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)

Oracle Corporation et al v. SAP AG et al

Doc. 1056 Att. 4

Exhibit D
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 12 PAGES 2021 - 2230 OAKLAND, CALIFORNIA MONDAY, NOVEMBER 22, 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]

2215

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TOMORROWNOW AND THEY INTENTIONALLY AND MATERIALLY CONTRIBUTED TO TOMORROWNOW'S INFRINGING ACTIVITY. NOW YOU MUST DETERMINE, YOU MUST DETERMINE ORACLE'S DAMAGES RESULTING FROM THE COPYRIGHT INFRINGEMENT AGREED TO BY THE DEFENDANTS. ORACLE IS ENTITLED TO RECOVER THE ACTUAL

DAMAGES SUFFERED AS A RESULT OF THE INFRINGEMENT. AS THE MEASURE OF ITS ACTUAL DAMAGES, ORACLE, AS THE PLAINTIFF, HAS THE RIGHT TO SEEK TO RECOVER EITHER THE FAIR MARKET VALUE OF A LICENSE FOR THE RIGHTS INFRINGED OR ITS LOST PROFITS. IF YOU AWARD ORACLE ACTUAL DAMAGES BASED ON ITS LOST PROFITS, THEN ORACLE IS ALSO ENTITLED TO RECOVER ANY PROFITS THAT EACH DEFENDANT MADE THAT ARE ATTRIBUTABLE TO THE INFRINGEMENT. IF YOU AWARD ORACLE ACTUAL DAMAGES BASED ON THE FAIR MARKET VALUE OF A LICENSE FOR THE RIGHTS INFRINGED, THAT AWARD TAKES INTO ACCOUNT THE DEFENDANTS' PROFITS ATTRIBUTABLE TO THEIR INFRINGEMENT AND ORACLE IS NOT ENTITLED TO ANY ADDITIONAL AWARD. ORACLE MUST PROVE DAMAGES BY A PREPONDERANCE OF THE EVIDENCE. NOW, ORACLE IS ENTITLED TO RECOVER THE ACTUAL DAMAGES SUFFERED AS A RESULT OF THE INFRINGEMENT. ACTUAL

DAMAGES MEANS THE AMOUNT OF MONEY ADEQUATE TO COMPENSATE ORACLE FOR THE REDUCTION OF THE FAIR MARKET VALUE OF THE COPYRIGHTED

DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC [phone]

2230 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 TUESDAY, NOVEMBER 23, 2010 ___________________________________ DIANE E. SKILLMAN, CSR, RPR, FCRR ___________________________________ 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, MONDAY, NOVEMBER 22, 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.

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