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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ORACLE AMERICA, INC.,

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For the Northern District of California

United States District Court

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No. C 10-03561 WHA

Plaintiff,
v.
GOOGLE INC.,

NOTICE RE TRIAL STRATEGY

Defendant.
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Counsel should bear in mind that, in declining to bar categories of evidence at the

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outset, the Court is keeping open the possibility that as the trial develops and it becomes evident

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how evidence and argument is used or misused, the Court may restrict lines of evidence,

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themes, and arguments and may instruct the jury that certain arguments should or should not be

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considered. As in all trials, counsel must feel their way and should not later insist that they

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relied on rulings early on refusing to bar evidence at the threshold (or limiting the use of

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evidence). The same is true for the jury instruction on fair use. The trial itself may persuade

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the judge that modifications are needed. Proceed on notice of that possibility.

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Dated: May 5, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE