Oracle Corporation et al v. SAP AG et al

Filing 1058

Declaration of Lisa Chin in Support of 1057 Opposition/Response to Motion for JMOL or New Trial filed byOracle International Corporation. (Attachments: # 1 Exhibit A part 1, # 2 Exhibit A part 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit BB, # 30 Exhibit CC, # 31 Exhibit DD, # 32 Exhibit EE, # 33 Exhibit FF, # 34 Exhibit GG, # 35 Exhibit HH, # 36 Exhibit II, # 37 Exhibit JJ, # 38 Exhibit KK, # 39 Exhibit LL, # 40 Exhibit MM, # 41 Exhibit NN, # 42 Exhibit OO, # 43 Exhibit PP, # 44 Exhibit QQ, # 45 Exhibit RR, # 46 Exhibit SS, # 47 Exhibit TT, # 48 Exhibit UU, # 49 Exhibit VV)(Related document(s) 1057 ) (Howard, Geoffrey) (Filed on 4/8/2011)

Oracle Corporation et al v. SAP AG et al

Doc. 1058

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BINGHAM MCCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) ZACHARY J. ALINDER (SBN 209009) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: 415.393.2286 [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) 333 Main Street Armonk, NY 10504 Telephone: [phone] Facsimile: [phone] [e-mail] STEVEN C. HOLTZMAN (SBN 144177) FRED NORTON (SBN 224725) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: 650.506.7144 [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., et al. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., No. 07-CV-01658 PJH (EDL) DECLARATION OF LISA CHIN IN SUPPORT OF ORACLE'S OPPOSITION TO SAP'S MOTION FOR JMOL OR NEW TRIAL

26 27 Defendants. 28

CHIN DECLARATION IN SUPPORT OF OPPOSITION TO SAP'S MOTION FOR JMOL OR NEW TRIAL CASE NO. 07-CV-01658 PJH (EDL)
Dockets.Justia.com

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I, Lisa Chin, declare that I am an attorney licensed to practice law in the State of California and am an associate at Bingham McCutchen LLP, counsel of record for plaintiffs Oracle USA, Inc., Oracle International Corporation, and Siebel Systems, Inc. ("Oracle" or "Plaintiffs"). I have personal knowledge of the facts stated below and could testify competently to them if required. 1. The following index to exhibits is intended to aid the Court's reference to

materials cited in Oracle's opposition. The details for each exhibit follow the index, organized by the same roman numeral categories as reflected in the index. The boxes and highlighting in the attached exhibits have been added to further assist the Court in identifying the information cited in Oracle's opposition. EXHIBIT INDEX TRANSCRIPT EXCERPTS Trial Transcript Shai Agassi Deposition Transcript played on November 4, 2010 Terry Hurst Deposition Transcript played on November 8, 2010 Juan Jones Deposition Transcript played on November 15, 2010 Henning Kagermann Deposition Transcript played on November 15, 2010 Andrew Nelson Deposition Transcript played on November 18, 2010 Gerhard Oswald Deposition Transcript played on November 4 and 5, 2010 Thomas Ziemen Deposition Transcript played on November 4, 2010 TRIAL EXHIBITS EXCERPTS Defendants' Trial Exhibit A-4027 Joint Trial Exhibit 1 Joint Trial Exhibit 2 Joint Trial Exhibit 4 Plaintiffs' Trial Exhibit 6 Plaintiffs' Trial Exhibit 7 1
CHIN DECLARATION IN SUPPORT OF OPPOSITION TO SAP'S MOTION FOR JMOL OR NEW TRIAL CASE NO. 07-CV-01658 PJH (EDL)

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O P Q

Plaintiffs' Trial Exhibit 11 Plaintiffs' Trial Exhibit 12 Plaintiffs' Trial Exhibit 13 Plaintiffs' Trial Exhibit 15 Plaintiffs' Trial Exhibit 19 Plaintiffs' Trial Exhibit 23 Plaintiffs' Trial Exhibit 24 Plaintiffs' Trial Exhibit 37 Plaintiffs' Trial Exhibit 43 Plaintiffs' Trial Exhibit 97 Plaintiffs' Trial Exhibit 141 Plaintiffs' Trial Exhibit 157 Plaintiffs' Trial Exhibit 161 Plaintiffs' Trial Exhibit 171 Plaintiffs' Trial Exhibit 177 Plaintiffs' Trial Exhibit 245 Plaintiffs' Trial Exhibit 267 Plaintiffs' Trial Exhibit 269 Plaintiffs' Trial Exhibit 380 Plaintiffs' Trial Exhibit 404 Plaintiffs' Trial Exhibit 614 Plaintiffs' Trial Exhibit 615 Plaintiffs' Trial Exhibit 653 Plaintiffs' Trial Exhibit 958 Plaintiffs' Trial Exhibit 960 Plaintiffs' Trial Exhibit 970 Plaintiffs' Trial Exhibit 984 2

4 R 5 S 6 T 7 U 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 V W X Y Z AA BB CC DD EE FF GG HH II JJ KK LL MM NN OO

CHIN DECLARATION IN SUPPORT OF OPPOSITION TO SAP'S MOTION FOR JMOL OR NEW TRIAL CASE NO. 07-CV-01658 PJH (EDL)

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PP QQ RR

Plaintiffs' Trial Exhibit 2841 Plaintiffs' Trial Exhibit 4809 Plaintiffs' Trial Exhibit 4811 Plaintiffs' Trial Exhibit 4814 Plaintiffs' Trial Exhibit 4822 Plaintiffs' Trial Exhibit 7028 MISCELLANEOUS Court's 11/02/10 Ruling on Deposition Designation Objections TRANSCRIPTS 2. Attached as Exhibit A are true and correct copies of excerpts of the trial

4 SS 5 TT 6 UU 7 8 9 10 11 12 13 14 15 16 17 18 11/04/10 499-502 19 20 21 22 23 24 25 26 27 28 3
CHIN DECLARATION IN SUPPORT OF OPPOSITION TO SAP'S MOTION FOR JMOL OR NEW TRIAL CASE NO. 07-CV-01658 PJH (EDL)

III. VV I.

transcript in this matter. The following portions of the trial transcript comprise Exhibit A: Date(s) Trial Transcript Pages Description of Event Discussion Regarding Admission of Contributory Infringement Evidence Discussion Regarding Court's Rulings on Objections to Deposition Designations Testimony of Buffy Ransom Testimony of Edward Screven Discussion Regarding Admission of Contributory Infringement Evidence Testimony of Charles Phillips Testimony of John Zepecki Testimony of Richard Allison Testimony of Werner Brandt Testimony of Lawrence Ellison Testimony of Safra Catz Testimony of Paul Meyer

11/01/10 253-260 11/02/10 306-309 11/02/10 418-421, 426-433 11/02/10 450-461, 466-473

11/04/10 515-542 11/04/10 595-602, 607-614, 619-622 11/05/10 653-664, 669-676 11/05/10 676-688, 693-696, 701-732 11/08/10 758-769 11/08/10 838-869 11/08/10 890-946, 967-1050, 1075-1082, 11/09/10 1312-1331 11/12/10

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Date(s)

Trial Transcript Pages

Description of Event Discussion Regarding Admission of Contributory Infringement Evidence Testimony of Kevin Mandia Court Instruction on Stipulated Facts Testimony of William McDermott Testimony of Stephen Clarke

11/12/10 1196-1199 11/12/10 1380-1395 11/15/10 1445-1448 11/15/10 1453-1460, 1465-1468, 14811488, 1493-1504 11/16/10 1540-1543, 1564-1575, 158011/18/10 1587, 1628-1635, 1776-1779, 1860-1867 11/19/10 1896-1911, 1920-1923 11/19/10 1980-1983 11/22/10 2097-2103 11/22/10 2014-2112, 2121-2124, 21332136, 2145-2148, 2169-2172 11/22/10 2209-2220 11/23/10 2255-2258 3.

Testimony of Safra Catz Discussion Regarding Jury Instructions Oracle's Closing Argument SAP's Closing Argument Jury Instructions Discussion Regarding Oracle's Rebuttal Argument

Attached as Exhibit B is a true and correct copy of relevant excerpts of

the January 5, 2009 Shai Agassi Deposition, played to the jury on November 4, 2010. 4. Attached as Exhibit C is a true and correct copy of relevant excerpts of

the April 30, 2008 and September 10, 2009 Terry Hurst Depositions, played to the jury on November 8, 2010. 5. Attached as Exhibit D is a true and correct copy of relevant excerpts of

the April 24, 2008 Juan Jones Deposition, played to the jury on November 15, 2010. 6. Attached as Exhibit E is a true and correct copy of relevant excerpts of

the September 26, 2008 Henning Kagermann Deposition, played to the jury on November 15, 2010. 7. Attached as Exhibit F is a true and correct copy of relevant excerpts of the

February 26, 2009 Andrew Nelson Deposition, played to the jury on November 18, 2010. 8. Attached as Exhibit G is a true and correct copy of relevant excerpts of 4

CHIN DECLARATION IN SUPPORT OF OPPOSITION TO SAP'S MOTION FOR JMOL OR NEW TRIAL CASE NO. 07-CV-01658 PJH (EDL)

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the December 10 and December 11, 2008 Gerhard Oswald Depositions, played to the jury on November 4 and 5, 2010. 9. Attached as Exhibit H is a true and correct copy of relevant excerpts of

the September 30 and October 1, 2008 Thomas Ziemen Depositions, played to the jury on November 4, 2010. II. TRIAL EXHIBITS 10. Attached as Exhibit I is a true and correct copy of Defendants' Trial

Exhibit A-04027, admitted into evidence on November 5, 2010. 11. Attached as Exhibit J is a true and correct copy of Joint Trial Exhibit 1,

admitted into evidence on November 9, 2010. 12. Attached as Exhibit K is a true and correct copy of Joint Trial Exhibit 2,

admitted into evidence on November 9, 2010. 13. Attached as Exhibit L is a true and correct copy of Joint Trial Exhibit 4,

admitted into evidence on November 9, 2010. 14. Attached as Exhibit M is a true and correct copy of Plaintiffs' Trial

Exhibit 6, admitted into evidence on November 4, 2010. 15. Attached as Exhibit N is a true and correct copy of Plaintiffs' Trial

Exhibit 7, admitted into evidence on November 4, 2010. 16. Attached as Exhibit O is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 11, admitted into evidence on November 4, 2010. Attached Exhibit O contains the first two pages of Plaintiff's Trial Exhibit 11. 17. Attached as Exhibit P is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 12, admitted into evidence on November 4, 2010. Attached Exhibit P contains pages 1, 2, 10 and 11 of Plaintiffs' Trial Exhibit 12. 18. Attached as Exhibit Q is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 13, admitted into evidence on November 8, 2010. Attached Exhibit Q contains pages 1 and 18 of Plaintiff's Trial Exhibit 13. 19. Attached as Exhibit R is a true and correct copy of excerpts of Plaintiffs' 5

CHIN DECLARATION IN SUPPORT OF OPPOSITION TO SAP'S MOTION FOR JMOL OR NEW TRIAL CASE NO. 07-CV-01658 PJH (EDL)

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Trial Exhibit 15, admitted into evidence on November 4, 2010. Attached Exhibit R contains pages 1 and 8 of Plaintiff's Trial Exhibit 15. 20. Attached as Exhibit S is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 19, admitted into evidence on November 4, 2010. Attached Exhibit S contains pages 1, 2, 7 and 8 of Plaintiffs' Trial Exhibit 19. 21. Attached as Exhibit T is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 23, admitted into evidence on November 8, 2010. Attached Exhibit T contains pages 1 and 14 of Plaintiffs' Trial Exhibit 23. 22. Attached as Exhibit U is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 24, admitted into evidence on November 4, 2010. Attached Exhibit U contains pages 1, 2, 4 and 6 of Plaintiffs' Trial Exhibit 24. 23. Attached as Exhibit V is a true and correct copy of Plaintiffs' Trial

Exhibit 37, admitted into evidence on November 8, 2010. 24. Attached as Exhibit W is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 43, admitted into evidence on November 4, 2010. Attached Exhibit W contains the first two pages of Plaintiffs' Trial Exhibit 43. 25. Attached as Exhibit X is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 97, admitted into evidence on November 8, 2010. Attached Exhibit X contains the first two pages of Plaintiffs' Trial Exhibit 97. 26. Attached as Exhibit Y is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 141, admitted into evidence on November 4, 2010. Attached Exhibit Y contains pages 1-3, 5, 7, and 8 of Plaintiffs' Trial Exhibit 141. 27. Attached as Exhibit Z is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 157, admitted into evidence on November 4, 2010. Attached Exhibit Z contains the first three pages of Plaintiffs' Trial Exhibit 157. 28. Attached as Exhibit AA is a true and correct copy of excerpts of

Plaintiffs' Trial Exhibit 161, admitted into evidence on November 4, 2010. Attached Exhibit AA contains pages 1, 4, and 24 of Plaintiffs' Trial Exhibit 161. 6
CHIN DECLARATION IN SUPPORT OF OPPOSITION TO SAP'S MOTION FOR JMOL OR NEW TRIAL CASE NO. 07-CV-01658 PJH (EDL)

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29.

Attached as Exhibit BB is a true and correct copy of excerpts Plaintiffs'

Trial Exhibit 171, admitted into evidence on November 5, 2010. Attached Exhibit BB contains pages 1-3 and 16 of Plaintiffs' Trial Exhibit 171. 30. Attached as Exhibit CC is a true and correct copy of excerpts of

Plaintiffs' Trial Exhibit 177, admitted into evidence on November 4, 2010. Attached Exhibit CC contains the first two pages of Plaintiffs' Trial Exhibit 177. 31. Attached as Exhibit DD is a true and correct copy of excerpts of

Plaintiffs' Trial Exhibit 245, admitted into evidence on November 4, 2010. Attached Exhibit DD contains pages 1, 6, and 12 of Plaintiffs' Trial Exhibit 245. 32. Attached as Exhibit EE is a true and correct copy of excerpts of

Plaintiffs' Trial Exhibit 267, admitted into evidence on November 4, 2010. Attached Exhibit EE contains pages 1 and 5 of Plaintiffs' Trial Exhibit 267. 33. Attached as Exhibit FF is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 269, admitted into evidence on November 8, 2010. Attached Exhibit FF contains pages 1 and 13-18 of Plaintiffs' Trial Exhibit 269. 34. Attached as Exhibit GG is a true and correct copy of excerpts of

Plaintiffs' Trial Exhibit 380, admitted into evidence on November 4, 2010. Attached Exhibit GG contains the first two pages of Plaintiffs' Trial Exhibit 380. 35. Attached as Exhibit HH is a true and correct copy of excerpts of

Plaintiffs' Trial Exhibit 404, admitted into evidence on November 4, 2010. Attached Exhibit HH contains pages 1, 14, and 28 of Plaintiffs' Trial Exhibit 404. 36. Attached as Exhibit II is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 614, admitted into evidence on November 8, 2010. Attached Exhibit II contains the first page of the copy marked as Plaintiffs' Trial Exhibit 614, and the fifth page from a more legible version of the same document printed from the native file. 37. Attached as Exhibit JJ is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 615, admitted into evidence on November 8, 2010. Attached Exhibit JJ contains the first page of Plaintiffs' Trial Exhibit 615. 7
CHIN DECLARATION IN SUPPORT OF OPPOSITION TO SAP'S MOTION FOR JMOL OR NEW TRIAL CASE NO. 07-CV-01658 PJH (EDL)

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38.

Attached as Exhibit KK is a true and correct copy of excerpts of

Plaintiffs' Trial Exhibit 653, admitted into evidence on November 8, 2010. Attached Exhibit KK contains the first two pages of Plaintiffs' Trial Exhibit 653. 39. Attached as Exhibit LL is a true and correct copy of excerpts of

Plaintiffs' Trial Exhibit 958, admitted into evidence on November 8, 2010. Attached Exhibit LL contains pages 1-2, 20, and 22 of Plaintiffs' Trial Exhibit 958. 40. Attached as Exhibit MM is a true and correct copy of excerpts of

Plaintiffs' Trial Exhibit 960, admitted into evidence on November 8, 2010. Attached Exhibit MM contains the first two pages of Plaintiffs' Trial Exhibit 960. 41. Attached as Exhibit NN is a true and correct copy of Plaintiffs' Trial

Exhibit 970, admitted into evidence on November 18, 2010. 42. Attached as Exhibit OO is a true and correct copy of excerpts of

Plaintiffs' Trial Exhibit 984, admitted into evidence on November 8, 2010. Attached Exhibit OO contains the first two pages of Plaintiffs' Trial Exhibit 984. 43. Attached as Exhibit PP is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 2841, admitted into evidence on November 5, 2010. Attached Exhibit PP contains the first page of Plaintiffs' Trial Exhibit 2841. 44. Attached as Exhibit QQ is a true and correct copy of excerpts of

Plaintiffs' Trial Exhibit 4809, admitted into evidence on November 8, 2010. Attached Exhibit QQ contains pages 1, 2, 59, and 60 of Plaintiffs' Trial Exhibit 4809. 45. Attached as Exhibit RR is a true and correct copy of excerpts of

Plaintiffs' Trial Exhibit 4811, admitted into evidence on November 4, 2010. Attached Exhibit RR contains pages 1, 4, and 30 of Plaintiffs' Trial Exhibit 4811. 46. Attached as Exhibit SS is a true and correct copy of excerpts of Plaintiffs'

Trial Exhibit 4814, admitted into evidence on November 8, 2010. Attached Exhibit SS contains pages 1, 2, and 11 of Plaintiffs' Trial Exhibit 4814. 47. Attached as Exhibit TT is a true and correct copy of Plaintiffs' Trial

Exhibit 4822, admitted into evidence on November 9, 2010. 8
CHIN DECLARATION IN SUPPORT OF OPPOSITION TO SAP'S MOTION FOR JMOL OR NEW TRIAL CASE NO. 07-CV-01658 PJH (EDL)

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48.

Attached as Exhibit UU is a true and correct copy of Plaintiffs' Trial

Exhibit 7028, admitted into evidence on November 18, 2010. III. MISCELLANEOUS 49. Attached as Exhibit VV is a true and correct copy of the Court's

November 2, 2010 Rulings on SAP's Objections to Oracle's Deposition Designations. 50. I am informed and believe that ECF pages 8, 15, 26, 30, 31, 33, 34, 36,

and 37 of Exhibit 38 to the Lanier Declaration ISO SAP's Motion for JMOL or New Trial, Dkt. 1045-38, were not presented to the jury during Paul Meyer's testimony on November 8 and 9, 2011. (Note that these page numbers refer to those imprinted by the Court's filing system, not the slide numbers shown on the bottom of each page.) I am informed and believe that ECF pages 54, 55, 56, 58, 75, 77, and 82 of Exhibit 38 were not also not presented to the jury; instead, ECF pages 83, 84, 85, 86, 87, 88, and 89 of Exhibit 38 were presented in their place, respectively. I declare under penalty of perjury under the laws of the United States that the foregoing facts are true and correct, and that this Declaration was executed on April 8, 2011 in San Francisco, California.

Lisa Chin

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CHIN DECLARATION IN SUPPORT OF OPPOSITION TO SAP'S MOTION FOR JMOL OR NEW TRIAL CASE NO. 07-CV-01658 PJH (EDL)