Oracle Corporation et al v. SAP AG et al

Filing 1022

Declaration of Tharan Gregory Lanier in Support of 1021 Response filed by SAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(Related document(s) 1021 ) (Froyd, Jane) (Filed on 12/23/2010) Modified on 12/27/2010 (kc, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 1022

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Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) DECLARATION OF THARAN GREGORY LANIER IN SUPPORT OF DEFENDANTS' RESPONSE TO PLAINTIFFS' PROPOSED JUDGMENT

DECL. OF THARAN GREGORY LANIER ISO DEFS.' RESP. TO PLFS.' PROPOSED JUDGMENT Case No. 07-CV-1658 PJH (EDL)

Dockets.Justia.com

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I, THARAN GREGORY LANIER, declare as follows: I am a partner in the law firm of Jones Day, 1755 Embarcadero Road, Palo Alto, California 94303, and counsel of record for Defendants SAP AG, SAP America, Inc. (together, "SAP"), and TomorrowNow, Inc. ("TN") (collectively, "Defendants") in the above-captioned matter. I am a member in good standing of the state bar of California and admitted to practice before this Court. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 1. Attached as Exhibit 1 is a true and correct copy of the following excerpts from the

Trial Transcript on November 2, 2010: 335, 343, 453, 458. 2. Attached as Exhibit 2 is a true and correct copy of the following excerpts from the

Trial Transcript on November 4, 2010: 528-30, 541-42. 3. Attached as Exhibit 3 is a true and correct copy of the following excerpt from the

Trial Transcript on November 8, 2010: 856. 4. Attached as Exhibit 4 is a true and correct copy of the following excerpts from the

Trial Transcript on November 9, 2010: 973-74, 993-94, 996-98, 1022. 5. Attached as Exhibit 5 is a true and correct copy of the following excerpt from the

Trial Transcript on November 12, 2010: 1333. 6. Attached as Exhibit 6 is a true and correct copy of the following excerpt from the

Trial Transcript on November 19, 2010: 1940. 7. Attached as Exhibit 7 is a true and correct copy of the following excerpts from the

Trial Transcript on November 22, 2010: 2040, 2217. 8. Attached as Exhibit 8 is a true and correct copy of Berry v. Hawaii Express Serv.,

Inc., No. 03-00385 SOM/LEK, 2006 U.S. Dist. LEXIS 13718 (D. Haw. Mar. 9, 2006). 9. Attached as Exhibit 9 is a true and correct copy of Brayton Purcell LLP v.

Recordon & Recordon, No. C-04-4995 EMC, 2007 WL 420122 (N.D. Cal. Feb. 6, 2007). 10. Attached as Exhibit 10 is a true and correct copy of Brighton Collectibles, Inc. v.

Coldwater Creek Inc., No. 06-CV-01848-H (POR), 2009 WL 160235 (S.D. Cal. Jan. 20, 2009). 11. Attached as Exhibit 11 is a true and correct copy of Fleming v. Parametric Tech. -1DECL. OF THARAN GREGORY LANIER ISO DEFS.' RESP. TO PLFS.' PROPOSED JUDGMENT Case No. 07-CV-1658 PJH (EDL)

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Corp., Nos. 97-56262, 97-56350, 1999 WL 451764 (9th Cir. June 29, 1999). 12. Attached as Exhibit 12 is a true and correct copy of N. Am. Karaoke-Works Trade

Assoc., Inc., v. Entral Group Int'l, LLC, No. 06 Civ. 5158 (LTS)(MHO), 2010 U.S. Dist. LEXIS 53385 (S.D.N.Y. May 27, 2010). 13. Attached as Exhibit 13 is a true and correct copy of Pietz v. Amato, Nos. 89-35413,

89-35442, 1990 WL 160970 (9th Cir. Oct. 22, 1990). 14. Attached as Exhibit 14 is a true and correct copy of Procter & Gamble Co. v.

Haugen, No. 1:95-CV-94 TS, 2008 WL 2518719 (D. Utah June 20, 2008). 15. Attached as Exhibit 15 is a true and correct copy of Roger Miller Music, Inc. v.

Sony/ATV Pub., LLC, No. 3:04-1132, 2010 WL 1026980 (M.D. Tenn. Mar. 18, 2010). 16. Attached as Exhibit 16 is a true and correct copy of SEB S.A. v. Sunbeam Corp.,

No. 02-80257-CIV, 2004 WL 5564188 (S.D. Fla. Mar. 22, 2004). 17. Attached as Exhibit 17 is a true and correct copy of Sony BMG Music Entm't v.

Cody, No. 1:08-cv-00590-LJO-SMS, 2009 U.S. Dist. LEXIS 100092 (E.D. Cal. Oct. 26, 2009). 18. Attached as Exhibit 18 is a true and correct copy of Tracy v. Skate Key, Inc., No.

86 CIV. 3439 (MBM), 1990 WL 9855 (S.D.N.Y. Feb. 2, 1990). 19. Attached as Exhibit 19 is a true and correct copy of UMG Recordings v.

Fredrickson, No. 1:08-cv-00589-OWW-SMS, 2008 U.S. Dist. LEXIS 100123 (E.D. Cal. Dec. 1, 2008). 20. Attached as Exhibit 20 is a true and correct copy of UMG Recordings v.

Fredrickson, No. 1:08-cv-00589-OWW-SMS, 2009 U.S. Dist. LEXIS 11926 (E.D. Cal. Feb. 17, 2009). 21. Attached as Exhibit 21 is a true and correct copy of U.S. Payphone, Inc. v.

Executives Unlimited of Durham, Inc., Nos. 89-1081, 89-1085, 1991 WL 64957 (4th Cir. Apr. 29, 1991).

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DECL. OF THARAN GREGORY LANIER ISO REPLY ISO DEFENDANTS' MOTION TO EXCLUDE LICHTMAN Case No. 07-CV-1658 PJH (EDL)

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I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed this 23rd day of December, 2010 in Palo Alto, California. /s/ Tharan Gregory Lanier Tharan Gregory Lanier

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DECL. OF THARAN GREGORY LANIER ISO REPLY ISO DEFENDANTS' MOTION TO EXCLUDE LICHTMAN Case No. 07-CV-1658 PJH (EDL)