oracle. Berkeley Research Group. Contact through Oracles counsel. Oracle. Contact through Oracles counsel.

Sutphin, Brian

Mr. Sutphin is a Senior Vice President at Oracle. He was formerly employed by Sun Microsystems. He may testify regarding Suns and Oracles Java business and Java licensing; Oracles acquisition of Sun; the interest of Sun and its Board of Directors in preventing Java fragmentation, enforcing Java intellectual property rights, and protecting Java licensing revenue; Suns position regarding Googles release of Android; and the harm caused by Android. Mr. Vandette is an Oracle engineer. He may testify regarding the performance testing he conducted pertaining to the Android functionality accused of infringing the 104 and 205 patents, as disclosed in his August 8, 2011 report; and Oracles products that practice the asserted claims of the patents-in-suit. Mr. Visnick is an expert retained by Oracle to perform a comparison of certain Java and Android source code. He may testify regarding the matters disclosed in his July 29, 2011 expert report. Mr. Zavery is Vice President, Product Management, Oracle Fusion Middleware. He may testify regarding the importance of Java to Oracles business; and the harm caused by Android.

Vandette, Bob

Oracle. Contact through Oracles counsel.

Visnick, Marc

Expert retained by Oracle. Contact through Oracles counsel. Oracle. Contact through Oracles counsel.

Zavery, Amit

PLAINTIFF ORACLES FED. R. CIV. P. 26(A)(3) WITNESS LIST CASE NO. CV 10-03561 WHA pa-1486903

10

Case3:10-cv-03561-WHA Document491-1

Filed10/07/11 Page13 of 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Oracle reserves the right to call any witness identified by Google. The above descriptions are not intended to cover every possible topic or sub-topic on which these witnesses may testify and are made without prejudice to Oracle eliciting other testimony, including without limitation testimony regarding matters addressed during the deposition of a given witness. II. DEPOSITION TESTIMONY Oracle reserves the right to present the deposition testimony of Googles corporate officers (Larry Page, Eric Schmidt, and Andy Rubin) and 30(b)(6) designees (Andy Rubin, Daniel Bornstein, and Patrick Brady) in addition to or in lieu of their live testimony. Oracle also reserves the right to present the deposition testimony of any witnesses listed above who are unavailable to testify at trial. Oracle may present testimony from the following additional witnesses by deposition: Witness Agarwal, Aditya Contact Information Google. Contact through Googles counsel. Trial Testimony Mr. Agarwal is a Senior Financial Analyst at Google. He may testify regarding the benefits to Google from Android; and Googles revenue and profit projections for Android, including advertising revenues. Mr. Camargo is Senior Director of BSP and Kernel at Motorola Mobility. He may testify regarding the installation of infringing components of Android code on Motorolas Android devices; and Motorolas development of Android applications, including use of the Android dx tool. Mr. Miner was a co-founder of Android Inc. and was formerly involved in the development of Android at Google. He may testify regarding the development of Android and inclusion of Java technology therein; Googles awareness of Suns Java intellectual property rights and the need for Google to obtain a Java license for Android; Googles Java-related discussions with Sun and Oracle; and facts relating to Googles willful patent and copyright infringement.

Camargo, Rafael (Motorola 30(b)(6) witness)

Miner, Rich

Motorola. Contact through Tom Pasternak, Esq., Steptoe & Johnson LLP, 115 South LaSalle Street, Suite 3100, Chicago IL 60603. Google Ventures. Contact through Googles counsel.

Oracle reserves the right to designate testimony from any witness identified by Google. The above descriptions are not intended to cover every possible topic or sub-topic on which
PLAINTIFF ORACLES FED. R. CIV. P. 26(A)(3) WITNESS LIST CASE NO. CV 10-03561 WHA pa-1486903

11

Case3:10-cv-03561-WHA Document491-1

Filed10/07/11 Page14 of 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Oracle may offer deposition excerpts and are made without prejudice to Oracle offering other testimony. Dated: October 7, 2011 MICHAEL A. JACOBS MARC DAVID PETERS DANIEL P. MUINO MORRISON & FOERSTER LLP By: /s/ Daniel P. Muino DANIEL P. MUINO Attorneys for Plaintiff ORACLE AMERICA, INC.

PLAINTIFF ORACLES FED. R. CIV. P. 26(A)(3) WITNESS LIST CASE NO. CV 10-03561 WHA pa-1486903

12

Case3:10-cv-03561-WHA Document491-2

Filed10/07/11 Page1 of 11

Appendix B

Case3:10-cv-03561-WHA Document491-2

Filed10/07/11 Page2 of 11

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. GOOGLE INC., Defendant. ORACLE AMERICA, INC., Plaintiff, Case No. 3:10-cv-03561-WHA GOOGLES TRIAL WITNESS DISCLOSURE PURSUANT TO FED. R. CIV. P. 26(A)(3) Judge: Hon. William Alsup October 27, 2010 October 31, 2011 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION KING & SPALDING LLP SCOTT T. WEINGAERTNER (Pro Hac Vice) sweingaertner@kslaw.com ROBERT F. PERRY rperry@kslaw.com BRUCE W. BABER (Pro Hac Vice) 1185 Avenue of the Americas New York, NY 10036 Tel: 212.556.2100 Fax: 212.556.2222 Attorneys for Defendant GOOGLE INC. IAN C. BALLON - #141819 ballon@gtlaw.com HEATHER MEEKER - #172148 meekerh@gtlaw.com GREENBERG TRAURIG, LLP 1900 University Avenue East Palo Alto, CA 94303 Tel: 650.328.8500 Fax: 650.328-8508 KEKER & VAN NEST LLP ROBERT A. VAN NEST - #84065 rvannest@kvn.com CHRISTA M. ANDERSON - #184325 canderson@kvn.com 633 Battery Street San Francisco, CA 94111-1809 Telephone: 415.391.5400 Facsimile: 415.397.7188 KING & SPALDING LLP DONALD F. ZIMMER, JR. - #112279 fzimmer@kslaw.com CHERYL A. SABNIS - #224323 csabnis@kslaw.com 101 Second St., Suite 2300 San Francisco, CA 94105 Tel: 415.318.1200 Fax: 415.318.1300

Date Comp. Filed: Trial Date:

584161.01

GOOGLES 26(A)(3) DISCLOSURE CASE NO. 3:10-cv-03561-WHA

Case3:10-cv-03561-WHA Document491-2

Filed10/07/11 Page3 of 11

1 2 3 4 5 6 7 8 9 10

Pursuant to Fed. R. Civ. P. 26(a)(3) and the Courts Guidelines for Trial and Final Pretrial Conference in Civil Jury Cases, Google discloses the following witnesses for the trial of this matter. As required by the Guidelines, Google has identified non-cumulative testimony in the summaries below by italicizing that testimony. 1. Google presently intends to call the following witnesses at the trial of this matter, subject to Googles right to modify this list according to developments in the case and rulings of the Court. Contact information has already been provided in this matter.

Name Allison, Dennis

Manner of Presentation Live

Substance of Trial Testimony Dr. Allison is an expert retained by Google to testify regarding the invalidity of U.S. Patent Nos. RE38,104 and 7,426,720. He will testify on the matters disclosed in his expert reports of August 8 and September 1, 2011. Dr. August is an expert retained by Google to testify regarding the non-infringement of U.S. Patent Nos. RE38,104 and 6,910,205. He will testify on the matters disclosed in his expert report of August 25, 2011. Dr. Astrachan is an expert retained by Google to testify regarding the copyright infringement assertions made by Oracle. He will testify on the matters disclosed in his expert reports of July 29, August 12 and August 19, 2011. Mr. Bloch is expected to testify regarding the Java and Android platforms; work performed by Mr. Bloch for the Android team; open source generally; the Apache Harmony project; and contributions made by Google to Java. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Bornstein is expected to testify regarding his work on development of the Android platform and for Googles Android team, and his observations derived therefrom; discussions between Google and Sun regarding a possible technology partnership and the technical aspects thereof; other virtual machines and/or platforms considered by Google when developing the Android platform; how the Android platform, including components such as the Dalvik Virtual Machine and the dx tool, works; alternatives available to Google in designing the Android platform in order to avoid alleged infringement of the patents-in-suit and/or the copyrights-in-suit; an explanation of the technical issues that accompany designing the Android platform in the first instance; and issues that would accompany re-designing the Android platform based on the current design of the Android 1

11 12 13 14 15 16 17 18 19 20 Bornstein, Dan 21 22 23 24 25 26 27 28 Live Bloch, Joshua Live Astrachan, Owen Live August, David Live

584161.01

GOOGLES RULE 26(A)(3) DISCLOSURE CASE NO. 3:10-cv-03561-WHA

Case3:10-cv-03561-WHA Document491-2

Filed10/07/11 Page4 of 11

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Name

Manner of Presentation

Substance of Trial Testimony platform. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him, or on the subject matter of declarations submitted in this case.

Brady, Patrick

Live

Mr. Brady is expected to testify regarding the manner in which Google distributes Android source code; and Googles knowledge, or lack thereof, regarding how users of that source code may modify it for use in their devices. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him, or on the subject matter of declarations submitted in this case. Mr. Bray is expected to testify regarding the development of applications for the Android platform by third-party developers. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Ms. Catz is expected to testify about negotiations and communications leading to Oracles acquisition of Sun, including communications about either Java or Android; Oracles valuation of Java; Oracles business plans with regard to Java, both pre- and post-acquisition; Oracles management of Java post-acquisition; Oracles efforts in the mobile computing space; pre-lawsuit communications with Google regarding Android; and Oracles communications to the public, Google, and third parties about Android, open sourcing and/or about Oracles defensive use of patents and copyrights. She also may testify concerning documents on the exhibit list that are either authored by or were sent to her. Dr. Cox is an expert retained by Google to testify regarding the alleged damages suffered by Oracle as a result of alleged copyright infringement. He will testify on the matters disclosed in his expert report of October 3, 2011. Dr. Davidson is an expert retained by Google to testify regarding the non-infringement of U.S. Patent No. 7,426,720. He will testify on the matters disclosed in his expert report of August 25, 2011. Dr. Dewar is an expert retained by Google to testify regarding the invalidity of U.S. Patent No. 6,061,520. He will testify on the matters disclosed in his expert reports of August 8 and September 1, 2011. Mr. Ellison is expected to testify about negotiations and communications relating to Oracles acquisition of Sun, including communications about either Java or Android; Oracles valuation of Java; Oracles business plans with regard to Java, both pre- and post-acquisition; Oracles management of Java post-acquisition; Oracles efforts in the mobile computing space; Oracles participation in and 2

Bray, Tim

Live

Catz, Safra

Live

Cox, Alan

Live

Davidson, Jack

Live

Dewar, Robert

Live

Ellison, Larry

Live

584161.01

GOOGLES RULE 26(A)(3) DISCLOSURE CASE NO. 3:10-cv-03561-WHA

Case3:10-cv-03561-WHA Document491-2

Filed10/07/11 Page5 of 11

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Name

Manner of Presentation

Substance of Trial Testimony communications with the Java Community Process; his and Oracles communications to the public, Google and third parties about Android, open sourcing and/or Oracles defensive use of patents and copyrights; and communications with Google regarding Android. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him.

Gupta, Vineet

Live or by deposition

Mr. Gupta is expected to testify regarding Suns Java licensing business model, strategies, and practices; negotiations between Sun and Google regarding a potential technology partnership to develop the Android platform; and communications concerning Android and the Dalvik VM. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Dr. Leonard is an expert retained by Google to testify regarding the alleged damages suffered by Oracle as a result of alleged patent infringement. He will testify on the matters disclosed in his expert report of October 3, 2011. Dr. Levine is an expert retained by Google to testify regarding the invalidity of U.S. Patent Nos. 5,966,702 and 6,910,205. He will testify on the matters disclosed in his expert reports of August 8 and September 1, 2011. Dr. Mazires is an expert retained by Google to testify regarding the non-infringement and invalidity of U.S. Patent Nos. 6,125,447 and 6,129,476. He will testify on the matters disclosed in his expert reports of August 8, August 25, and September 1, 2011. Dr. Parr is an expert retained by Google to testify regarding the non-infringement of U.S. Patent Nos. 5,966,702 and 6,061,520. He will testify on the matters disclosed in his expert report of August 25, 2011. Mr. Poore is an Oracle engineer who performed work relating to alleged benchmarks of the 520 and 702 patents. He is expected to testify regarding his work in that regard, as set forth in his August 8, 2011 report; other Oracle analysis of, and experimentation with, the Android platform; Suns efforts in the mobile computing space, including market perceptions of Java and the potential use of all or part of the Android platform. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Risvi is expected to testify regarding Suns (and now Oracles) Java business model, strategies, practices, and finances; Oracles acquisition of Sun; and Oracles negotiations with Google regarding Android and intellectual property issues related thereto. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. 3

Leonard, Gregory

Live

Levine, John

Live

Mazires, David

Live

Parr, Terence

Live

Poore, Noel

Live

Risvi, Hasan

Live or by deposition

584161.01

GOOGLES RULE 26(A)(3) DISCLOSURE CASE NO. 3:10-cv-03561-WHA

Case3:10-cv-03561-WHA Document491-2

Filed10/07/11 Page6 of 11

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Name Rubin, Andrew

Manner of Presentation Live

Substance of Trial Testimony Mr. Rubin is expected to testify about the efforts and costs incurred in developing and ultimately open sourcing the Android platform; open source generally; Googles efforts to develop a mobile platform, and Googles business model and goals in the mobile market; Googles business and marketing strategies concerning Android; the adoption of the Android platform and factors that have driven demand for it; alternative platforms available to Android; Googles discussions with Sun regarding Android and regarding a potential partnership; and Googles discussions with Oracle concerning Android. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Schwartz is expected to testify regarding negotiations between Sun and Google for a potential technology partnership in the mobile computing space; his own and Suns representations to the public, Google, and third parties concerning Java, the licensing of Java, Android, and Suns intention of using its copyrights and patents only for defensive purposes; Suns actions and/or inaction relating to enforcement of its patents and copyrights; Sun/Oracles position with regard to open sourcing; Oracles positions with regard to Java licensing; the Java ecosystem generally; his own and Suns representations to the public, Google and third parties regarding Android; Suns knowledge of Android; his own and Suns expectations regarding Androids effect on the Java ecosystem; negotiations and communications relating to Oracles acquisition of Sun. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Ms. Wojcicki is expected to testify about Googles background, history, product development, advertising business, revenues, and potential sharing of revenues; factors that have driven revenue and profitability in Googles search and advertising business; and the relationship, if any, between that business and the mobile technology business and/or Android. She also may testify concerning documents on the exhibit list that are either authored by or were sent to her.

Schwartz, Jonathan

Live or by deposition

Wojcicki, Susan

Live

2. Google may also call the following witnesses, contact information for whom has already been provided: Name Buccholz, Martin Manner of Presentation Live Substance of Trial Testimony Mr. Buccholz may testify in regard to communications between Google and Sun; open source generally; and contributions made by Google to Java. He also may 4

584161.01

GOOGLES RULE 26(A)(3) DISCLOSURE CASE NO. 3:10-cv-03561-WHA

Case3:10-cv-03561-WHA Document491-2

Filed10/07/11 Page7 of 11

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Name

Manner of Presentation

Substance of Trial Testimony testify concerning documents on the exhibit list that are either authored by or were sent to him.

Cizek, Leo

Live or by deposition

Mr. Cizek may testify about Suns communications and business relationships with Google, and about Suns practices concerning enforcement of Suns alleged intellectual property rights. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Dr. Cockburn is an expert retained by Oracle. Google may call him to testify as to opinions set forth in his expert reports of May 21, 2011 and September 12, 2011. Mr. Eustace may testify about communications between Oracle and Google concerning Oracles allegations of infringement. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Fresko, a named inventor on U.S. Patent Nos. 7,426,720 and 5,966,702, may testify regarding the content of those patents and/or his work that led to the issuance of those patents. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Gering may testify concerning Suns analysis of the Android platform. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Dr. Goldberg is an expert retained by Oracle. Google may call him to testify as to opinions set forth in his expert report of August 25, 2011. Dr. Gries is a professor at Cornell University, and the author of Compiler Construction for Digital Computers (John Wiley & Sons, 1971). He may testify regarding the content of that work and the concepts that it contains. Dr. Griesemer is a Google employee, and a named inventor on U.S. Patent No. 6,910,205. Google may call him to testify regarding the content of that patent; his work that led to the issuance of that patent; and/or the incorporation of the patented technology into any versions of Java. Mr. Harris may testify concerning Oracles conduct relating to open sourcing of Java from 2000 to the present. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Dr. Kearl is an expert appointed by the Court under Federal Rule of Evidence 706 to testify as to damages issues. He may testify as to the opinions disclosed in his expert report, which has not yet been served. 5

Cockburn, Iain

Live

Eustace, Alan

Live

Fresko, Nedim

Live or by deposition

Gering, Craig

Live

Goldberg, Benjamin Gries, David

Live

Live

Greisemer, Robert

Live

Harris, Steven

Live or by deposition

Kearl, James

Live

584161.01

GOOGLES RULE 26(A)(3) DISCLOSURE CASE NO. 3:10-cv-03561-WHA

Case3:10-cv-03561-WHA Document491-2

Filed10/07/11 Page8 of 11

1 2 3 4 5 6 7 8 9 10 11

Name Kehring, Doug

Manner of Presentation Live or by deposition

Substance of Trial Testimony Mr. Kehring may testify concerning Oracles negotiations and communications, and financial analyses, regarding its acquisition of Suns intellectual property rights concerning Java as part of the acquisition of Sun. He may also testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Kessler may testify concerning Oracles alleged conception, reduction to practice, and use of U.S. Patent Nos. 6,910,205 and RE38,104, including but not limited to in the JDK; and Oracles benchmarking tests and related Android and Java source code modifications. He may also testify concerning documents on the exhibit list that are either authored by him or were sent to him. Mr. Landau is an Oracle engineer who performed work relating to alleged benchmarks of the 720 patent. Google may call him to testify regarding his work in that regard, as set forth in his August 8, 2011 report. Mr. Lee may testify regarding regarding the Java and Android platforms; open source generally; and work performed by Mr. Lee for the Android team. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Lindholm may testify in response to evidence offered by Oracle concerning willfulness, and the scope of his testimony will depend upon the outcome of Googles challenges to the admissibility of the Lindholm email. Mr. Lockheimer may testify about the process of developing Android, including his work on development of the Android platform and for Googles Android team; how Android works; other alternatives considered by or available to Google when developing Android; and issues relating to designing or re-designing the Android platform. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Lord may testify as to Oracles involvement in the Java Community Process prior to its acquisition of Sun Microsystems; or prior efforts by Oracle to convince Sun Microsystems to provide a license to Java allowing Java to be used in an open source manner free of field-of-use restrictions. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Dr. Magnusson, the author of the article Partial Translation, SICS Technical Report T93:05 (Oct. 1993), may testify as to the content of that article and the work that led up to its publication; and his personal experience in the field of designing solutions to speed up simulators and interpreters. 6

Kessler, Peter

Live or by deposition

Landau, Erez

Live

Lee, Bob 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Magnusson, Peter Lord, Peter Lockheimer, Hiroshi Lindholm, Tim

Live or by deposition

Live

Live

By deposition designation

Live

584161.01

GOOGLES RULE 26(A)(3) DISCLOSURE CASE NO. 3:10-cv-03561-WHA

Case3:10-cv-03561-WHA Document491-2

Filed10/07/11 Page9 of 11

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Name McFadden, Andy

Manner of Presentation Live

Substance of Trial Testimony Mr. McFadden may testify about the development of Android, including his work on development of the Android platform and for Googles Android team; how Android works; other alternatives considered by or available to Google when developing Android; and issues relating to designing or re-designing the Android platform. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Dr. Mitchell is an expert retained by Oracle. Google may call him to testify as to opinions set forth in his expert reports of July 29, August 8, August 12, August 19, and September 1, 2011. Mr. Morton may testify regarding the licensing history for Java. He may also testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Nishar may testify regarding the role of the mobile market in Googles strategy for developing Android; and Googles practices in negotiating intellectual property licenses and distribution agreements. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Page may testify about Googles acquisition of Android; negotiations between Sun and Google for a potential technology partnership in the mobile computing space; Googles efforts to develop a mobile platform, and Googles business model and goals in the mobile market; communications with Sun and/or Oracle regarding Android; and Googles background, history, product development, advertising business, and revenues. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Dr. Palay, a named inventor on United States Patent No. 5,613,120, may testify as to the content of that patent and the work that led up to the issuance of the patent; and his experience in the field of designing solutions that minimize the memory required for combined files created from separate files that contain duplicative constants. Mr. Pampuch may testify about Oracles alleged practice of U.S. Patent No. 5,966,702, including by JavaOS; source code and documents relating to JavaOS; and Oracles retention and production of such documents. He may also testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Purdy is an expert retained by Oracle. Google may call him to testify as to opinions set forth in his expert reports of July 29 and August 19, 2011. Mr. Reinhold may testify about Suns practices and policies relating to alleged Java intellectual property rights; Suns communications with Apache and/or 7

Mitchell, John

Live

Morton, Geoffrey Nishar, Dipchand

Live or by deposition Live

Page, Larry

Live

Palay, Andrew

Live

Pampuch, John

Live or by deposition

Purdy, Alan

Live

Reinhold, Mark

Live or by deposition

584161.01

GOOGLES RULE 26(A)(3) DISCLOSURE CASE NO. 3:10-cv-03561-WHA

Case3:10-cv-03561-WHA Document491-2

Filed10/07/11 Page10 of 11

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Name

Manner of Presentation

Substance of Trial Testimony communications concerning Apache Harmony; Suns policies and practices with respect to licensing and open sourcing Java-related software and platforms; the Java Community Process; and alleged fragmentation or forking. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him.

Ripley, Lisa

Live or by deposition

Ms. Ripley may testify about Oracles policies and practices involving the preservation and production of documents and other evidence by Oracle, in general and with regard to documents relevant to this case; and Oracles destruction of otherwise discoverable evidence. She also may testify concerning documents on the exhibit list that are either authored by or were sent to her. Mr. Rizzo may testify regarding Suns negotiation practices regarding Java licenses; Suns development of one-off versions of its Java ME platform for customers; open source generally; the Apache Harmony project; and fragmentation of the Java ecosystem. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Schmidt may testify about communications between Sun and Google concerning a potential technology partnership in the mobile computing space; Googles efforts to develop a mobile platform, and Googles business model and goals in the mobile market; communications with Sun and Oracle regarding Android; Googles background, history, product development, advertising business, and revenues; and Suns communications to the public and third parties about Suns position on copyrightability, licensing and enforcement of alleged intellectual property rights. He also may testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Screven may testify concerning government reports concerning Oracles acquisition of Suns intellectual property rights concerning Java as part of the acquisition of Sun. He may also testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Singh may testify concerning the business model and marketing strategy for Java, including the alleged importance of preventing so-called fragmentation of Java. He may also testify concerning documents on the exhibit list that are either authored by or were sent to him. Mr. Vandette is an Oracle engineer who performed work relating to alleged benchmarks of the 104 and 205 patents. Google may call him to testify regarding his work in that regard, as set forth in his August 8, 2011 report. 8

Rizzo, John

Live

Schmidt, Eric

Live

Screven, Edward

Live or by deposition

Singh, Param

Live or by deposition

Vandette, Robert

Live

584161.01

GOOGLES RULE 26(A)(3) DISCLOSURE CASE NO. 3:10-cv-03561-WHA

Case3:10-cv-03561-WHA Document491-2

Filed10/07/11 Page11 of 11

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Name Visnick, Marc

Manner of Presentation Live

Substance of Trial Testimony Mr. Visnick is an expert retained by Oracle. Google may call him to testify as to opinions set forth in his expert report of July 29, 2011. Oracles custodian of records may be called to testify as to the authenticity and/or business records status of documents on exhibit list (in the event of a dispute among the parties over authenticity or business records status).

Oracles Custodian of Records

Live

In addition to the witnesses identified above, Google may call witnesses for rebuttal and may call witnesses identified on Oracles witness list. Google will counter-designate testimony of various witnesses designated by Oracle pursuant to Judge Alsups Guidelines for Trial and Final Pretrial Conference in Civil Jury Cases. Should Oracle introduce any deposition testimony it has designated for witnesses not at trial, Google will, in rebuttal, introduce the testimony they have counter-designated.

Respectfully submitted, Dated: October 7, 2011 KEKER & VAN NEST LLP

By: /s/ Robert A. Van Nest ROBERT A. VAN NEST Attorneys for Defendant GOOGLE INC.

9
584161.01

GOOGLES RULE 26(A)(3) DISCLOSURE CASE NO. 3:10-cv-03561-WHA