Oracle Corporation et al v. SAP AG et al

Filing 1007

Exhibit and Witness List. (nah, COURT STAFF) (Filed on 11/23/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 1007

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No: C-07-1658 PJH Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST JUDGE Phyllis J. Hamilton PLAINTIFF ATTORNEY:
Geoffrey Howard; Donn Pickett; Zachary Alinder; Steven Holtzman; Holly House; David Boies

DEFENSE ATTORNEY:
Tharan Gregory Lanier; Jacqueline Lee; Robert Mittelstaedt

JURY SELECTION: 11/1/10 TRIAL DATE:
PLF NO. DEF NO
DATE/TIME

REPORTER(S):
Raynee Mercado and Diane Skillman EVI. REC DESCRIPTION

CLERK: Nichole Heuerman BY

OFFERED

ID

8:19 a.m. 8:35 a.m. 9:00 a.m. 10:28 a.m. 10:47 a.m. 11:44 a.m.

the court is in session; the court discusses some preliminary issues in camera. the jury is brought in and the court reads the preliminary jury instructions opening statements by plaintiffs' the court takes a 15 minute break the court is back in session; opening statements by defendants' plaintiffs' call first witness Buffy Ransom demonstrative 14 used in conjunction with this witness

545-4

11/2/10 12:03 p.m. 12:15 p.m. 12:16 p.m. 12:16 p.m. 12:18 p.m. 12:36 p.m.

x

x

plaintiffs' exhibit 545-4-screen shot from video cross examination of Ms. Ransom re-direct examination of Ms. Ransom Ms. Ransom is excused; the jury takes a 15 minute break the court discusses issues regarding exhibits with the parties the court takes a break the court is back in session; plaintiffs' call second witness Edward Screven demonstratives 1, 3, 5 and 6 used in conjunction with this witness

21151 4813

11/2/10 11/2/10 1:09 p.m.

x x

x x

plaintiffs' exhibit 2115-1-photo of CD titled "Oracle Database 10g: Release 2" plaintiffs' exhibit 4813-certificates of copyright registration Mr. Screven is excused Page One
Dockets.Justia.com

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO

DATE OFFERED

ID

REC

DESCRIPTION

BY

1:10 p.m. 1:28 p.m. 1:29 p.m.

plaintiffs' call third witness John Ritchie by video deposition the jury is release for the day plaintiffs' request for a curative instruction regarding defendants' opening statements is denied by the court as stated on the record. the court is adjourned for the day Thursday November 4, 2010

1:35 p.m.

8:10 a.m. 8:16 a.m. 8:43 a.m. 8:43 a.m. 8:44 a.m. 12 43 106 161 177 267 380 404 11/4/10 11/4/10 11/4/10 11/4/10 11/4/10 11/4/10 11/4/10 11/4/10 9:25 a.m.
4811

the court is back in session; the court discusses issues with the parties in camera the court is back on the public record and discusses preliminary issues with the parties the jury is now present the court informs the jury that no further testimony is necessary for Mr. Ritchie plaintiffs' call fourth witness Thomas Ziemen by video deposition x x x x x x x x x x x x x x x x plaintiffs' exhibit 12 plaintiffs' exhibit 43 plaintiffs' exhibit 106 plaintiffs' exhibit 161 plaintiffs' exhibit 177 plaintiffs' exhibit 267 plaintiffs' exhibit 380 plaintiffs' exhibit 404 plaintiffs' call fifth witness Charles Phillips x x plaintiffs' exhibit 4811 cross examination of Mr. Phillips x x defendants' exhibit A-278 the court takes a 15 minute break Page 2

11/4/10 10:01 a.m.
A278

11/4/10 10:19

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO

DATE OFFERED

ID

REC

DESCRIPTION

BY

10:37 a.m.
A277 A281

the court is back in session; continued cross examination of Mr. Phillips x x x x x x x x defendants' exhibit A-277 defendants' exhibit A-281 defendants' exhibit A-6084 defendants' exhibit A-6085 re-direct examination of Mr. Phillips Mr. Phillips is excused plaintiffs' calls sixth witness Shai Agassi by video deposition x x x x x x x x x x x x x x x x x x x x x x plaintiffs' exhibit 3 plaintiffs' exhibit 6 plaintiffs' exhibit 8 plaintiffs' exhibit 10 plaintiffs' exhibit 18 plaintiffs' exhibit 22 plaintiffs' exhibit 24 plaintiffs' exhibit 127 plaintiffs' exhibit 154 plaintiffs' exhibit 157 plaintiffs' exhibit 183 plaintiffs' call seventh witness John Zepeke plaintiffs' exhibits 6 and 12 already marked and admitted used in conjunction with this witness

11/4/10 11/4/10 11/4/10 11/4/10 11:07 a.m. 11:10 a.m. 11:11 a.m.

A6084 A6085

3 6 8 10 18 22 24 127 154 157 183

11/4/10 11/4/10 11/4/10 11/4/10 11/4/10 11/4/10 11/4/10 11/4/10 11/4/10 11/4/10 11/4/10 11:47 a.m.

11 19 15

11/4/10 11/4/10 11/4/10

x x x

x x x

plaintiffs' exhibit 11 plaintiffs' exhibit 19 plaintiffs' exhibit 15 Page 3

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO

DATE OFFERED

ID

REC

DESCRIPTION

BY

7 14

11/4/10 11/4/10 12:15 p.m. 12:35 p.m. 12:47 p.m. 12:57 p.m. 12:59 p.m. 1:00 p.m.

x x

x x

plaintiffs' exhibit 7 plaintiffs' exhibit 14 the court takes a 15 minute break the court is back in session; continued direct examination of Mr. Zepeki cross examination of Mr. Zepeki re-direct examination of Mr. Zepeki Mr. Zepeki is excused plaintiffs' call eighth witness Gerhard Oswald by video deposition plaintiffs' exhibits 3, 8, 12, 24, 161 and 267 already marked and admitted used in conjunction with this witness

35 133 141 151 156 245 435

11/4/10 11/4/10 11/4/10 11/4/10 11/4/10 11/4/10 11/4/10 1:25 p.m. 1:26 p.m. 1:27 p.m.

x x x x x x x

x x x x x x x

plaintiffs' exhibit 35 plaintiffs' exhibit 133 plaintiffs' exhibit 141 plaintiffs' exhibit 151 plaintiffs' exhibit 156 plaintiffs' exhibit 245 plaintiffs' exhibit 435 the jury is excused for the day the court discusses issues regarding jury instructions the court is adjourned for the day Friday November 5, 2010

8:22 a.m. 8:30 a.m. 9:06 a.m.

the court is back in session; the court handles preliminary issues with the parties the jury is now present; continued video deposition of Mr. Oswald plaintiffs' calls ninth witness Gregory Nelson by video deposition Page 4

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO

DATE OFFERED

ID

REC

DESCRIPTION

BY

299 353
A1578

11/5/10 11/5/10 11/5/10 9:20 a.m.

x x x

x x x

plaintiffs' exhibit 299 plaintiffs' exhibit 353 defendants' exhibit plaintiffs' call tenth witness Richard Allison

2841

11/5/10 9:31 a.m. 9:44 a.m. 9:44 a.m. 9:45 a.m.

x

x

plaintiffs' exhibit 2841 cross examination of Mr. Allison re-direct examination of Mr. Allsion Mr. Allison is excused plaintiffs' call eleventh witness John Baugh by video deposition

504 475

11/5/10 11/5/10 10:10 a.m. 10:27 a.m.

x x

x x

plaintiffs' exhibit 504 plaintiffs' exhibit 475 the court takes a 15 minute break plaintiffs' call twelfth witness Werner Brandt-assisted by German Interpreter Arriana Schneider-Stocking plaintiffs' exhibits 19, 154 and 156 already marked an admitted used in conjunction with this witness

1 2 5 20 27 36 44 53 112

11/5/10 11/5/10 11/5/10 11/5/10 11/5/10 11/5/10 11/5/10 11/5/10 11/5/10

x x x x x x x x x

x x x x x x x x x

plaintiffs' exhibit 1 plaintiffs' exhibit 2 plaintiffs' exhibit 5 plaintiffs' exhibit 20 plaintiffs' exhibit 27 plaintiffs' exhibit 36 plaintiffs' exhibit 44 plaintiffs' exhibit 53 plaintiffs' exhibit 112 Page 5

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO

DATE OFFERED

ID

REC

DESCRIPTION

BY

121 139 171 266

11/5/10 11/5/10 11/5/10 11/5/10 12:49 p.m.

x x x x

x x x x

plaintiffs' exhibit 121 plaintiffs' exhibit 139 plaintiffs' exhibit 171 plaintiffs' exhibit 266 cross examination of Mr. Brandt plaintiffs' exhibits 24, 12 and 19 already marked and admitted used in conjunction with this witness

A4027

11/5/10 11/5/10 1:13 p.m. 1:28 p.m. 1:30 p.m. 1:30 p.m. 1:42 p.m.

x x

x x

defendants' exhibit A-4027 plaintiffs' exhibit 27 and defendants' exhibit A-19 (same document) re-direct examination of Mr. Brandt Mr. Brandt is excused the jury is released for the day the court discussed time limits and witnesses for Monday with the parties the court is adjourned for the day Monday November 8, 2010

27

A-19

8:31 a.m. 8:31 a.m. 193 958 11/8/10 11/8/10 8:53 a.m. 9:09 a.m.
A4319 A-421 A4089

the court is back in session plaintiffs' call thirteenth witness Terry Hurst by video deposition x x x x plaintiffs' exhibit 193 plaintiffs' exhibit 958 plaintiffs' call fourteenth witness Lawrence Ellison cross examination of Mr. Ellison x x x x x defendants' exhibit A-4319 defendants' exhibit A-421 defendants' exhibit A-4089 Page 6

11/8/10 11/8/10 11/8/10

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO
A4090 A9330

DATE OFFERED

ID

REC

DESCRIPTION

BY

11/8/10 11/8/10 9:42 a.m. 9:44 a.m. 9:47 a.m. 9:49 a.m. 9:50 a.m. 9:50 a.m. 10:30 a.m. 10:47 a.m. 10:47 a.m.

x x

x x

defendants' exhibit A-4090 defendants' exhibit A-9330 re-direct examination of Mr. Ellison re-cross examination of Mr. Ellison re-direct examination of Mr. Ellison Mr. Ellison is excused the jury takes a break the court hears argument regarding defendants' motions the court takes a 15 minutes break the jury is now present and the court is back in session plaintiffs' call fifteenth witness Safra Catz

1001 1002 1003 1004 1005 1008 1009 1012 4809

11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11:31 a.m.

x x x x x x x x x x x x x

x x x x x x x x x x x x x

plaintiffs' exhibit 1001 plaintiffs' exhibit 1002 plaintiffs' exhibit 1003 plaintiffs' exhibit 1004 plaintiffs' exhibit 1005 plaintiffs' exhibit 1008 plaintiffs' exhibit 1009 plaintiffs' exhibit 1012 plaintiffs' exhibit 4809 plaintiffs' exhibit 614 plaintiffs' exhibit 615 plaintiffs' exhibit 13 plaintiffs' exhibit 658 cross examination of Ms. Catz defendants' exhibit A-277 already marked and admitted used in conjunction with this witness Page 7

614 615 13 658

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO
A-229

DATE OFFERED

ID

REC

DESCRIPTION

BY

11/8/10 11:53 a.m. 11:54 a.m. 11:54 a.m. 12:13 p.m.

x

defendants' exhibit A-229 re-direct examination of Ms. Catz Ms. Catz is excused the court takes a 15 minute break the court is back in session; plaintiffs' call sixteenth witness Paul Meyer plaintiffs' exhibits 141 and 171 already marked and admitted used in conjunction with this witness

23 37 97 269 583 602 653 680 958 960 984
4814

11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 11/8/10 1:32 p.m. 1:33 p.m.

x x x x x x x x x x x x

x x x x x x x x x x x x

plaintiffs' exhibit 23 plaintiffs' exhibit 37 plaintiffs' exhibit 97 plaintiffs' exhibit 269 plaintiffs' exhibit 583 plaintiffs' exhibit 602 plaintiffs' exhibit 653 plaintiffs' exhibit 680 plaintiffs' exhibit 958 plaintiffs' exhibit 960 plaintiffs' exhibit 984 plaintiffs' exhibit 4814 the jury is excused for the day the court is adjourned for the day Tuesday November 9, 2010

8:17 a.m. 8:17 a.m.

the court is back in session plaintiffs' read stipulated evidence into the record; the deposition excerpts show to the jury in opening statements are admitted into evidence and shall be marked with exhibit numbers Page 8

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO

DATE OFFERED

ID

REC

DESCRIPTION

BY

plaintiffs' exhibits 28, 4819, 25 and the parties joint exhibits 1, 2, 3, 4 and 5 are all admitted into evidence; plaintiffs' 6 discovery responses marked as plaintiffs' exhibits 1460, 1487, 1567, 1568, 1647, 1698 are admitted into evidence (exhibits to be redacted to remove defendants' objections) 8:25 a.m. 8:27 a.m. 8:30 a.m. 8:42 a.m. 8:42 a.m. defendants' exhibits A-367, A-371, A-372, A-373, A-374, A6038, A-6190 and A-229 are admitted into evidence counsel submit jointly prepared pretrial facts to be read to the jury the court hears argument regarding competing curative instruction to be read to the jury the jury is present continued direct examination of Mr. Meyer plaintiffs' exhibits 6, 12, 4814, 141, 23, 24, 161, 4811, 245, 958 and 37 already marked and admitted, used in conjunction with this witness 10:17 a.m. 10:18 a.m. 10:22 a.m. 10:37 a.m. 10:37 a.m. the jury takes a break out of the presence of the jury the court informs the parties which limiting instruction will be used re: the court takes a 15 minute break the court is back in session continued direct examination of Mr. Meyer; the demonstrative exhibits used in conjunction with Mr. Meyer's testimony are admitted into evidence; counsel to mark with exhibit numbers the court reads an instruction to the jury cross examination of Mr. Meyer x defendants' exhibit A-9332 the court takes a 15 minute break the court is back in session; continued cross examination of Mr. Meyer x defendants' exhibit A-2031 Page 9

10:48 a.m. 10:49 a.m.
A9332

11/9/10 12:16 p.m. 12:32 p.m.

A2031

11/9/10

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO
A-441 A6036 A-303

DATE OFFERED

ID

REC

DESCRIPTION

BY

11/9/10 11/9/10 11/9/10

x x x

x x x

defendants' exhibit A-44 defendants' exhibit A-6036 defendants' exhibit A-303 defendants' exhibits A-421, A-277, A-4089, A-347, A-4090, A367 and A-371 already marked and admitted and used in conjunction with this witness

A-451

11/9/10 1:30 p.m. 1:30 p.m. 1:37 p.m.

x

x

defendants' exhibit A-451 the jury is excused for the day the court discusses admissibility of emails with the parties the court hears further argument regarding curative instruction; the parties to submit further suggestions to the court by tomorrow 11/10/10 the court is adjourned for the day Friday November 12, 2010

2:00 p.m.

8:11 a.m. 8:11 a.m.

the court is back in session out of the presence of the jury the court discusses evidentiary issues with the parties; further discussion regarding curative instruction; further discussion regarding admissibility of emails; the court re-visits the admissibility of exhibits A-451 which remains in evidence; plaintiffs' exhibit 432 is admitted into evidence; defendants' admit stipulated exhibits to be used in conjunction with cross examination of Mr. Meyer x x x x x x x x x x plaintiffs' exhibit 432 defendants' exhibit A-2049 defendants' exhibit A-9333 defendants' exhibit A-9335 defendants' exhibit A-9340 the jury is now present Page 10

432
A2049 A9333 A9335 A9340

11/12/10 11/12/10 11/12/10 11/12/10 11/12/10 8:41 a.m.

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO

DATE OFFERED

ID

REC

DESCRIPTION

BY

8:42 a.m.

continued cross examination of Mr. Meyer plaintiffs' exhibits 121, 24 and 112 already marked and admitted used in conjunction with this witness

A9334

11/12/10 10:19 a.m. 10:32 a.m. 10:32 a.m. 10:35 a.m.

x

defendants' exhibit A-9334 the court takes a 15 minute break court is back in session out of the presence of the jury the court discusses plaintiffs' request for a curative instruction the jury is now present

A9341

11/12/10 10:57 a.m.

x

defendants' exhibit A-9341 re-direct examination of Mr. Meyer plaintiffs' exhibits 4814, 12 and defendants' A-374, A-277 and A-432 already marked and admitted and used in conjunction with this witness

42

11/12/10 11:39 a.m.
A9329

x

x

plaintiffs' exhibit 42 re-cross examination of Mr. Meyer

11/12/10 12:03 p.m. 12:08 p.m. 12:11 p.m. 12:11 p.m. 12:14 p.m. 12:31 p.m.

x

x

defendants' exhibit A-9329-admitted for the purpose of explaining experts reliance re-direct examination of Mr. Meyer re-cross examination of Mr. Meyer the jury takes a break the court discusses curative instruction issue with the parties the court takes a 15 minute break the court is back in session; plaintiffs' call seventeenth witness Kevin Mandia

760

11/12/10 12:56 p.m.
A9336 A9337

x

x

plaintiffs' exhibit 760 cross examination of Mr. Mandia

11/12/10 11/12/10

x x

x x

defendants' exhibit A-9336 defendants' exhibit A-9337 Page 11

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO

DATE OFFERED

ID

REC

DESCRIPTION

BY

1:14 p.m. 1:16 p.m. 1:22 p.m. 1:22 p.m. 1:23 p.m. 461 443 180 294 332
4818

re-direct examination of Mr. Mandia re-cross examination of Mr. Mandia re-direct examination of Mr. Mandia Mr. Mandia is excused plaintiffs' call eighteenth witness Henning Kagermann by video deposition x x x x x x x x x x x x x x plaintiffs' exhibit 461 plaintiffs' exhibit 443 plaintiffs' exhibit 180 plaintiffs' exhibit 294 plaintiffs' exhibit 332 plaintiffs' exhibit 4818 plaintiffs' exhibit 948 plaintiffs' exhibits 19, 44, 171 and 4814 already marked and admitted used in conjunction with this witness

11/12/10 11/12/10 11/12/10 11/12/10 11/12/10 11/12/10 11/12/10

948

1:30 p.m. 1:33 p.m.

the jury is released for the day the court is adjourned for the day Monday November 15, 2010

8:17 a.m.

the court is back in session; the court hears argument regarding remaining objections to deposition testimony; defendants' request to file a motion re: at risk report is granted. The motion shall be filed immediately and any response shall be filed by tomorrow 11/16/10 the jury is now present; continued video deposition of Mr. Kagermann plaintiffs' read 3 instant messages into the record which are marked as plaintiffs' exhibits 49, 55 and 53; 53 already marked and admitted into evidence x x plaintiffs' exhibit 49 Page 12

8:40 a.m. 8:47 a.m.

49

11/15/10

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO

DATE OFFERED

ID

REC

DESCRIPTION

BY

55

11/15/10 8:53 a.m. 8:54 a.m. 8:58 a.m.

x

x

plaintiffs' exhibit 55 the plaintiffs' rest the court reads stipulated facts to the jury defendants' call first witness Juan Jones by video deposition defendants' exhibits A-367, A-371, A-372, A-373, A-374 already marked and admitted into evidence used in conjunction with this witness

A-370

11/15/10 9:45 a.m. 10:09 a.m. 10:23 a.m. 10:42 a.m.

x

x

defendants' exhibit A-370 defendants' call second witness Bill McDermott cross examination of Mr. McDermott the court takes a break the court is back in session; continued cross examination of Mr. McDermott plaintiffs' exhibits 332, 443, 23, 4814 and 171 already marked and admitted and used in conjunction with this witness

117 146 148 185 197 227 231 333 462 671
1236 1662

11/15/10 11/15/10 11/15/10 11/15/10 11/15/10 11/15/10 11/15/10 11/15/10 11/15/10 11/15/10 11/15/10 11/15/10

x x x x x x x x x x x x

x x x x x x x x x x x x

plaintiffs' exhibit 117 plaintiffs' exhibit 146 plaintiffs' exhibit 148 plaintiffs' exhibit 185 plaintiffs' exhibit 197 plaintiffs' exhibit 227 plaintiffs' exhibit 231 plaintiffs' exhibit 333 plaintiffs' exhibit 462 plaintiffs' exhibit 671 plaintiffs' exhibit 1236 plaintiffs' exhibit 1662 Page 13

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.
4836 4850

DEF NO

DATE OFFERED

ID

REC

DESCRIPTION

BY

11/15/10 11/15/10
A4024 A-148

x x x x

x x x x

plaintiffs' exhibit 4836 plaintiffs' exhibit 4850 defendants' exhibit A-4024 defendants' exhibit A-148 re-direct examination of Mr. McDermott re-cross examination of Mr. McDermott re-direct examination of Mr. McDermott Mr. McDermott is excused defendants' call third witness Douglas Kehring by video deposition defendants' exhibit A-229 already marked and admitted into evidence used in conjunction with this witness

11/15/10 11/15/10 11:09 a.m. 11:10 a.m. 11:14 a.m. 11:15 a.m. 11:16 a.m.

A-230 A-596

11/15/10 11/15/10 11:24 a.m.

x x

x x

defendants' exhibit A-230 defendants' exhibit A-596 defendants' call fourth witness Richard Cummins by video deposition defendants' exhibit A-303 already marked and admitted and used in conjunction with this witness

A-44 A-45 A-49 A-59 A-63 A-65 A-289 A-290 A-307 A-308

11/15/10 11/15/10 11/15/10 11/15/10 11/15/10 11/15/10 11/15/10 11/15/10 11/15/10 11/15/10

x x x x x x x x x x

x x x x x x x x x x

defendants' exhibit A-44 defendants' exhibit A-45 defendants' exhibit A-49 defendants' exhibit A-59-this exhibit is replaced with A-59A defendants' exhibit A-63 defendants' exhibit A-65 defendants' exhibit A-289 defendants' exhibit A-290 defendants' exhibit A-307 defendants' exhibit A-308 Page 14

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO
A-331

DATE OFFERED

ID

REC

DESCRIPTION

BY

11/15/10 12:02 p.m.

x

x

defendants' exhibit A-331 defendants' call fifth witness Jeffrey O'Donnell by video deposition

A-647

11/15/10 12:15 p.m. 12:32 p.m.

x

x

defendants' exhibit A-647 the court takes a break the court is back in session; defendants' call sixth witness Robert Wasson by video deposition

A-547

11/15/10 1:07 p.m.

x

x

defendants' exhibit A-547 defendants' call seventh witness Steven Brazile by video deposition

A-730

x 1:24 p.m. 1:27 p.m.

defendants' exhibit A-730 the jury is release for the day the court is adjourned for the day Tuesday November 16, 2010

8:18 a.m.

the court is back in session; the court hears argument regarding testimony of Stephen Clarke; the court denies defendants' motion to reconsider admissibility of plaintiffs' at-risk report as stated on the record. the jury is present; defendants' call eighth witness Stephen Clarke the court takes a break the court is back in session; continued direct examination of Mr. Clarke the court handles issues at side bar continued direct examination of Mr. Clarke x x x x x x defendants' exhibit A-5193 defendants' exhibit A-5199 defendants' exhibit A-6028 Page 15

8:38 a.m. 10:15 a.m. 10:36 a.m. 10:38 a.m. 10:47 a.m.
A5193 A5199 A6028

11/16/10 11/16/10 11/16/10

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO

DATE OFFERED

ID

REC

DESCRIPTION

BY

11:41 a.m. 12:17 p.m. 12:22 p.m. 12:40 p.m. 12:42 p.m. 1:32 p.m. 1:36 p.m.

cross examination of Mr. Clarke the jury takes a break the court takes a break the court is back in session out of the presence of the jury the jury is now present; continued cross examination of Mr. Clarke the jury is released for the day the court is adjourned for the day plaintiffs' deposition excerpts used in opening statements and admitted into evidence on 11/9/10 are marked as plaintiffs' exhibits 4821, 4822, 4823, 4824, 4825, 4826, 4827 and 4828 Thursday November 18, 2010

8:17 a.m. 8:25 a.m.
A2046 7035 7027

the court is back in session; the court handles preliminary issues regarding the rebuttal testimony of Ms. Catz the jury is now present; continued cross examination of Mr. Clarke x x x x x x defendants' exhibit A-2046 plaintiffs' exhibit 7035 plaintiffs' exhibit 7027 plaintiffs' exhibits 19, 12, 4814, 154, 24, 171 already marked and admitted into evidence and used in conjunction with this witness

11/18/10 11/18/10 11/18/10

10:15 a.m. 10:33 a.m.
7106 A6891 A9347 A9348

the court takes a 15 minute break the court is back in session, re-direct examination of Mr. Clarke x x x x x x plaintiffs' exhibit 7106 defendants' exhibit A-6891 defendants' exhibit A-9347 defendants' exhibit A-9348 Page 16

11/18/10 11/18/10 11/18/10 11/18/10

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO
A6110 A5181

DATE OFFERED

ID

REC

DESCRIPTION

BY

11/18/10 11/18/10 11/18/10

x x x x

defendants' exhibit A-6110 defendants' exhibit A-5181 plaintiffs' exhibit 4881 defendants' exhibit A-6519 re-cross examination of Mr. Clarke

4881 A6519

11/18/10 11:41 a.m.

416 373

11/18/10 11/18/10 12:17 p.m. 12:22 p.m. 12:35 p.m.

x x

x x

plaintiffs' exhibit 416 plaintiffs' exhibit 373 the jury takes a break, the court has further discuss with the parties regarding plaintiffs' exhibit 373 the court takes a break the court is back in session; continued re-cross examination of Mr. Clarke

7028

11/18/10 12:49 p.m.
A6886

x

x

plaintiffs' exhibit 7028 re-direct examination of Mr. Clarke

11/18/10 12:53 p.m. 12:54 p.m. 12:55 p.m.

x

defendants' exhibit A-6886 re-cross examination of Mr. Clarke Mr. Clarke is excused defendants' call ninth witness Tracy Hallenberger by video deposition

A1744 A1738

11/18/10 11/18/10 1:10 p.m.

x x

x

defendants' exhibit A-1744 defendants' exhibit A-1738 defendants' move into evidence A-9342

A9342

11/18/10 1:10 p.m. 1:11 p.m.

x

x

defendants' exhibit A-9342 defendants' rest plaintiffs' call first rebuttal witness Andrew Nelson Page 17

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO

DATE OFFERED

ID

REC

DESCRIPTION

BY

plaintiffs' exhibits 37 and 97 already marked and admitted used in conjunction with this witness 1:28 p.m. 1:31 p.m. 1:33 p.m. plaintiffs' call second rebuttal witness Terry Hurst by video deposition the jury is excused for the day the court is adjourned for the day Friday November 19, 2010 8:31 a.m. 8:31 a.m. 9:08 a.m. 9:42 a.m. 9:48 a.m. 9:49 a.m. 9:52 a.m. 9:53 a.m. 9:54 a.m.
A59A

the court is back in session plaintiffs' call third rebuttal witness Safra Catz cross examination of Ms. Catz re-direct examination of Ms. Catz Ms. Catz is excused plaintiffs' rest the jury is release for the day offer of proof is submitted by defendants' defendants' request to replace exhibit A-59 with A-59A is granted x x defendants' exhibit A-59A plaintiffs' move exhibit 970 which is admitted into evidence x x plaintiffs' exhibit 970 plaintiffs' mark for identification demonstrative exhibits used in trial as plaintiffs' exhibits 4853, 4854, 4855, 4856, 4857, 4858, 4859, 4860, 4874, 4875, 4876, 4877, 4878, 4879, 4880 the court takes a break the court is back in session; the court hears argument regarding jury instructions; if the parties are not able to agree on the last instruction in dispute they shall file proposed instruction by Sunday 11/21/10 at 3:00 p.m. the court hears argument on defendants' rule 50 motionsDenied in part, taken under submission in part pending jury verdict Page 18

11/19/10 9:55 a.m.

970

11/19/10 9:56 a.m.

10:00 a.m. 10:15 a.m.

11:45 a.m.

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO

DATE OFFERED

ID

REC

DESCRIPTION

BY

12:02 p.m. 12:02 p.m.

the parties shall be prepared on Monday to begin at 8:00 a.m. to handle any remaining issues before closing arguments start the court is adjourned for the day Monday November 22, 2010

8:22 a.m.

the court is back in session out of the presence of the jury; the court makes final ruling regarding jury instructions and special verdict form; the court hears argument and makes ruling regarding closing argument demonstrative slides the court takes a break to allow the parties to make changes to closing argument demonstrative slides the court is back in session; the jury is present; closing arguments by plaintiffs; the court takes a break the court is back in session; closing arguments by defendants' the court takes a break the court is back in session; rebuttal closing by plaintiffs' the court reads jury instructions to the jurors the jury begins deliberations the court discusses jury note #1 the jury is brought in and released for the day plaintiffs' exhibit 432 inadvertently marked by counsel and admitted into evidence, should be defendants' A-432 defendants' read demonstrative exhibits into the record court is adjourned for the day Tuesday November 23, 2010

8:38 a.m. 8:49 a.m. 10:37 a.m. 10:56 a.m. 12:37 p.m. 12:53 p.m. 1:57 p.m. 2:20 p.m. 4:55 p.m. 5:00 p.m. 5:01 p.m. 5:02 p.m. 5:05 p.m.

8:12 a.m. 8:45 a.m.

the court is back in session; further argument is heard regarding jury note #1 the parties shall meet and confer to come up with portions of the expert testimony to be read back to the jury Page 19

Case No: C-07-1658 PJH

Case Name: Oracle USA, et al. v. SAP AG, et al. EXHIBIT and WITNESS LIST Continued

PLF NO.

DEF NO

DATE OFFERED

ID

REC

DESCRIPTION

BY

9:46 a.m.

the parties agree upon a joint document to submit to the jury in lieu of reading back expert testimony-the document is marked as joint exhibit 6 and given to the jury the court discusses jury note number 2 with the parties the parties shall meet and confer on how to respond the court receives jury note number 3 informing the court that a verdict has been reached the jury is now present the verdict is read and the jury is polled the jury is discharged the court is adjourned for the day

1:36 p.m. 1:41 p.m. 2:15 p.m. 2:30 p.m. 2:32 p.m. 2:33 p.m. 2:35 p.m.