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 C

UNITED STATES DISTRICT COURT
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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____________________________)

JURY TRIAL
NO. C 07-01658 PJH
VOLUME 6
PAGES 947 - 1187
OAKLAND, CALIFORNIA
TUESDAY, NOVEMBER 9, 2010

CERTIFIED COPY
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
DAVID BOIES,
STEVEN C. HOLTZMAN, ATTORNEYS AT LAW

(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]

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MEYER - CROSS / MR. MITTELSTAEDT
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Q.

DID YOU CONSIDER THE VIEWS THAT MR. ELLISON WAS GIVING YOU

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AT THAT MEETING TO BE SUBJECTIVE VIEWS?

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A.

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HAD AN INTEREST IN THE LITIGATION.

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I TAKE FROM EXECUTIVES LIKE THAT, I HAVE TO TEMPER BACK AND

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CONSIDER, BUT COME TO MY OWN OPINIONS.

I DIDN'T CLASSIFY THEM.

OBVIOUSLY I KNEW THAT HIS COMPANY
AND SO WHATEVER INFORMATION

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

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THE COURT:

COUPLE OF OTHER THINGS.

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MR. MEYER'S A PARTICULARLY DIFFICULT WITNESS.

HE

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TALKS A LOT.

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TENDENCY TO TAKE THE QUESTIONS AWAY FROM COUNSEL AND TO TURN

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THEM INTO HIS OWN QUESTIONS AND DIRECT MR. MITTELSTAEDT TO

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OTHER AREAS OF THE PAPER, OF THE DOCUMENT THAT HE IS EXAMINING.

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AND HE HAS THIS, FOR ME, A LITTLE ANNOYING

I DON'T GENERALLY VIEW IT AS MY RESPONSIBILITY TO

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STEP IN.

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IN AND TO DIRECT THE WAY THE QUESTIONING IS HANDLED.

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GETTING A LITTLE BIT ANNOYED WITH JUST HOW MUCH HE'S DOING

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THAT.

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AND, IN FACT, I TRY TO MAKE IT A PRACTICE NOT TO STEP

SO, I AM JUST GOING TO PUT YOU ON NOTICE.

BUT I AM

I AM NOT

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SURE WHAT I WILL DO WHEN I SEE HIM THE NEXT TIME.

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NOT DOING A TERRIBLY GOOD JOB OF JUST ANSWERING THE QUESTION

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DIRECTLY.

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I UNDERSTAND HE WANTS TO EXPLAIN.

BUT HE IS

BUT IT DOES SEEM

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TO ME THAT HE OWES A DIRECT ANSWER TO A YES OR NO QUESTION

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BEFORE HE LAUNCHES OFF INTO AN EXPLANATION.

AND IT'S UP TO

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

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COUNSEL TO CONTROL THAT.

WHEN AN EXPLANATION IS APPROPRIATE, I

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HAVEN'T FOUND THAT IT IS, BUT MAINLY HE'S SAYING THE SAME THING

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OVER AND OVER AGAIN, WHICH IS WHAT I FIND TO BE A LITTLE

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DIFFICULT.

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AND OVER AGAIN IN RESPONSE TO QUESTIONS THAT ASK FOR PRETTY

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DIRECT ANSWERS.

HE'S JUST REPEATING THE SAME THING OVER AND OVER

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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, TUESDAY, NOVEMBER 9, 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 REPORTER'S CERTIFICATION OF SAID

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TRANSCRIPT MAY BE VOID UPON DISASSEMBLY AND/OR REMOVAL FROM THE

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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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WEDNESDAY, NOVEMBER 10, 2010