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. 6

EXHIBIT 6

Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BEFORE THE HONORABLE PHYLLIS J. HAMILTON, JUDGE ORACLE CORPORATION, ET AL. ) ) PLAINTIFFS, ) ) VS. ) ) SAP AG, ET AL., ) ) DEFENDANTS. ) ____________________________) JURY TRIAL NO. C 07-01658 PJH VOLUME 11 PAGES 1880 - 2020 OAKLAND, CALIFORNIA FRIDAY, NOVEMBER 19, 2010

CERTIFIED COPY
TRANSCRIPT OF PROCEEDINGS APPEARANCES: FOR PLAINTIFFS: BY: BINGHAM MCCUTCHEN 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]

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 A. Q. YES. FINE.

CATZ - REDIRECT / HOUSE AND COULD YOU PULL UP THE BOTTOM EMAIL THERE. PULL IT UP SO WE CAN SEE. (EXHIBIT PUBLISHED TO JURY.) BY MS. HOUSE: Q. I'D LIKE TO READ THE DATE AT THE TOP.

1940 THAT'S

IT'S FROM (SIC) SHAI IT'S FROM JOHN

AGASSI.

IT SAYS TUESDAY DECEMBER 21ST, 2004.

ZEPECKI, AND HE SAYS IN THE VERY FIRST SENTENCE, "WE ARE IN DISCUSSIONS WITH TOMORROWNOW FOR AN IMMEDIATE ACQUISITION." DO YOU SEE THAT?

IS THAT BEFORE THE DATE OF THE $897 MILLION PROJECTION THAT

WE'VE BEEN TALKING ABOUT? A. Q. SURE. OKAY. FINALLY, IS THERE ANY DOUBT IN YOUR MIND THAT THE FAIR AND REASONABLE DAMAGES AWARD IN THIS CASE IS AT LEAST 106 -- I'M SORRY. $1.655 BILLION? A. YEAH. IT'S AT LEAST THAT. IT'S -- IT'S AT LEAST THAT. I'M SAYING IT WRONG -- IS AT LEAST

CLEARLY. MS. HOUSE: THE COURT: MR. LANIER: THE COURT: THANK YOU. MR. LANIER, ANYTHING ELSE? NOPE. ALL RIGHT. THANK YOU.

MS. CATZ, YOU MAY STEP DOWN.
RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR [phone]

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 19, 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 REPORTER'S CERTIFICATION OF SAID TRANSCRIPT MAY BE VOID UPON DISASSEMBLY AND/OR REMOVAL FROM THE COURT FILE.

___________________________________ RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR

___________________________________ DIANE E. SKILLMAN, CSR, RPR, FCRR

/s/

SATURDAY, NOVEMBER 20, 2010