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Oracle v. Google – Patent Infringement Instructions, Damage Phase Witnesses, and the Continuing Saga of Infringer’s Profits

The jury is out on the issue of patent infringement, and the instructions issued to the jury (1153 [PDF; Text])are more favorable to Google than originally drafted. Gone are the references to “blind willfulness” and included are the definitions more favorable to Google than to Oracle. The Special Verdict Form (Text) is shortened as well given that the parties stipulated to indirect infringement on a finding of direct infringement. The parties have also teed up their list of witnesses for the damages phase, assuming there is one.

Oracle, as expected, is going to drag in Larry Page and Eric Schmidt, and what would we do without hearing from Tim Lindholm one more time.

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