In the always-interesting case of Oracle v. Google regarding Google’s alleged use of Java technology in Android, which we at IPValueBlog have followed, Judge Alsup decided to give Oracle’s damages expert a third attempt at a damages opinion, but Oracle will have to pay Google’s costs of rebutting it.
The court also notes that Oracle cannot change or add damages experts, cannot depose Google’s expert on his rebuttal, must confine themselves to areas stricken by the court, and might “be impeached at trial by [Cockburn’s] track record of rejected methodologies.”
The court notes: “Oracle has already had two full and fair opportunities and has overreached on both. Oracle has behaved unreasonably and should bear the burden of the consequences. Apart from reasonableness or not, allowing a third try of this magnitude is rare in federal litigation and the party responsible for the need for a third try should bear the full burden thereof.”
Oracle America, Inc. v. Google Inc., 3-10-cv-03561 (N.D. CA, January 20, 2012, Order) (Alsup)