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ESI Disputes in the Oracle-Google Android Litigation

Last week’s docket in the Oracle-Google patent/copyright infringement litigation saw a flurry of activity, including two jointly-filed letters to the court involving ESI-related disputes (both dated Aug. 5, 2011: one was filed on Aug. 5, the other on Aug. 6).

  • One letter summarizes the status of various discovery disputes.
  • The second letter embodies Oracle’s motion to compel Google to produce/re-produce multiple versions of an internal Google email that may be relevant to Oracle’s claims of willful infringement.  The motion covers a total of 12 documents (10 drafts of the email and two copies of the email that was ultimately sent), nine of which Google produced and subsequently clawed back under a claim of privilege. (more…)

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