Oracle Corporation et al v. SAP AG et al

Filing 1056

Declaration of Tharan Gregory Lanier in Support of 1055 Opposition/Response to Motion, Defendants' Opposition to Oracle's Conditional Motion for New Trial filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 1055 ) (McDonell, Jason) (Filed on 4/8/2011)

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Oracle Corporation et al v. SAP AG et al Doc. 1056 Att. 1 Exhibit A Dockets.Justia.com UNITED NORTHERN BEFORE THE HONORABLE STATES DISTRICT COURT DISTRICT OF CALIFORNIA JUDGE PHYLLIS ET HAMILTON ORACLE CORPORATION AL NO 0701658 PJH PLAINTIFFS VS SAP Certified ET Copy AG AL DEFENDANTS PAGES 124 _____________________________ CALIFORNIA OAKLAND WEDNESDAY SEPTEMBER 30 2010 TRANSCRIPT OF PROCEEDINGS APPEARANCES FOR PLAINTIFFS BOlES 1999 SCHILLER OAKLAND HARRISON CALIFORNIA FLEXNER LLP STREET SUITE 900 94612 ATTORNEY LLP CENTER 94111-4607 AT LAW BY STEVEN HOLTZMAN BINGHAM MCCUTCHEN THREE EMBARCADERO BY SAN FRANCISCO CALIFORNIA ZACHARY ALINDER ANTHONY FALZONE HOLLY HOUSE GEOFFREY HOWARD DONN PICKETT ATTORNEYS AT LAW FOR DEFENDANTS JONES DAY SILICON VALLEY OFFICE 1755 EMBARCADERO ROAD PALO ALTO CALIFORNIA BY THARAN GREGORY LANIER 94303 ATTORNEY AT LAW APPEARANCES CONTINUED REPORTED NEXT CSR PAGE BY RAYNEE MERCADO NO 8258 RA YNEE MERCADO CSR RMR CRR FCRR CCRR 510 451-7530 55 -- LOOK TO PEOPLESOFT AND VALUE AND SIEBEL BY ANALOGY AT THAT TOTAL VALUE WAS EVERYTHING THATS RELEVANT THE SOFTWARE THAT STOLEN ITS NOT NOT IT DO ABOUT IS -- ITS THE NOT FAIR ABOUT MARKET LOST PROFITS OF ITS WHAT ABOUT THE -TO ABOUT VALUE USE AT THE THEYRE VERY TRYING THEY DOES IS EXPAND THIS PRIOR ORDER WHEN TIME IT MADE NOT THIS EXTEND -- THEY TO SOUGHT THIS ORDER THEY SAID QUOTE THEORY 10 ORACLES HYPOTHETICAL LICENSE CLOSED NOW QUOTE THEYRE AND TRYING IT DOES TO TAKE BACK WHAT TO THEY SAID TO 11 JUDGE LAPORTE LICENSE SAY EXTEND ORACLES HYPOTHETICAL MOTION IS 12 THEORY THE THATS EXACTLY WHAT COURT THE THIS ABOUT ASK WAS THE 13 CAN THAT TO JUST THIS THE ASK -- CAN PARTICULAR JUST 14 ISSUE LOST RAISED PROFITS AT WAS TIME EVIDENCE AS TO 15 RELEVANT HYPOTHETICAL THEY VALUE SAID LICENSE ANALYSIS IT 16 17 MR PICKETT DO NO FAIR HAD BECAUSE MARKET EXPERT HAD NOTHING TO WITH THE HYPOTHETICAL THE APPROACH ALREADY BEEN 18 COURT THE REPORTS 19 20 21 22 23 24 PREPARED -- MR THE PICKETT NO -- YOUR COURT PICKETT EXPERT WERE BUT DONE TO DO NO PREPARED MONTHS MR THEY ARE NO THOSE LATER BOTH -- STARTED LAST NOVEMBER AND IS THATS AN ISSUE THAT LOTS OF DISCOVERY IS CUT EXPERTS HAVE SO LOOKED WHAT AT THIS WEVE TRYING OVER -- 25 SIGNIFICANT FAYNEE MERCADO CSR RMR CRR FCRR CCRR 510 451-7530 124 CERTIFICATE RAYNEE STATES THAT OF REPORTER OFFICIAL OF IN ET MERCADO DISTRICT REPORTER FOR THE UNITED COURT NORTHERN CALIFORNIA C07-01658 HEREBY CERTIFY THE FOREGOING ET PROCEEDINGS SAP PJH ORACLE BY CORPORATION CERTIFIED UNDER 10 AL AG AL WERE WERE REPORTED ME SHORTHAND DIRECTION AND OF REPORTER INTO TRUE AND THEREAFTER THE TRANSCRIBED IS MY TYPEWRITING RECORD OF THAT FOREGOING AS FULL ME AT COMPLETE THE TIME THE SAID PROCEEDINGS BOUND BY 11 FILING OF THE 12 VALIDITY BE REPORTERS CERTIFICATION AND/OR REMOVAL OF SAID THE 13 TRANSCRIPT COURT MAY VOID UPON DISASSEMBLY FROM 14 FILE 15 16 17 RAYNEE MERCADO MONDAY CSR RMR CRR 2010 FCRR CCRR 18 OCTOBER 19 20 21 22 23 24 25 RAYNEE MERCADO CSR RMR CRR FCRR CCRR 510 451-7530

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