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
PROPOSED TRIAL PLAN
The jury trial will be trifurcated into three phases, all before the same jury, as follows:
Liability on the copyright claims, including alldefenses thereto, will be tried and determined by special verdict before going to Phase Two.
Liability on the patent claims, including all defensesfor the jury. The jury will decide these issues before going toPhase Three.
All remaining issues will be tried, includingdamages and willfulness.All evidence presented in an earlier phase can be used by counsel and by the jury in a subsequent phase as relevant to the issues then on trial. If, for example, more general “Java” issues are pertinent in Phase One, such as implied license, laches, equitable estoppel, and waiver, then themore general evidence on “Java” may be presented in Phase One and considered again, asrelevant, in any subsequent phase. There will need to be evidence-presentation time limits per side for each phase with the understanding that unused time may be carried forward to asubsequent phase. The time limits will be set later.
Case3:10-cv-03561-WHA Document564 Filed10/26/11 Page1 of 2