Oracle Corporation et al v. SAP AG et al

Filing 1024

Declaration of Joshua L. Fuchs in Support of 1021 Response filed by SAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 1021 ) (Froyd, Jane) (Filed on 12/23/2010) Modified on 12/27/2010 (kc, COURT STAFF).

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Oracle Corporation et al v. SAP AG et al Doc. 1024 Att. 2 Exhibit B Dockets.Justia.com KEVIN MANDIA May 21, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 291 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation, ) ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) No. 07-CV-1658 (PJH) ) SAP AG, a German ) corporation, SAP AMERICA, ) INC., a Delaware ) corporation, TOMORROWNOW, ) INC., a Texas corporation, ) and DOES 1-50, inclusive, ) ) Defendants. ) ________________________________) VIDEOTAPED DEPOSITION OF KEVIN MANDIA _________________________________ VOLUME 2; PAGES 291 - 570 FRIDAY, MAY 21, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY REPORTED BY: HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-427384) Merrill Legal Solutions (800) 869-9132 a5d494d9-5d9e-4705-8e49-634585badc5f KEVIN MANDIA May 21, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 416 13:20:25 13:20:26 13:20:30 13:20:54 13:20:57 13:21:00 13:21:02 13:21:04 13:21:22 13:21:27 13:21:29 13:21:36 13:21:38 13:21:51 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Are there any particular types of files that you decompressed from -- that you found on DCTIBU01? A. I believe -- I'm going to look at my report and see if it refreshes my recollection. Q. A. Q. A. Sure, please do. Otherwise, I'll have to speculate. No problem. In regards to DCITBU01, because I think you flipped letters -Q. A. I think I did. Let me -- to give you the most specific answer, let me find a table. Q. I think it's page 38, paragraph 171 that Merrill Legal Solutions (800) 869-9132 a5d494d9-5d9e-4705-8e49-634585badc5f KEVIN MANDIA May 21, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 417 13:21:55 13:21:58 13:22:03 13:22:04 13:22:05 13:22:12 13:22:17 13:22:22 13:22:25 13:22:29 13:22:35 13:22:36 13:22:37 13:22:50 13:22:54 13:23:03 13:23:05 13:23:07 13:23:08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 you're looking for. A. Yes. I wanted to make sure we're talking about the same thing. Q. A. All right. In regards to Table 13, it's my understanding what we did on DCITBU01 is used a computer forensic tool called EnCase to decompress those archived files that that forensic tool would recognize. So we didn't decompress everything, but Zipped we did decompress, most likely, zips. files. Q. A. Okay. There were also .exe and .par files. As I sit here today, I would think Mandiant did not decompress the .par or the .exe files on DCITBU01. Q. So you think the decompression you did was limited to ZIP files? A. case. As I sit here today, I believe that is the Merrill Legal Solutions (800) 869-9132 a5d494d9-5d9e-4705-8e49-634585badc5f HIGHLY KEVIN MANDIA May 2 1 , 2 0 1 0 CONFIDENTIAL - ATTORNEYS' EYES ONLY (. / 18:31:07 18:31:08 18:31:11 1 2 3 4 5 6 THE VIDEO OPERATOR: This concludes Volume We a r e o f f 2 in the deposition of Kevin Mandia. the record at 6:31. (Time noted, 6:31 p.m.) --000-- I declare under penalty of perjury that the foregoing i s true and correct. Subscribed at 7 8 9 10 11 12 13 c;. 2010. day of KEVIN MANDIA 14 15 16 17 18 19 20 21 22 23 24 25 568 Merrill Legal Solutions (800) 869-9132

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