Google Loses Bid to Seal Records in Patent Case With Oracle
Claiming attorney-client privilege, Google sought to protect parts of a transcript of a hearing about expert witnesses containing references to a company document, U.S. District Judge William Alsup in San Francisco said in an order yesterday.
The document is “an incomplete draft of an e-mail message” and “never was sent to anyone,” Alsup wrote in denying Mountain View, California-based Google’s request. “Thus, the document is not a communication of any type, much less a communication protected by the attorney-client privilege.”
Alsup wrote in a July 22 filing that the passage in question was from an internal e-mail in 2010 to Google executive Andy Rubin saying “the technical alternatives to using Java for Android ‘all suck’ and stating, ‘we conclude that we need to negotiate a license for Java under the terms we need.’”
“We aren’t commenting on this,” Katelin Todhunter- Gerberg, a Google spokeswoman, said in an e-mailed message.
The case is Oracle America Inc. v. Google Inc., 3:10-cv- 03561, U.S. District Court, Northern District of California (San Francisco).
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