"The original 2012 trial was a who's who of Silicon Valley, with Oracle CEO Larry Ellison, Google leaders Eric Schmidt and Larry Page and Android co-founders Andrew Rubin and Rich Miner among those testifying. UC-Hastings intellectual property professor Ben Depoorter said Monday it's not clear how many of them, if any, would likely testify at a retrial on fair use. But, he said, fair use is notoriously fact intensive.
"You'd want to use everything that you used before that got the jury to deadlock, and add something that pushes them over," said Depoorter, one of 30 law professors who signed an amicus brief for Google at the Supreme Court."