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 Att. 5

EXHIBIT 5

Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BEFORE THE HONORABLE PHYLLIS J. HAMILTON, JUDGE ) ) PLAINTIFFS, ) ) VS. ) ) SAP AG, ET AL., ) ) DEFENDANTS. ) ____________________________) ORACLE CORPORATION, ET AL. JURY TRIAL NO. C 07-01658 PJH VOLUME 7 PAGES 1188 - 1420 OAKLAND, CALIFORNIA FRIDAY, NOVEMBER 12, 2010

CERTIFIED COPY
TRANSCRIPT OF PROCEEDINGS APPEARANCES: FOR PLAINTIFFS: BY: BINGHAM MUCCUTCHEN LLP THREE EMBARCADERO CENTER SAN FRANCISCO, CALIFORNIA 94111-4607 ZACHARY J. ALINDER, HOLLY A. HOUSE, GEOFFREY M. HOWARD, DONN P. PICKETT, ATTORNEYS AT LAW BOIES, SCHILLER & FLEXNER LLP 1999 HARRISON STREET, SUITE 900 OAKLAND, CALIFORNIA 94612 DAVID BOIES, STEVEN C. HOLTZMAN, ATTORNEYS AT LAW

BY:

(APPEARANCES CONTINUED NEXT PAGE)

REPORTED BY:

RAYNEE H. MERCADO, CSR NO. 8258 DIANE E. SKILLMAN, CSR NO. 4909

RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR [phone]

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1333 MEYER - REDIRECT / PICKETT GOOD THIS WAS GOING TO BE FOR SAP WHEN THEY WENT AND COMPETED WITH ORACLE HEAD TO HEAD FOR THOSE PEOPLESOFT CUSTOMERS. Q. NOW, WE'RE GETTING NEAR THE END, BUT I WANT TO GO THROUGH A AND I WANT TO SHOW

FEW OF THE DOCUMENTS THAT YOU WERE SHOWN.

YOU AND THE COURT WHAT WASN'T SHOWN FROM THOSE DOCUMENTS. SO LET'S START WITH YOUR OWN REPORT. SAP'S COUNSEL

REFERRED YOU TO PAGE 144 OF YOUR OWN REPORT AND SUGGESTED THAT YOU SOMEHOW USED INFORMATION ABOUT ORACLE'S R & D EXPENDITURES AFTER THE DATE OF THE NEGOTIATION. (EXHIBIT PUBLISHED TO JURY.) BY MR. PICKETT: Q. A. WHAT DID YOU ACTUALLY WRITE IN YOUR REPORT? WELL, THIS IS IN MY REPORT. AND WHEN WE TALKED ABOUT THE

RESEARCH AND DEVELOPMENT, THE WAY IT WAS PUT IN THE REPORT, THIS RELATES TO THE INVESTMENT BY ORACLE. I SAID, "ORACLE'S INVESTMENT OVER -- OF OVER $1 BILLION IN FURTHER RESEARCH AND DEVELOPMENT FOR ITS PEOPLESOFT AND JD EDWARDS PRODUCTS SINCE THE ACQUISITION" -- AND THIS IS AN IMPORTANT PHRASE -- I SAID, "WHICH ORACLE WOULD REASONABLY UNDERSTAND THAT IT WOULD HAVE TO SPEND." AND THAT MEANS THAT THEY WOULD HAVE KNOWN AT THE TIME OF THE HYPOTHETICAL THEY'D HAVE TO KEEP INVESTING IN THE PRODUCTS, THE PATCHES, AND THE BUG FIXES TO KEEP THE SOFTWARE CURRENT. AND THEN I SAY, "AND THAT SAP WOULD HAVE (SIC) AVOID
RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR [phone]

1420

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SATURDAY, NOVEMBER 13, 2010 ___________________________________ RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR CERTIFICATE OF REPORTER WE, RAYNEE H. MERCADO AND DIANE E. SKILLMAN, OFFICIAL REPORTERS FOR THE UNITED STATES COURT, NORTHERN DISTRICT OF CALIFORNIA, HEREBY CERTIFY THAT THE FOREGOING PROCEEDINGS IN C07-01658PJH, ORACLE USA, INC., ET AL. V. SAP AG, ET AL., WERE REPORTED BY US ON, FRIDAY, NOVEMBER 12, 2010, CERTIFIED SHORTHAND REPORTERS, AND WERE THEREAFTER TRANSCRIBED UNDER OUR DIRECTION INTO TYPEWRITING; THAT THE FOREGOING IS A FULL, COMPLETE AND TRUE RECORD OF SAID PROCEEDINGS AS BOUND BY US AT THE TIME OF FILING. THE VALIDITY OF THE REPORTERS' CERTIFICATION OF SAID TRANSCRIPT MAY BE VOID UPON DISASSEMBLY AND/OR REMOVAL FROM THE COURT FILE.

___________________________________ DIANE E. SKILLMAN, CSR, RPR, FCRR

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