Alsup's order is: You two, today is Wednesday, tomorrow and Friday, you two get to meet and confer all day long at whatever place you want.
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ORACLE: On the day Oracle rested its case, Google announced, “We’ve been working in secret for months, ...
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and we’re building a whole new platform ... to run Android on Chromebook.”
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ORACLE: Your honor, that announcement was directly contrary to the discovery answers that were given in this case.
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Flashback: key argument in the case was that Android did not compete with Java SE because it was not for desktop.
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ORACLE: Does this platform infringe? Yes, it incorporates the whole API of Marshmallow which they stipulated contains the 37 APIs.
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ORACLE: Was this a game-changer? Of course it was a gamechanger.
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ORACLE: The only thing their experts had to say under Factor 4 was that it was not harming Java SE because it’s not on desktops and laptops
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ORACLE: This is outrageous. They were working on it for months. Google knew what they were doing.
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ORACLE: They didn’t disclose it despite diligent discovery requests.
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ORACLE: That whole foundation is gone. ... It’s not transformative now because it’s on desktops and laptops.
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ORACLE: The market analysis of how harm didn’t occur is all gone now because it’s on desktops and laptops.
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Hurst quotes from the announcement at I/O.
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“I’m super excited to be here b/c I can finally tell you what we’ve been working on for the last few months so it’s not a secret anymore."
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Hurst emphasis "months" and "secret."
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Google will be arguing that they did disclose by disclosing a project called "arcwelder." Oracle says arcwelder is not the same.
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Oracle points to the announcement itself, which refers to it as "a whole new platform."
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Google says ARC was the same (App Runtime for Chrome) -- allowed Android apps to run on Chrome OS devices.
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They disclosed ARC and in fact one of Oracle's experts devoted 17 paragraphs in his report to ARC.
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Google says that Oracle already tried to bring ARC and other products into it, and that the court struck testimony about these products.
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All of these products were created after the first trial. This limited retrial was frozen in time, looking at what was available in 2012.
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Products include later implementations, Android TV, Android Wear, Android Auto.
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ALSUP: Do you concede that Oracle is entitled to bring a new lawsuit against any new product that was not in the first trial?
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GOOGLE: [Collateral estoppel issues aside], Yes.
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I just died
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I died
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