Copies are being made. Judge is going to come out.
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Google: Wellll that's not the question they're asking
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lmao the second question is whether the jurors can review exhibits alone if they arrive early or stay late. Both Oracle & Google agree no
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Third question: Can the jurors take the jury instructions home with them at night? O & G agree no.
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lol they're making it pretty hard for jurors
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Alsup is mad about Google not wanting jurors to take their notepads home. "You must think you're going to lose this case. This is shocking."
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owned
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Alsup saying that in another case, the jurors devoted an entire day to just reading the exhibits and their notes. Asks how that's different.
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Google says there's no meaningful distinction between preventing jury from doing that and the other stuff, so Google would want to prevent
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Alsup: This is one of the best juries in the history of the courthouse.
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Says it's fallacious to say that jurors are going to confer with others outside the court.
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Says that Google is preventing them from reading their own notes.
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Oracle says they're just trying to be consistent and that they should let the jurors take the notes home.
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Alsup: The lawyers must remember the jury is a statutory body. ... It's not just some handpicked dream team you lawyers get to work on.
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Alsup: They have a statutory duty to decide the case, and however they want to do it, as long as they don't get extraneous information,
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and they come to a unanimous verdict, they don't have to deliberate at all. It's up to them on how they want to deliberate.
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Alsup: I feel as a judge to have a duty to respect the role of the jury and not to hamstring them just because the lawyers want to
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For now, Alsup will say the jurors can't do these things, but overnight, Oracle and Google have to brief this issue and come up with caselaw
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Doesn't matter that O & G agree on Questions #2 and #3, Alsup says he's protecting the "integrity of the jury"
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Oracle and Google have to file their briefs by midnight tonight, and Alsup says he's on the verge of just telling the jurors they can do it
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Alsup now writing out reply to jury saying "Please do not do this yet. I will advise tomorrow."
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A passle of Keker lawyers just showed up, in case you were worried that there weren't enough billables in this case
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Alsup confirms that they're going to "wheel in the computer thing" and sighs, "hope that's done..."
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Alsup reiterates that not letting jurors take home the instructions / notes is not being fair to the jury.
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Alsup: You can't stop them from thinking about the case driving home. You can't stop them from thinking about it in the middle of the night.
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We're done for now. Alsup leaves the courtroom.
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well I know I'M waking up in the middle of the night going, "What really happened at that bat mitzvah?"
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1 pm. No verdict today. We'll be on to Jury Watch Day 2 tomorrow.
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For those asking, I have no idea why Google is objecting to the jury taking their notes home. It does seem a bit much.
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If you're a litigator (especially patents / tech), feel free to speculate in my mentions, I will retweet.
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(I will not retweet Hacker News-style comments)
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