Oracle and Google are after each other still. Not terribly surprising.
On Monday of this week Judge Alsup settled the issue of whether Oracle would be permitted to depose any or all of the technical witnesses on which Drs. Leonard and Cox relied in preparing their damages reports by granting Oracle the right to depose any three of seven such witnesses. (Copyright Fight Moves To Trial; Oracle Gains Some Depos) Oracle had already identified Tim Bray and John Rizzo as two of those deponents, and Google had agreed to produce them. So what the judge’s ruling really did was to limit Oracle to one additional deponent out of the remaining five witnesses. Oracle has decided that deponent will be Dan Bornstein, a witness Oracle has already deposed for two full days.
The remaining issue to be settled was when to schedule these depositions. Given that the trial has been delayed, time isn’t an issue, but timing is. Bornstein is readily available and the parties quickly agreed to a November 21 deposition date for him. The problem arose with Bray and Rizzo. Bray is out of the country on an extended business trip and Rizzo is not a Google employee. The court had set a deadline for these depositions of November 21, but Bray and Rizzo are not available on or before that date.
[From Oracle v. Google - Oracle Names Final Three Deponents]
