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Judge rules on contested evidence in Oracle-Google case

Chris Kanaracus | Jan. 5, 2012
Oracle and Google have both won and lost in a number of their efforts to keep evidence out of the upcoming trial in Oracle's lawsuit against Google over the Android mobile OS. At issue is whether Google has infringed on Oracle's intellectual property rights by using Java without properly licensing it.

Among other things, Alsup's ruling also conditionally granted an Oracle motion to "exclude evidence or argument that Google relied on legal advice" in deciding to create and release Android. "No reference shall be made by either side to advice of counsel to Google without a specific proffer and approval by the Court in advance," he wrote.

But Alsup shot down an Oracle motion concerning the ability of Google to present evidence that third-party equipment manufacturers had "changed infringing components of Android."

"Google will be held to its discovery responses and will not be allowed to present Google employees, officers, or directors on the subject of original equipment manufacturer (OEM) modifications of Android code, having said that it is ignorant on the subject," Alsup wrote. "Google is not barred, however, from presenting third-party percipient witnesses or third-party documents obtained via trial subpoena from OEMs on the same topic."

The judge's rulings further set the stage for the upcoming trial, which Alsup said earlier on Wednesday will begin "on or after" March 19.


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