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)

EXHIBIT B

UNITED STATES DISTRICT COURT

CERTIFIED COPY

NORTHERN DISTRICT OF CALIFORNIA
BEFORE THE HONORABLE PHYLLIS J. HAMILTON, JUDGE
ORACLE CORPORATION, ET AL.

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PLAINTIFFS,
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VS.
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SAP AG, ET AL.,
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DEFENDANTS.
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____________________________)

NO. C 07-01658 PJH

PAGES 1 - 296
OAKLAND, CALIFORNIA
MONDAY, NOVEMBER 1, 2010

TRANSCRIPT OF PROCEEDINGS
APPEARANCES:
FOR PLAINTIFFS:
BY:

BY:

BINGHAM MUCCUTCHEN 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
STEVEN C. HOLTZMAN, ATTORNEY AT LAW

(APPEARANCES CONTINUED NEXT PAGE)

REPORTED BY:

RAYNEE H. MERCADO, CSR NO. 8258

RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR [phone]

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Text Removed - Not Relevant to Motion

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THE COURT:

YOU ARE JUST REQUIRED TO SHOW EACH OTHER

THE DEMONSTRATIVE EXHIBITS IN ADVANCE OF USING THEM.

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MR. PICKETT:

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THE COURT:

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MR. LANIER:

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THOSE, YOUR HONOR.

WHICH WE HAVE.

OKAY.
WE HAVE DONE THAT.

WE HAVE EXCHANGED

WE GOT 81 PAGES OF POWER POINTS THAT

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CONTAINED THINGS LIKE TEXT THAT SAYS, SAP CHOSE TO STEAL, NONE

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OF WHICH IS EVIDENCE.

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IN OPENING BEFORE ANY EVIDENCE.

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WE DO OBJECT TO THOSE AS DEMONSTRATIVES

MR. PICKETT:

IT IS PURE ARGUMENT.

THE EVIDENCE -- IN THIS CASE, THAT'S

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PRETTY EASY.

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NOT JUST THE EVIDENCE IS THAT THEY INFRINGED, BUT THEY ADMIT

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THAT THEY INFRINGED.

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SOFTWARE, I CAN'T IMAGINE HOW THAT RAISES AN ISSUE.

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THE EVIDENCE IS THEY DID INFRINGE -- I'M SORRY.

SO THE FACT THAT THEY TOOK THIS PROTECTED

THE COURT:

IS YOUR OBJECTION TO THE

CHARACTERIZATION OF THE INFRINGEMENT AS THEFT?
MR. LANIER:

YES, YOUR HONOR.

OUR OBJECTION,

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CANDIDLY, IS TO DEMONSTRATIVES THAT ARE LISTS OF ALLEGEDLY WHAT

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THE COURT WILL BE INSTRUCTING THEM ALLEGEDLY WHAT THE LAW IS.

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THIS'S REALLY A SCRIPT.

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EVIDENCE MIGHT BE OR EVIDENCE TO WHICH WE HAVE AGREED TO

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ADMISSIBILITY.

IT IS NOT THE PRESENTATION OF WHAT THE

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

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CERTIFICATE OF REPORTER
WE, RAYNEE H. MERCADO AND DIANE E. SKILLMAN, OFFICIAL

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REPORTERS FOR THE UNITED STATES COURT, NORTHERN DISTRICT OF

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CALIFORNIA, HEREBY CERTIFY THAT THE FOREGOING PROCEEDINGS IN

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C07-01658PJH, ORACLE, USA, INC., ET AL. V. SAP AG, ET AL., WERE

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REPORTED BY US ON, MONDAY, NOVEMBER 1, 2010, CERTIFIED

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SHORTHAND REPORTERS, AND WERE THEREAFTER TRANSCRIBED UNDER OUR

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DIRECTION INTO TYPEWRITING; THAT THE FOREGOING IS A FULL,

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COMPLETE AND TRUE RECORD OF SAID PROCEEDINGS AS BOUND BY US AT

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THE TIME OF FILING.

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THE VALIDITY OF THE REPORTERS' CERTIFICATION OF

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SAID TRANSCRIPT MAY BE VOID UPON DISASSEMBLY AND/OR REMOVAL

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FROM THE COURT FILE.

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___________________________________

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RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR

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/s/

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___________________________________

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DIANE E. SKILLMAN, CSR, RPR, FCRR

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TUESDAY, NOVEMBER 2, 2010