decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Oracle's Subpoena to Apache, Claim Construction Order, and an Annoyed Judge
Tuesday, May 10 2011 @ 01:02 AM EDT

I thought you'd like to see the Apache subpoena [PDF] that Oracle just sent them. Specifically, it's a Boies Schiller production, as you can see at the bottom of page one.

And there are more filings, a notice of a case management conference at 7 in the morning on May 11, believe it or not, the claim construction order, with a long description of Java, also a letter from Oracle complaining about Google, followed by an order from the judge, who has clearly had it with the parties' inability to get things settled without his intervention on every little dispute. He's sending all discovery disputes to a randomly selected magistrate.

Here are all the filings:

05/09/2011 - 136 - NOTICE OF CASE MANAGEMENT CONFERENCE. Signed by Judge Alsup on May 9, 2011. (whalc1, COURT STAFF) (Filed on 5/9/2011) (Entered: 05/09/2011)

05/09/2011 - 137 - CLAIM CONSTRUCTION ORDER. Signed by Judge Alsup on May 9, 2011. (whalc1, COURT STAFF) (Filed on 5/9/2011) (Entered: 05/09/2011)

05/09/2011 - 138 - Letter from Plaintiff Oracle America, Inc. Regarding Discovery Master. (Jacobs, Michael) (Filed on 5/9/2011) (Entered: 05/09/2011)

05/09/2011 - 139 - ORDER REFERRING ALL DISCOVERY DISPUTES FOR ASSIGNMENT TO A MAGISTRATE JUDGE re 138 Letter filed by Oracle America, Inc., ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Alsup on May 9, 2011. (whalc1, COURT STAFF) (Filed on 5/9/2011) (Entered: 05/09/2011)

The Notice, #136, shows the judge setting a date for the case management conference, but once again, he sounds like he's had it up to here with all these high-falutin' corporate lawyers:
The recent submissions reveal unrealistic expectations about the judicial resources and time that can be devoted to this case. The Court invites one attorney and one corporate representative per side to meet in chambers on MAY 11 at 7:00 A.M. to discuss alternatives and case management. This hour is necessary because the Court’s trial calendar begins at 7:30 a.m. If either side timely so requests, a court reporter will be present; otherwise, it will be unreported. Each side shall bring to the conference a copy of its own human resources (or other) policy on the number of days of salary/wage-continuation for its employees on jury duty, both as of the commencement of this action and at present.
So, May 11 at *7* AM. I would suggest they be on time.

#137 is his claim construction order. And next is an Oracle letter to the judge, complaining about Google's refusal to accept a special master to look at confidential materials. But the judge sends all discovery matters to a magistrate judge. That way he doesn't have to get any more letters about discovery. Some unfortunate magistrate will get them all. He ends the order with this pithy message to Oracle: "The Court does not have the authority to force an unwilling party to accept a special master for discovery supervision."

I love this judge.


  


Oracle's Subpoena to Apache, Claim Construction Order, and an Annoyed Judge | 237 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections
Authored by: tyche on Tuesday, May 10 2011 @ 01:51 AM EDT
Please locate the correction as well as indicating what needs to be changed and
what to change it to.

Craig
Tyche

---
"The Truth shall Make Ye Fret"
"TRUTH", Terry Pratchett

[ Reply to This | # ]

Off Topic
Authored by: tyche on Tuesday, May 10 2011 @ 01:52 AM EDT
Well, I'm a little off, anyway. But points of interest that aren't part of the
topic are welcome here.

Craig
Tyche

---
"The Truth shall Make Ye Fret"
"TRUTH", Terry Pratchett

[ Reply to This | # ]

News Picks
Authored by: tyche on Tuesday, May 10 2011 @ 01:55 AM EDT
Please include the title and URL of the news item you are commenting on. It
makes it easier to find. They roll off the screen rather quickly.

Craig
Tyche

---
"The Truth shall Make Ye Fret"
"TRUTH", Terry Pratchett

[ Reply to This | # ]

Comes
Authored by: tyche on Tuesday, May 10 2011 @ 01:57 AM EDT
For those hardy souls that are able to transcribe the Comes vs. Microsoft
material, here's a place to put it.

Craig
Tyche

---
"The Truth shall Make Ye Fret"
"TRUTH", Terry Pratchett

[ Reply to This | # ]

A sharp point
Authored by: Anonymous on Tuesday, May 10 2011 @ 03:02 AM EDT
A nice touch, asking for the HR policy on jury duty. I'd love to be a fly on
that wall to hear exactly where he goes with it, but it's obvious he wants to
make a sharp point about the value of the court's time.

[ Reply to This | # ]

7am
Authored by: ThrPilgrim on Tuesday, May 10 2011 @ 03:57 AM EDT
I will, for ever more, consider 7am as Judge Punishment Time. Especially as I
normally still asleep then.

---
Beware of him who would deny you access to information for in his heart he
considers himself your master.

[ Reply to This | # ]

  • 7am - Authored by: PJ on Tuesday, May 10 2011 @ 01:38 PM EDT
    • 7am - Authored by: SilverWave on Tuesday, May 10 2011 @ 02:05 PM EDT
    • 7am - Authored by: Anonymous on Tuesday, May 10 2011 @ 04:46 PM EDT
      • 7am - Authored by: egan on Tuesday, May 10 2011 @ 07:11 PM EDT
    • 7am - Authored by: ionic on Wednesday, May 11 2011 @ 02:15 AM EDT
      • 7am - Authored by: PJ on Wednesday, May 11 2011 @ 04:53 AM EDT
  • 7am - Authored by: Anonymous on Wednesday, May 11 2011 @ 05:33 AM EDT
Oracle's Subpoena to Apache, Claim Construction Order, and an Annoyed Judge
Authored by: Anonymous on Tuesday, May 10 2011 @ 05:43 AM EDT
Why would the judge want to know what Google and Oracle's policies are for
continuing to pay their employees' wages while on jury duty? It doesn't seem to
be germane to the case.

[ Reply to This | # ]

Don't rub this judge up the wrong way
Authored by: DaveJakeman on Tuesday, May 10 2011 @ 05:51 AM EDT
Not even if you do it nicely, in a highfalutin kind of way. No sir, he be da
Judge.

[ Reply to This | # ]

"Special Master" vs magistrate judge...Pros? Cons?
Authored by: UncleJosh on Tuesday, May 10 2011 @ 08:39 AM EDT
What are the advantages/disadvantages? Why would one party prefer one over the
other?

[ Reply to This | # ]

Claim Construction Order
Authored by: Anonymous on Tuesday, May 10 2011 @ 10:37 AM EDT
Two comments: I am amazed at the technical detail in the claim construction
order. The judge appears to have surpassed the knowledge level of a first-year
computer science student. His Java instruction appears to have been successful.

Second, it looks like Oracle has had more success than Google in the Claim
Construction Order. He has some good analogies, such as a shredded document
isn't really still a document, nor is a reduced class file still a class file.

Expecting a jury to make sense of this case will be challenging. I'm not sure if
the claim construction letter is meant to keep some of the complexity away from
the jury to keep the trial short, or to limit what laypersons are expected to
understand.

[ Reply to This | # ]

Oracle trying to get it both ways....
Authored by: Anonymous on Tuesday, May 10 2011 @ 10:38 AM EDT


"(1) expeditiously make informed decisions and provide feedback to outside
counsel; (2) advise Oracle’s senior management (who are not permitted to
receive
AEO information) on case decisions; and (3) engage in meaningful settlement
discussions."

and

"(2) as lawyers notinvolved in competitive decision-making, there would be
no risk of information being inadvertently used for competitive purposes."

Except for the case where the lawyers are briefing the management team,


Duh....

[ Reply to This | # ]

Oracle's Jury Duty Policy
Authored by: Eeyore on Tuesday, May 10 2011 @ 11:49 AM EDT
According to Oracle's Jury Duty Policy, they only pay an employees salary for the first 2 weeks. Additionally the time doesn't apply to vacation time or car allowance! OUCH!

I can totally see the judge saying "you do realize that the case you are proposing will probably take over 4 weeks and cost your employees over a month of car allowance and almost a month of pay. How would YOU like being picked to be on this jury?".

[ Reply to This | # ]

Love the Judge too ...
Authored by: Anonymous on Tuesday, May 10 2011 @ 12:58 PM EDT
But,
what is his overturn record? Pithy is nice in politics; not in a court of law if
it's not on target and not doesn't lead to warranted appeals.

[ Reply to This | # ]

Timing is Everything
Authored by: Shadow Wrought on Tuesday, May 10 2011 @ 03:54 PM EDT
As a Paralegal, once upon a time, on a Federal Case we tried to get in the
building as early as possible, but the Guards wouldn't let us in until 7:30.
Hopefully they think to make sure they can get in the building :-)

---
"It's a summons." "What's a summons?" "It means summon's in trouble." -- Rocky
and Bullwinkle

[ Reply to This | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )