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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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:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]
Tharan Gregory Lanier (SBN 138784)
Jane L. Froyd (SBN 220776)
JONES DAY
1755 Embarcadero Road
Palo Alto, CA 94303
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Scott W. Cowan (Admitted Pro Hac Vice)
Joshua L. Fuchs (Admitted Pro Hac Vice)
JONES DAY
717 Texas, Suite 3300
Houston, TX 77002
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Defendants
SAP AG, SAP AMERICA, INC., and
TOMORROWNOW, INC.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION
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ORACLE USA, INC., et al.,
Plaintiffs,

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v.
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SAP AG, et al.,
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Defendants.
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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)

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I, THARAN GREGORY LANIER, declare as follows:

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I am a partner in the law firm of Jones Day, 1755 Embarcadero Road, Palo Alto,

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California 94303, and counsel of record for Defendants SAP AG, SAP America, Inc. (together,

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“SAP”) and TomorrowNow, Inc. (“TN”) (collectively, “Defendants”) in the above-captioned

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matter. I am a member in good standing of the state bar of California and admitted to practice

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before this Court. I make this declaration based on personal knowledge and, if called upon to do

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so, could testify competently thereto.

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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

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(2011): pp. 23-24.

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2.

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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

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of Lisa Chin in Support of Oracle’s Opposition to SAP’s Motion for JMOL or New Trial

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(excerpts from Plaintiffs’ Trial Exhibit PTX 404), along with the following additional excerpt

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from PTX 404: SAP-OR00007485.

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7.

Attached as Exhibit G are true and correct copies of the unpublished cases cited in

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Defendants’ Reply in Support of Defendants’ Renewed Motion for Judgment as a Matter of Law

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and New Trial Motion.

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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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I declare under penalty of perjury under the laws of the United States and the State of

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California that the foregoing is true and correct. Executed this 27th day of April, 2011 in

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Palo Alto, California.

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/s/ Tharan Gregory Lanier
Tharan Gregory Lanier

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REPLY LANIER DECL. ISO DEFS’ REPLY ISO RENEWED
MOT. FOR JMOL AND NEW TRIAL MOT.
Case No. 07-CV-1658 PJH (EDL)