11-10-07 Oracle Google Witness Lists

8/3/2019 11-10-07 Oracle Google Witness Lists

1/26

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

PLAINTIFFS AND DEFENDANTS FED.R.CIV.P.26(A)(3)DISCLOSURESCASE NO.CV 10-03561 WHA

pa-1490561

MORRISON & FOERSTER LLPMICHAEL A. JACOBS (Bar No. 111664)[email protected] DAVID PETERS (Bar No. 211725)[email protected] P. MUINO (Bar No. 209624)[email protected] Page Mill RoadPalo Alto, CA 94304-1018Telephone: (650) 813-5600 / Facsimile: (650) 494-0792

BOIES, SCHILLER & FLEXNER LLPDAVID BOIES (Admitted Pro Hac Vice)[email protected] Main StreetArmonk, NY 10504Telephone: (914) 749-8200 / Facsimile: (914) 749-8300STEVEN C. HOLTZMAN (Bar No. 144177)[email protected]

1999 Harrison St., Suite 900Oakland, CA 94612Telephone: (510) 874-1000 / Facsimile: (510) 874-1460

ORACLE CORPORATIONDORIAN DALEY (Bar No. 129049)[email protected] K. MILLER (Bar No. 95527)[email protected] M. SARBORARIA (Bar No. 211600)[email protected] Oracle ParkwayRedwood City, CA 94065

Telephone: (650) 506-5200 / Facsimile: (650) 506-7114

Attorneys for PlaintiffORACLE 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 DEFENDANTSFEDERAL RULE OF CIVILPROCEDURE 26(a)(3)DISCLOSURES

Case3:10-cv-03561-WHA Document491 Filed10/07/11 Page1 of 1


2/26

Appendix A

Case3:10-cv-03561-WHA Document491-1 Filed10/07/11 Page1 of 14


3/26

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 ORACLES FED.R.CIV.P.26(A)(3)WITNESS LISTCASE NO.CV 10-03561 WHA

pa-1486903

MORRISON & FOERSTER LLPMICHAEL A. JACOBS (Bar No. 111664)[email protected] DAVID PETERS (Bar No. 211725)[email protected] P. MUINO (Bar No. 209624)[email protected] Page Mill RoadPalo Alto, CA 94304-1018Telephone: (650) 813-5600 / Facsimile: (650) 494-0792

BOIES, SCHILLER & FLEXNER LLPDAVID BOIES (Admitted Pro Hac Vice)[email protected] Main StreetArmonk, NY 10504Telephone: (914) 749-8200 / Facsimile: (914) 749-8300STEVEN C. HOLTZMAN (Bar No. 144177)[email protected]

1999 Harrison St., Suite 900Oakland, CA 94612Telephone: (510) 874-1000 / Facsimile: (510) 874-1460

ORACLE CORPORATIONDORIAN DALEY (Bar No. 129049)[email protected] K. MILLER (Bar No. 95527)[email protected] M. SARBORARIA (Bar No. 211600)[email protected] Oracle ParkwayRedwood City, CA 94065

Telephone: (650) 506-5200 / Facsimile: (650) 506-7114





ORACLE AMERICA, INC.

Plaintiff,

v.

GOOGLE INC.

Defendant.

Case No. CV 10-03561 WHA

PLAINTIFF ORACLES FED. R.CIV. P. 26(a)(3) WITNESS LIST



4/26

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


1

pa-1486903

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 WITNESSESOracle expects to present live testimony from the following witnesses:

Witness Contact Information Substance of Trial TestimonyBloch, Joshua Google. Contact

through Googles

counsel.

Mr. Bloch is a Google engineer who was involvedin the development of Android. He was formerly

an engineer at Sun Microsystems. He is expectedto testify regarding Googles development ofAndroid and inclusion of Java technology therein;Googles copying of Java APIs into Android; thevalue and importance of the Java APIs; Googlescopying of certain Java code into Android;Googles awareness of Suns Java intellectualproperty rights and the need for Google to obtain aJava license for Android; Googles Java-relateddiscussions with Sun and Oracle; and factsrelating to Googles willful patent and copyrightinfringement.

Bornstein, Daniel Google. Contactthrough Googlescounsel.

Mr. Bornstein is a Google engineer who wasinvolved in the development of Android. He isexpected to testify regarding Googlesdevelopment of Android and inclusion of Javatechnology therein; the functionality of theinfringing components of Android, including theDalvik virtual machine, the dexopt component, thedx tool, the zygote process, and the java.securityframework; Googles copying of Java APIs intoAndroid; Googles awareness of Suns Javaintellectual property rights and the need forGoogle to obtain a Java license for Android;Googles Java-related discussions with Sun andOracle; and facts relating to Googles willfulpatent and copyright infringement.



5/26

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


2

pa-1486903

Witness Contact Information Substance of Trial TestimonyBrady, Patrick Google. Contact

through Googlescounsel.

Mr. Brady is Googles Director of AndroidPartner Engineering. He is expected to testifyregarding Googles use of Android devices fortesting and other purposes; Googles developmentof Android applications; Googles involvement inand knowledge of development of Android devicesby third parties; Googles compatibilityrequirements for Android implementations; andfacts relating to Googles willful patent andcopyright infringement

Cockburn, Iain Expert retained byOracle. Contactthrough Oraclescounsel.

Dr. Cockburn is an expert retained by Oracle totestify regarding damages. He will testifyregarding the matters disclosed in his expertreports, including his damages analysis for patentand copyright infringement and all supportinginformation.

Ellison, Larry Oracle. Contactthrough Oraclescounsel.

Mr. Ellison is Oracles founder and CEO. He wiltestify regarding Oracles reasons for acquiringSun Microsystems; the importance of Java toOracles business; Oracles use and licensing ofJava prior to its acquisition of Sun; the effort andresources that Oracle has invested in developingJava; Oracles Java licensing business; the pre-lawsuit Java-related discussions between Oracleand Google; and the harm caused by Android.

Gosling, James Former Sun andGoogle. Currentlywith Liquid Robotics,

Inc. Contact throughMichael Lisi, Esq.,Krieg Keller SloanReilly & Roman, 555Montgomery Street,17th Floor, SanFrancisco, CA 94111.

Dr. Gosling was formerly a software engineer andChief Technology Officer at Sun Microsystems.He is also the named inventor on Oracles 104

patent. He will testify regarding the inventions ofthe 104 patent and their benefits; thedevelopment history, design, and innovations ofthe Java platform, including the Java virtualmachine and class libraries; the creation andimportance of the Java APIs; and the importanceof Java implementation compatibility and Sunsefforts to ensure compatibility and preventfragmentation.

Gupta, Vineet Former Oracle andSun. 2963 Richland

Avenue, San Jose, CA95125.

Mr. Gupta was formerly the Senior Director,Chief Technology Strategy Officer at SunMicrosystems, and subsequently an employee ofOracle. He is expected to testify about Suns andOracles Java business and Java licensing; Sunsand Oracles efforts to prevent fragmentation ofthe Java platform and eco-system, including Javacompatibility requirements; Java-relateddiscussions with Danger, Android, and Google;and the harm caused by Android.



6/26

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


3

pa-1486903

Witness Contact Information Substance of Trial TestimonyKaul, Jeet Former Sun and

Oracle. Currentlywith JuniperNetworks. Contactthrough Oraclescounsel.

Mr. Kaul was formerly the Vice President of theJava Clients Software Group at SunMicrosystems. He will testify regarding SunsJava business and Java licensing; Suns efforts todevelop a smart phone software stack; the impactof Android on Suns Acadia project; Suns effortsto prevent fragmentation of the Java platform andeco-system, including Suns Java compatibilityrequirements; Suns efforts to protect Javaintellectual property; and Java-related discussionsbetween Sun and Google.

Knopoff, Kathleen Former Sun. Contactthrough Oraclescounsel.

Ms. Knopoff was formerly the Senior Director ofBusiness Operations at Sun Microsystems. Shewill testify regarding Suns Java business and Javalicensing; the 2005-2006 Java-related discussionsbetween Sun and Google (Project Armstrong);Suns business model and projected revenues for

Project Armstrong; and the harm caused byAndroid.

Lee, Bob Former Google. 88346th Avenue, SanFrancisco, CA 94121.

Mr. Lee was formerly a Google engineer involvedin the development of Android. He is expected totestify regarding Googles development ofAndroid and inclusion of Java technology therein;Googles copying of Java APIs into Android; thevalue and importance of the Java APIs;Googlesawareness of Suns Java intellectual propertyrights and the need for Google to obtain a Javalicense for Android; and Googles Java-relateddiscussions with Sun.

Lindholm, Tim Google. Contactthrough Googlescounsel.

Mr. Lindholm is a Google engineer who wasformerly employed by Sun. He is expected totestify regarding the development history, design,and innovations of the Java platform, includingthe Java virtual machine and class libraries; theimportance of Java implementation compatibilityto Sun and its efforts to prevent fragmentation;Googles development of Android and inclusionof Java technology therein; Googlesconsideration of alternatives to Java for Android;Googles awareness of Suns Java intellectualproperty rights and the need for Google to obtain aJava license for Android; Googles Java-relateddiscussions with Android; Googles Java-relateddiscussions with Sun and Oracle; and factsrelating to Googles willful patent and copyrightinfringement.



7/26

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


4

pa-1486903

Witness Contact Information Substance of Trial TestimonyMcFadden, Andy Google. Contact


Mr. McFadden is a Google engineer who wasinvolved in the development of Android. He isexpected to testify regarding Googlesdevelopment of Android and inclusion of Javatechnology therein; the functionality of theinfringing components of Android, including theDalvik virtual machine, the dexopt component, thedx tool, the zygote process, and the java.securityframework; Googles copying of Java APIs intoAndroid; Googles awareness of Suns Javaintellectual property rights and the need forGoogle to obtain a Java license for Android;Googles Java-related discussions with Sun andOracle; and facts relating to Googles willfulpatent and copyright infringement.

Mitchell, John Expert retained byOracle. Contact

through Oraclescounsel.

Dr. Mitchell is an expert retained by Oracle totestify regarding patent and copyright

infringement. He will testify regarding thematters disclosed in his copyright reports ofJuly 29, August 12, and August 19, 2011, and hispatent reports of August 8 and September 1, 2011.

Morrill, Dan Google. Contactthrough Googlescounsel.

Mr. Morrill is Googles Technical ProgramManager for Android Compatibility. He isexpected to testify regarding Googlescompatibility requirements for Androidimplementations; Googles use of Android devicesfor testing and other purposes; Googlesdevelopment of Android applications; Googlesinvolvement in and knowledge of development of

Android devices by third parties; and facts relatingto Googles willful patent and copyrightinfringement.

Page, Larry Google. Contactthrough Googlescounsel.

Mr. Page is Googles co-founder and CEO. He isexpected to testify regarding Googles Java-related discussions with Sun and Oracle; Googlesawareness of Suns Java intellectual propertyrights and the need for Google to obtain a Javalicense for Android; the benefits associated withJava and Googles lack of alternatives; Googlesbusiness plan and marketing strategy for Android,including the acquisition of Motorola; benefits toGoogle from Android; Googles revenue andprofit projections for Android, includingadvertising revenues; Googles efforts to preventAndroid fragmentation; and facts relating toGoogles willful patent and copyrightinfringement.



8/26

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


5

pa-1486903

Witness Contact Information Substance of Trial TestimonyReinhold, Mark Oracle. Contact


Dr. Reinhold is Chief Architect of the JavaPlatform Group at Oracle. He will testifyregarding the development history, design, andinnovations of the Java platform, including theJava virtual machine and class libraries; the keydevelopers involved in creating the Java platform;the creation and importance of the Java APIs;Suns copyright registrations for Java; patentedfeatures of the Java platform; the effort andresources that Sun and Oracle have invested indeveloping Java; the nature of the Java SE, ME,and EE platforms; Suns Java business and Javalicensing; and Oracles products that practice theasserted claims of the patents-in-suit.

Rizvi, Hasan Oracle. Contactthrough Oraclescounsel.

Mr. Rizvi is Oracles Senior Vice President ofFusion Middleware and Java. He will testifyregarding Oracles licensing practices for Java;

and the harm caused by Android.

Rubin, Andy Google. Contactthrough Googlescounsel.

Mr. Rubin is a founder of Android Inc. and thehead of Googles Android division. He isexpected to testify regarding development ofAndroid and inclusion of Java technology therein;the Java license obtained by Danger Inc.;discussions between Android Inc. and Sunregarding a Java license; Googles awareness ofSuns Java intellectual property rights and theneed for Google to obtain a Java license forAndroid; Googles Java-related discussions withSun and Oracle; the benefits associated with Java

and Googles lack of alternatives; Googlesbusiness plan and marketing strategy for Android,including the acquisition of Motorola; benefits toGoogle from Android; Googles revenue andprofit projections for Android, includingadvertising revenues; Googles efforts to preventAndroid fragmentation; and facts relating toGoogles willful patent and copyrightinfringement.



9/26

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


6

pa-1486903

Witness Contact Information Substance of Trial TestimonySchmidt, Eric Google. Contact


Mr. Schmidt is Googles Chairman and formerCEO. He was previously Chief TechnologyOfficer at Sun Microsystems. He is expected totestify regarding Googles Java-relateddiscussions with Sun and Oracle; Googlesawareness of Suns Java intellectual propertyrights and the need for Google to obtain a Javalicense for Android; his knowledge of Javatechnology and Suns Java licensing practicesfrom his tenure at Sun; the benefits associatedwith Java and Googles lack of alternatives;Googles business plan and marketing strategy forAndroid, including the acquisition of Motorola;benefits to Google from Android; Googlesrevenue and profit projections for Android,including advertising revenues; Googles effortsto prevent Android fragmentation; and factsrelating to Googles willful patent and copyright

infringement.

Screven, Edward Oracle. Contactthrough Oraclescounsel.

Mr. Screven is Oracles Chief CorporateArchitect. He will testify regarding Oraclesreasons for acquiring Sun Microsystems; theimportance of Java to Oracles business; the harmcaused by Android; and Oracles ownmaintenance of a Java license prior to the Sunacquisition.

Shugan, Steven Expert retained byOracle. Contactthrough Oracles

counsel.

Dr. Shugan is an expert retained by Oracle toconduct a consumer study to evaluate the effect ofparticular technology features on the demand for

Android devices. He will testify regarding thematters disclosed in his September 12, 2011expert report.

Singh, Param Oracle. Contactthrough Oraclescounsel.

Mr. Singh is the Senior Director of Java ProductManagement at Oracle. He was previouslyemployed by Sun Microsystems. He will testifyregarding Suns Java licensing business andpractices; Suns efforts to prevent fragmentationof the Java platform and eco-system, includingSuns Java compatibility requirements; Sunsefforts to protect and enforce Java intellectualproperty; Suns efforts to develop a smart phonesoftware stack; the impact of Android on theAcadia project; and Java-related discussionsbetween Sun and Google.



10/26

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


7

pa-1486903

Witness Contact Information Substance of Trial TestimonySteele, Guy Oracle. Contact


Dr. Steele is a Software Architect at Oracle, andformerly at Sun Microsystems. He will testifyregarding the development history, design, andinnovations of the Java platform; the keydevelopers involved in creating the Java platform;the creation and importance of the Java APIs;Suns copyright registrations for Java; patentedfeatures of the Java platform; the effort andresources that Sun and Oracle have invested indeveloping Java; the nature of the Java SE, ME,and EE platforms; Suns Java business and Javalicensing; and Oracles products that practice theasserted claims of the patents-in-suit

Swetland, Brian Google. Contactthrough Googlescounsel.

Mr. Swetland is a Google engineer who wasinvolved in the development of Android. He isexpected to testify regarding Googlesdevelopment of Android and inclusion of Java

technology therein; Googles copying of JavaAPIs into Android; Googles awareness of SunsJava intellectual property rights and the need forGoogle to obtain a Java license for Android; thebenefits associated with Java and Googles lack ofalternatives; Googles Java-related discussionswith Sun and Oracle; and facts relating toGoogles willful patent and copyrightinfringement.

Oracle may present live testimony from the following witnesses:

Witness Contact Information Trial TestimonyAngioletti, T.J. Oracle. Contact


Mr. Angioletti is an in-house attorney for Oracle.

He may testify regarding the pre-lawsuit Java-

related discussions between Google and Oracle,

including the July 20, 2010 meeting between

counsel for Google and Oracle.

Catz, Safra Oracle. Contactthrough Oraclescounsel.

Ms. Catz is the President of Oracle. She maytestify regarding Oracles reasons for acquiringSun Microsystems; the importance of Java toOracles business; Oracles use and licensing ofJava prior to its acquisition of Sun; the effort andresources that Oracle has invested in developingJava; Oracles Java licensing business; the pre-lawsuit Java-related discussions between Oracleand Google; and the harm caused by Android.



11/26

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


8

pa-1486903

Witness Contact Information Trial TestimonyCizek, Leo Oracle. Contact


Mr. Cizek is an Account Manager, Java Licensingat Oracle. He may testify about Suns andOracles Java business and Java licensing; effortsto prevent fragmentation of the Java platform andeco-system, including through Java compatibilityrequirements; Java-related discussions withDanger, Android, and Google; and the harmcaused by Android.

Goldberg, Ben Expert retained byOracle. Contactthrough Oraclescounsel.

Dr. Goldberg is an expert retained by Oracle totestify regarding the validity of the patents-in-suit.He may testify regarding the matters disclosed inhis August 25, 2011 expert report.

Kearl, James FRE 706 court-appointed expert.Contact through JohnCooper, Esq., Farella

Braun & Martel LLP.

Dr. Kearl is an expert appointed by the Courtunder FRE 706 to testify regarding damages. Hemay testify regarding the matters disclosed in hisexpert report to be submitted on November 14,

2011.

Kessler, Peter Oracle. Contactthrough Oraclescounsel.

Mr. Kessler is an Oracle engineer. He may testifyregarding Oracles products that practice theasserted claims of the patents-in-suit.

Kurian, Thomas Oracle. Contactthrough Oraclescounsel.

Mr. Kurian is Oracles Executive Vice Presidentof Product Development. He may testifyregarding Oracles reasons for acquiring SunMicrosystems; the importance of Java to Oraclesbusiness; Oracles use and licensing of Java priorto its acquisition of Sun; the effort and resourcesthat Oracle has invested in developing Java;

Oracles Java business and Java licensing; the pre-lawsuit Java-related discussions between Oracleand Google; and the harm caused by Android.

Landau, Erez Oracle. Contactthrough Oraclescounsel.

Mr. Landau is an Oracle engineer. He maytestify regarding the performance testing heconducted pertaining to the Android functionalityaccused of infringing the 720 patent, as disclosedin his August 8, 2011 report; and Oraclesproducts that practice the asserted claims of thepatents-in-suit.

Lee, Ben Former Google. 604Wellsbury Court, PaloAlto, CA 94306-3060.

Mr. Lee was formerly an in-house attorney forGoogle. He is expected to testify regarding thepre-lawsuit Java-related discussions betweenGoogle and Oracle, including the July 20, 2010meeting between counsel for Google and Oracle;and Googles awareness of Suns and OraclesJava intellectual property rights and the need forGoogle to obtain a Java license for Android.



12/26

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


9

pa-1486903

Witness Contact Information Trial TestimonyMcGuire, Joshua Google. Contact


Mr. McGuire is an in-house attorney for Google.He is expected to testify regarding the pre-lawsuitJava-related discussions between Google andOracle, including the July 20, 2010 meetingbetween counsel for Google and Oracle; andGoogles awareness of Suns and Oracles Javaintellectual property rights and the need forGoogle to obtain a Java license for Android.

McNealy, Scott Former Sun. Mr. McNealy is the former Chief Executive Officerand Board Chairman of Sun Microsystems. Hemay testify regarding Suns Java business andJava licensing; Java-related discussions betweenSun and Google; Oracles acquisition of Sun; theinterest of Sun and its Board of Directors inpreventing Java fragmentation, enforcing Javaintellectual property rights, and protecting Javalicensing revenue; and Suns position regarding

Googles release of Android and the harm causedby Android.

Messinger, Adam Oracle. Contactthrough Oraclescounsel.

Mr. Messinger is Vice President Development atOracle. He may testify regarding Oracles Javabusiness and Java licensing; and the harm causedby Android.

Pampuch, John Oracle. Contactthrough Oraclescounsel.

Mr. Pampuch is an Oracle engineer. He maytestify regarding Oracles products that practicethe asserted claims of the patents-in-suit.

Periakaruppan,

Nachi

Former Sun. Mr. Periakaruppan was formerly an employee of

Sun Microsystems involved in marketing. He maytestifyregarding Suns Java business and Javalicensing; the 2005-2006 Java-related discussionsbetween Sun and Google (Project Armstrong); andSuns business model and projected revenues forProject Armstrong.

Persi, Lino Oracle. Contactthrough Oraclescounsel.

Mr. Persi is a Sales Manager at Oracle. He maytestify regarding Suns and Oracles Java businessand Java licensing; and the harm caused byAndroid.

Poore, Noel Oracle. Contactthrough Oraclescounsel.

Mr. Poore is an Oracle engineer. He may testifyregarding the performance testing he conductedpertaining to the Android functionality accused ofinfringing the 702 and 520 patents, as disclosedin his August 8, 2011 report; Suns efforts todevelop a smart phone software stack; the impactof Android on the Acadia project; the harm causedby Android; and Oracles products that practicethe asserted claims of the patents-in-suit.



13/26

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


10

pa-1486903

Witness Contact Information Trial TestimonyPurdy, Alan Expert retained by

Oracle. Contactthrough Oraclescounsel.

Mr. Purdy is an expert retained by Oracle toperform a comparison of certain Java andAndroid source code. He may testify regardingthe matters disclosed in his reports of July 29 andAugust 19, 2011.

Schulman, Eric Google. Contactthrough Googlescounsel.

Mr. Schulman is an in-house attorney for Google.He is expected to testify regarding the pre-lawsuitdiscussions between Google and Oracle regardinga Java license, including the July 20, 2010meeting between counsel for the two sides; andGoogles awareness of Suns and Oracles Javaintellectual property rights and the need forGoogle to obtain a Java license for Android.

Serwin, Ken Expert retained byOracle. BerkeleyResearch Group.

Contact throughOracles counsel.

Mr. Serwin is an expert retained by Oracle whomay testify as a rebuttal witness regardingdamages.

Sutphin, Brian Oracle. Contactthrough Oraclescounsel.

Mr. Sutphin is a Senior Vice President at Oracle.He was formerly employed by Sun Microsystems.He may testify regarding Suns and Oracles Javabusiness and Java licensing; Oracles acquisitionof Sun; the interest of Sun and its Board ofDirectors in preventing Java fragmentation,enforcing Java intellectual property rights, andprotecting Java licensing revenue; Suns positionregarding Googles release of Android; and theharm caused by Android.

Vandette, Bob Oracle. Contactthrough Oraclescounsel.

Mr. Vandette is an Oracle engineer. He maytestify regarding the performance testing heconducted pertaining to the Android functionalityaccused of infringing the 104 and 205 patents, asdisclosed in his August 8, 2011 report; andOracles products that practice the asserted claimsof the patents-in-suit.

Visnick, Marc Expert retained byOracle. Contactthrough Oraclescounsel.

Mr. Visnick is an expert retained by Oracle toperform a comparison of certain Java andAndroid source code. He may testify regardingthe matters disclosed in his July 29, 2011 expertreport.

Zavery, Amit Oracle. Contactthrough Oraclescounsel.

Mr. Zavery is Vice President, ProductManagement, Oracle Fusion Middleware. Hemay testify regarding the importance of Java toOracles business; and the harm caused byAndroid.



14/26

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


11

pa-1486903

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 TESTIMONYOracle 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 Contact Information Trial TestimonyAgarwal, Aditya Google. Contact


Mr. Agarwal is a Senior Financial Analyst at

Google. He may testify regarding the benefits toGoogle from Android; and Googles revenue and

profit projections for Android, including

advertising revenues.

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

witness)

Motorola. Contactthrough Tom

Pasternak, Esq.,Steptoe & JohnsonLLP, 115 SouthLaSalle Street, Suite3100, Chicago IL60603.

Mr. Camargo is Senior Director of BSP andKernel at Motorola Mobility. He may testify

regarding the installation of infringingcomponents of Android code on MotorolasAndroid devices; and Motorolas development ofAndroid applications, including use of theAndroid dx tool.

Miner, Rich Google Ventures.Contact throughGoogles counsel.

Mr. Miner was a co-founder of Android Inc. andwas formerly involved in the development ofAndroid at Google. He may testify regarding thedevelopment of Android and inclusion of Javatechnology therein; Googles awareness of SunsJava intellectual property rights and the need for

Google to obtain a Java license for Android;Googles Java-related discussions with Sun andOracle; and facts relating to Googles willfulpatent and copyright infringement.

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



15/26

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


12

pa-1486903

Oracle may offer deposition excerpts and are made without prejudice to Oracle offering other

testimony.

Dated: October 7, 2011 MICHAEL A. JACOBS

MARC DAVID PETERSDANIEL P. MUINOMORRISON & FOERSTER LLP

By: /s/ Daniel P. MuinoDANIEL P. MUINO




16/26

Appendix B



17/26

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

1718

19

20

21

22

23

24

25

26

27

28

GOOGLES 26(A)(3) DISCLOSURECASE NO. 3:10-cv-03561-WHA584161.01

KEKER & VAN NEST LLPROBERT A. VAN NEST - #[email protected] M. ANDERSON - #[email protected] Battery Street

San Francisco, CA 94111-1809Telephone: 415.391.5400Facsimile: 415.397.7188

KING & SPALDING LLPDONALD F. ZIMMER, JR. - #[email protected] A. SABNIS - #[email protected] Second St., Suite 2300

San Francisco, CA 94105Tel: 415.318.1200Fax: 415.318.1300

KING & SPALDING LLPSCOTT T. WEINGAERTNER (Pro Hac Vice)[email protected] F. [email protected] W. BABER (Pro Hac Vice)1185 Avenue of the AmericasNew York, NY 10036Tel: 212.556.2100

Fax: 212.556.2222

IAN C. BALLON - #[email protected] MEEKER - #[email protected] TRAURIG, LLP1900 University AvenueEast Palo Alto, CA 94303Tel: 650.328.8500Fax: 650.328-8508

Attorneys for DefendantGOOGLE INC.




ORACLE AMERICA, INC.,

Plaintiff,

v.

GOOGLE INC.,

Defendant.

Case No. 3:10-cv-03561-WHA

GOOGLES TRIAL WITNESSDISCLOSURE PURSUANT TO FED. R.CIV. P. 26(A)(3)

Judge: Hon. William Alsup

Date Comp. Filed: October 27, 2010

Trial Date: October 31, 2011



18/26

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

1718

19

20

21

22

23

24

25

26

27

28

1GOOGLES RULE 26(A)(3) DISCLOSURECASE NO. 3:10-cv-03561-WHA584161.01

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 Manner ofPresentation

Substance of Trial Testimony

Allison, Dennis Live Dr. Allison is an expert retained by Google to testify

regarding the invalidity of U.S. Patent Nos. RE38,104 and7,426,720. He will testify on the matters disclosed in hisexpert reports of August 8 and September 1, 2011.

August, David Live Dr. August is an expert retained by Google to testifyregarding the non-infringement of U.S. Patent Nos.RE38,104 and 6,910,205. He will testify on the mattersdisclosed in his expert report of August 25, 2011.

Astrachan,Owen

Live Dr. Astrachan is an expert retained by Google to testifyregarding the copyright infringement assertions made byOracle. He will testify on the matters disclosed in hisexpert reports of July 29, August 12 and August 19, 2011.

Bloch, Joshua Live Mr. Bloch is expected to testify regarding the Java andAndroid platforms; work performed by Mr. Bloch for theAndroid team; open source generally; the ApacheHarmony project; and contributions made by Google toJava. He also may testify concerning documents on theexhibit list that are either authored by or were sent to him.

Bornstein, Dan Live Mr. Bornstein is expected to testify regarding his work ondevelopment of the Android platform and for GooglesAndroid team, and his observations derived therefrom;discussions between Google and Sun regarding a possibletechnology partnership and the technical aspects thereof;other virtual machines and/or platforms considered by

Google when developing the Android platform; how theAndroid platform, including components such as theDalvik Virtual Machine and the dx tool, works;alternatives available to Google in designing the Androidplatform in order to avoid alleged infringement of thepatents-in-suit and/or the copyrights-in-suit; anexplanation of the technical issues that accompanydesigning the Android platform in the first instance; andissues that would accompany re-designing the Androidplatform based on the current design of the Android



19/26

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

1718

19

20

21

22

23

24

25

26

27

28




platform. He also may testify concerning documents onthe exhibit list that are either authored by or were sent tohim, or on the subject matter of declarations submitted inthis case.

Brady, Patrick Live Mr. Brady is expected to testify regarding the manner inwhich Google distributes Android source code; andGoogles knowledge, or lack thereof, regarding how usersof that source code may modify it for use in their devices. He also may testify concerning documents on the exhibitlist that are either authored by or were sent to him, or onthe subject matter of declarations submitted in this case.

Bray, Tim Live Mr. Bray is expected to testify regarding the developmentof applications for the Android platform by third-partydevelopers. He also may testify concerning documents onthe exhibit list that are either authored by or were sent tohim.

Catz, Safra Live Ms. Catz is expected to testify about negotiations andcommunications leading to Oracles acquisition of Sun,including communications about either Java or Android;Oracles valuation of Java; Oracles business plans withregard to Java, both pre- and post-acquisition; Oraclesmanagement of Java post-acquisition; Oracles efforts inthe mobile computing space; pre-lawsuit communicationswith Google regarding Android; and Oraclescommunications to the public, Google, and third partiesabout Android, open sourcing and/or about Oraclesdefensive use of patents and copyrights. She also maytestify concerning documents on the exhibit list that areeither authored by or were sent to her.

Cox, Alan Live Dr. Cox is an expert retained by Google to testifyregarding the alleged damages suffered by Oracle as aresult of alleged copyright infringement. He will testify onthe matters disclosed in his expert report of October 3,2011.

Davidson, Jack Live Dr. Davidson is an expert retained by Google to testifyregarding the non-infringement of U.S. Patent No.7,426,720. He will testify on the matters disclosed in hisexpert report of August 25, 2011.

Dewar, Robert Live Dr. Dewar is an expert retained by Google to testifyregarding the invalidity of U.S. Patent No. 6,061,520. He

will testify on the matters disclosed in his expert reports ofAugust 8 and September 1, 2011.

Ellison, Larry Live Mr. Ellison is expected to testify about negotiations andcommunications relating to Oracles acquisition of Sun,including communications about either Java or Android;Oracles valuation of Java; Oracles business plans withregard to Java, both pre- and post-acquisition; Oraclesmanagement of Java post-acquisition; Oracles efforts inthe mobile computing space; Oracles participation in and



20/26

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

1718

19

20

21

22

23

24

25

26

27

28




communications with the Java Community Process; hisand Oracles communications to the public, Google andthird parties about Android, open sourcing and/orOracles defensive use of patents and copyrights; andcommunications with Google regarding Android. He also

may testify concerning documents on the exhibit list thatare either authored by or were sent to him.

Gupta, Vineet Live or bydeposition

Mr. Gupta is expected to testify regarding Suns Javalicensing business model, strategies, and practices;negotiations between Sun and Google regarding apotential technology partnership to develop the Androidplatform; and communications concerning Android andthe Dalvik VM. He also may testify concerningdocuments on the exhibit list that are either authored by orwere sent to him.

Leonard,Gregory

Live Dr. Leonard is an expert retained by Google to testifyregarding the alleged damages suffered by Oracle as aresult of alleged patent infringement. He will testify on thematters disclosed in his expert report of October 3, 2011.

Levine, John Live Dr. Levine is an expert retained by Google to testifyregarding the invalidity of U.S. Patent Nos. 5,966,702 and6,910,205. He will testify on the matters disclosed in hisexpert reports of August 8 and September 1, 2011.

Mazires,David

Live Dr. Mazires is an expert retained by Google to testifyregarding the non-infringement and invalidity of U.S.Patent Nos. 6,125,447 and 6,129,476. He will testify onthe matters disclosed in his expert reports of August 8,August 25, and September 1, 2011.

Parr, Terence Live Dr. Parr is an expert retained by Google to testifyregarding the non-infringement of U.S. Patent Nos.5,966,702 and 6,061,520. He will testify on the mattersdisclosed in his expert report of August 25, 2011.

Poore, Noel Live Mr. Poore is an Oracle engineer who performed workrelating to alleged benchmarks of the 520 and 702patents. He is expected to testify regarding his work inthat regard, as set forth in his August 8, 2011 report; otherOracle analysis of, and experimentation with, the Androidplatform; Suns efforts in the mobile computing space,including market perceptions of Java and the potential useof all or part of the Android platform. He also may testify

concerning documents on the exhibit list that are eitherauthored by or were sent to him.

Risvi, Hasan Live or bydeposition

Mr. Risvi is expected to testify regarding Suns (and nowOracles) Java business model, strategies, practices, andfinances; Oracles acquisition of Sun; and Oraclesnegotiations with Google regarding Android andintellectual property issues related thereto. He also maytestify concerning documents on the exhibit list that areeither authored by or were sent to him.



21/26

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

1718

19

20

21

22

23

24

25

26

27

28




Rubin, Andrew Live Mr. Rubin is expected to testify about the efforts and costsincurred in developing and ultimately open sourcing theAndroid platform; open source generally; Googles effortsto develop a mobile platform, and Googles businessmodel and goals in the mobile market; Googles business

and marketing strategies concerning Android; theadoption of the Android platform and factors that havedriven demand for it; alternative platforms available toAndroid; Googles discussions with Sun regardingAndroid and regarding a potential partnership; andGoogles discussions with Oracle concerning Android. Healso may testify concerning documents on the exhibit listthat are either authored by or were sent to him.

Schwartz,Jonathan

Live or bydeposition

Mr. Schwartz is expected to testify regarding negotiationsbetween Sun and Google for a potential technologypartnership in the mobile computing space; his own andSuns representations to the public, Google, and third

parties concerning Java, the licensing of Java, Android,and Suns intention of using its copyrights and patentsonly for defensive purposes; Suns actions and/or inactionrelating to enforcement of its patents and copyrights;Sun/Oracles position with regard to open sourcing;Oracles positions with regard to Java licensing; the Javaecosystem generally; his own and Suns representations tothe public, Google and third parties regarding Android;Suns knowledge of Android; his own and Sunsexpectations regarding Androids effect on the Javaecosystem; negotiations and communications relating toOracles acquisition of Sun. He also may testifyconcerning documents on the exhibit list that are either

authored by or were sent to him.

Wojcicki,Susan

Live Ms. Wojcicki is expected to testify about Googlesbackground, history, product development, advertisingbusiness, revenues, and potential sharing of revenues;factors that have driven revenue and profitability inGoogles search and advertising business; and therelationship, if any, between that business and the mobiletechnology business and/or Android. She also may testifyconcerning documents on the exhibit list that are eitherauthored by or were sent to her.

2. Google may also call the following witnesses, contact information for whom has

already been provided:



Buccholz,Martin

Live Mr. Buccholz may testify in regard to communicationsbetween Google and Sun; open source generally; andcontributions made by Google to Java. He also may



22/26

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

1718

19

20

21

22

23

24

25

26

27

28




testify concerning documents on the exhibit list that areeither authored by or were sent to him.

Cizek, Leo Live or bydeposition

Mr. Cizek may testify about Suns communications andbusiness relationships with Google, and about Suns

practices concerning enforcement of Suns allegedintellectual property rights. He also may testifyconcerning documents on the exhibit list that are eitherauthored by or were sent to him.

Cockburn, Iain Live Dr. Cockburn is an expert retained by Oracle. Googlemay call him to testify as to opinions set forth in his expertreports of May 21, 2011 and September 12, 2011.

Eustace, Alan Live Mr. Eustace may testify about communications betweenOracle and Google concerning Oracles allegations ofinfringement. He also may testify concerning documentson the exhibit list that are either authored by or were sentto him.

Fresko, Nedim Live or bydeposition

Mr. Fresko, a named inventor on U.S. Patent Nos.7,426,720 and 5,966,702, may testify regarding thecontent of those patents and/or his work that led to theissuance of those patents. He also may testify concerningdocuments on the exhibit list that are either authored by orwere sent to him.

Gering, Craig Live Mr. Gering may testify concerning Suns analysis of theAndroid platform. He also may testify concerningdocuments on the exhibit list that are either authored by orwere sent to him.

Goldberg,

Benjamin

Live Dr. Goldberg is an expert retained by Oracle. Google

may call him to testify as to opinions set forth in his expertreport of August 25, 2011.

Gries, David Live Dr. Gries is a professor at Cornell University, and theauthor of Compiler Construction for Digital Computers(John Wiley & Sons, 1971). He may testify regarding thecontent of that work and the concepts that it contains.

Greisemer,Robert

Live Dr. Griesemer is a Google employee, and a namedinventor on U.S. Patent No. 6,910,205. Google may callhim to testify regarding the content of that patent; his workthat led to the issuance of that patent; and/or theincorporation of the patented technology into any versionsof Java.

Harris, Steven Live or bydeposition

Mr. Harris may testify concerning Oracles conductrelating to open sourcing of Java from 2000 to thepresent. He also may testify concerning documents on theexhibit list that are either authored by or were sent to him.

Kearl, James Live Dr. Kearl is an expert appointed by the Court underFederal Rule of Evidence 706 to testify as to damagesissues. He may testify as to the opinions disclosed in hisexpert report, which has not yet been served.



23/26

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

1718

19

20

21

22

23

24

25

26

27

28




Kehring, Doug Live or bydeposition

Mr. Kehring may testify concerning Oracles negotiationsand communications, and financial analyses, regarding itsacquisition of Suns intellectual property rights concerningJava as part of the acquisition of Sun. He may also testifyconcerning documents on the exhibit list that are either

authored by or were sent to him.

Kessler, Peter Live or bydeposition

Mr. Kessler may testify concerning Oracles allegedconception, reduction to practice, and use of U.S. PatentNos. 6,910,205 and RE38,104, including but not limited toin the JDK; and Oracles benchmarking tests and relatedAndroid and Java source code modifications. He may alsotestify concerning documents on the exhibit list that areeither authored by him or were sent to him.

Landau, Erez Live Mr. Landau is an Oracle engineer who performed workrelating to alleged benchmarks of the 720 patent. Googlemay call him to testify regarding his work in that regard,

as set forth in his August 8, 2011 report.Lee, Bob Live or by

depositionMr. Lee may testify regarding regarding the Java andAndroid platforms; open source generally; and workperformed by Mr. Lee for the Android team. He also maytestify concerning documents on the exhibit list that areeither authored by or were sent to him.

Lindholm, Tim Live Mr. Lindholm may testify in response to evidence offeredby Oracle concerning willfulness, and the scope of histestimony will depend upon the outcome of Googleschallenges to the admissibility of the Lindholm email.

Lockheimer,

Hiroshi

Live Mr. Lockheimer may testify about the process of

developing Android, including his work on development ofthe Android platform and for Googles Android team; howAndroid works; other alternatives considered by oravailable to Google when developing Android; and issuesrelating to designing or re-designing the Android platform.He also may testify concerning documents on the exhibitlist that are either authored by or were sent to him.

Lord, Peter By depositiondesignation

Mr. Lord may testify as to Oracles involvement in theJava Community Process prior to its acquisition of SunMicrosystems; orprior efforts by Oracle to convince SunMicrosystems to provide a license to Java allowing Javato be used in an open source manner free of field-of-userestrictions. He also may testify concerning documents onthe exhibit list that are either authored by or were sent tohim.

Magnusson,Peter

Live Dr. Magnusson, the author of the article PartialTranslation, SICS Technical Report T93:05 (Oct. 1993),may testify as to the content of that article and the workthat led up to its publication; and his personal experiencein the field of designing solutions to speed up simulatorsand interpreters.



24/26

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

1718

19

20

21

22

23

24

25

26

27

28




McFadden,Andy

Live Mr. McFadden may testify about the development ofAndroid, including his work on development of theAndroid platform and for Googles Android team; howAndroid works; other alternatives considered by oravailable to Google when developing Android; and issues

relating to designing or re-designing the Android platform.He also may testify concerning documents on the exhibitlist that are either authored by or were sent to him.

Mitchell, John Live Dr. Mitchell is an expert retained by Oracle. Google maycall him to testify as to opinions set forth in his expertreports of July 29, August 8, August 12, August 19, andSeptember 1, 2011.

Morton,Geoffrey


Mr. Morton may testify regarding the licensing history forJava. He may also testify concerning documents on theexhibit list that are either authored by or were sent to him.

Nishar,

Dipchand

Live Mr. Nishar may testify regarding the role of the mobile

market in Googles strategy for developing Android; andGoogles practices in negotiating intellectual propertylicenses and distribution agreements. He also may testifyconcerning documents on the exhibit list that are eitherauthored by or were sent to him.

Page, Larry Live Mr. Page may testify about Googles acquisition ofAndroid; negotiations between Sun and Google for apotential technology partnership in the mobile computingspace; Googles efforts to develop a mobile platform, andGoogles business model and goals in the mobile market;communications with Sun and/or Oracle regardingAndroid; and Googles background, history, product

development, advertising business, and revenues. He alsomay testify concerning documents on the exhibit list thatare either authored by or were sent to him.

Palay, Andrew Live Dr. Palay, a named inventor on United States Patent No.5,613,120, may testify as to the content of that patent andthe work that led up to the issuance of the patent; and hisexperience in the field of designing solutions that minimizethe memory required for combined files created fromseparate files that contain duplicative constants.

Pampuch, John Live or bydeposition

Mr. Pampuch may testify about Oracles alleged practiceof U.S. Patent No. 5,966,702, including by JavaOS; sourcecode and documents relating to JavaOS; and Oracles

retention and production of such documents. He may alsotestify concerning documents on the exhibit list that areeither authored by or were sent to him.

Purdy, Alan Live Mr. Purdy is an expert retained by Oracle. Google maycall him to testify as to opinions set forth in his expertreports of July 29 and August 19, 2011.

Reinhold, Mark Live or bydeposition

Mr. Reinhold may testify about Suns practices andpolicies relating to alleged Java intellectual propertyrights; Suns communications with Apache and/or



25/26

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

1718

19

20

21

22

23

24

25

26

27

28




communications concerning Apache Harmony; Sunspolicies and practices with respect to licensing and opensourcing Java-related software and platforms; the JavaCommunity Process; and alleged fragmentation orforking. He also may testify concerning documents on

the exhibit list that are either authored by or were sent tohim.

Ripley, Lisa Live or bydeposition

Ms. Ripley may testify about Oracles policies andpractices involving the preservation and production ofdocuments and other evidence by Oracle, in general andwith regard to documents relevant to this case; andOracles destruction of otherwise discoverable evidence.She also may testify concerning documents on the exhibitlist that are either authored by or were sent to her.

Rizzo, John Live Mr. Rizzo may testify regarding Suns negotiationpractices regarding Java licenses; Suns development ofone-off versions of its Java ME platform for customers;open source generally; the Apache Harmony project; andfragmentation of the Java ecosystem. He also may testifyconcerning documents on the exhibit list that are eitherauthored by or were sent to him.

Schmidt, Eric Live Mr. Schmidt may testify about communications betweenSun and Google concerning a potential technologypartnership in the mobile computing space; Googlesefforts to develop a mobile platform, and Googlesbusiness 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 aboutSuns position on copyrightability, licensing andenforcement of alleged intellectual property rights. Healso may testify concerning documents on the exhibit listthat are either authored by or were sent to him.

Screven,Edward


Mr. Screven may testify concerning government reportsconcerning Oracles acquisition of Suns intellectualproperty rights concerning Java as part of the acquisitionof Sun. He may also testify concerning documents on theexhibit list that are either authored by or were sent to him.

Singh, Param Live or by

deposition

Mr. Singh may testify concerning the business model and

marketing strategy for Java, including the allegedimportance of preventing so-called fragmentation ofJava. He may also testify concerning documents on theexhibit list that are either authored by or were sent to him.

Vandette,Robert

Live Mr. Vandette is an Oracle engineer who performed workrelating to alleged benchmarks of the 104 and 205patents. Google may call him to testify regarding hiswork in that regard, as set forth in his August 8, 2011report.



26/26

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

1718

19

20

21

22

23

24

25

26

27

28



Visnick, Marc Live Mr. Visnick is an expert retained by Oracle. Google maycall him to testify as to opinions set forth in his expertreport of July 29, 2011.

Oracles

Custodian ofRecords

Live Oracles custodian of records may be called to testify as to

the authenticity and/or business records status ofdocuments on exhibit list (in the event of a dispute amongthe parties over authenticity or business records status).

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 NESTAttorneys for DefendantGOOGLE INC.


Documents

11-10-07 Oracle Google Witness Lists