Oracle Corporation et al v. SAP AG et al

Filing 1068

Declaration of Tharan Gregory Lanier in Support of 1067 Reply to Opposition/Response Reply Declaration of Tharan Gregory Lanier in Support of Defendants' Renewed Motion for Judgment as a Matter of Law and New Trial Motion 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, # 7 Exhibit G)(Related document(s) 1067 ) (Froyd, Jane) (Filed on 4/27/2011)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 ramittelstaedt@jonesday.com jmcdonell@jonesday.com ewallace@jonesday.com Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: (650) 739-3939 Facsimile: (650) 739-3900 tglanier@jonesday.com jfroyd@jonesday.com Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: (832) 239-3939 Facsimile: (832) 239-3600 swcowan@jonesday.com jlfuchs@jonesday.com Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 OAKLAND DIVISION 21 22 ORACLE USA, INC., et al., Plaintiffs, 23 v. 24 SAP AG, et al., 25 Defendants. 26 27 28 Case No. 07-CV-1658 PJH (EDL) REPLY DECLARATION OF THARAN GREGORY LANIER IN SUPPORT OF DEFENDANTS’ REPLY IN SUPPORT OF DEFENDANTS’ RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW AND NEW TRIAL MOTION Date: July 13, 2011 Time: 9:00 a.m. Courtroom: 3, 3rd Floor Judge: Hon. Phyllis J. Hamilton REPLY LANIER DECL. ISO DEFS’ REPLY ISO RENEWED MOT. FOR JMOL AND NEW TRIAL MOT. Case No. 07-CV-1658 PJH (EDL) 1 I, THARAN GREGORY LANIER, declare as follows: 2 I am a partner in the law firm of Jones Day, 1755 Embarcadero Road, Palo Alto, 3 California 94303, and counsel of record for Defendants SAP AG, SAP America, Inc. (together, 4 “SAP”) and TomorrowNow, Inc. (“TN”) (collectively, “Defendants”) in the above-captioned 5 matter. I am a member in good standing of the state bar of California and admitted to practice 6 before this Court. I make this declaration based on personal knowledge and, if called upon to do 7 so, could testify competently thereto. 8 9 1. Attached as Exhibit A is a true and correct copy of the following excerpts from FTC, The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition 10 (2011): pp. 23-24. 11 2. 12 13 14 15 16 17 18 19 Attached as Exhibit B are true and correct copies of the following excerpts from the official trial transcript dated November 1, 2010: 243:4-25. 3. Attached as Exhibit C are true and correct copies of the following excerpts from the official trial transcript dated November 9, 2010: 1133:3-8 and 1170:8-1171:6. 4. Attached as Exhibit D are true and correct copies of the following excerpts from the official trial transcript dated November 12, 2010: 1260:15-24 and 1354:21-1355:5. 5. Attached as Exhibit E are true and correct copies of the following excerpts from the official trial transcript dated November 23, 2010: 2255:7-2257:16. 6. Attached as Exhibit F is a true and correct copy of Exhibit HH to the Declaration 20 of Lisa Chin in Support of Oracle’s Opposition to SAP’s Motion for JMOL or New Trial 21 (excerpts from Plaintiffs’ Trial Exhibit PTX 404), along with the following additional excerpt 22 from PTX 404: SAP-OR00007485. 23 7. Attached as Exhibit G are true and correct copies of the unpublished cases cited in 24 Defendants’ Reply in Support of Defendants’ Renewed Motion for Judgment as a Matter of Law 25 and New Trial Motion. 26 27 28 -1- REPLY LANIER DECL. ISO DEFS’ REPLY ISO RENEWED MOT. FOR JMOL AND NEW TRIAL MOT. Case No. 07-CV-1658 PJH (EDL) 1 I declare under penalty of perjury under the laws of the United States and the State of 2 California that the foregoing is true and correct. Executed this 27th day of April, 2011 in 3 Palo Alto, California. 4 /s/ Tharan Gregory Lanier Tharan Gregory Lanier 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- REPLY LANIER DECL. ISO DEFS’ REPLY ISO RENEWED MOT. FOR JMOL AND NEW TRIAL MOT. Case No. 07-CV-1658 PJH (EDL)

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