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 D

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 7
PAGES 1188 - 1420
OAKLAND, CALIFORNIA
FRIDAY, NOVEMBER 12, 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 (RESUMED) / MITTELSTAEDT
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Q.

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ANALYSIS IN COPYRIGHT CASES, CORRECT?

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A.

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IN GEORGIA PACIFIC CAN BE CONSIDERED IN A COPYRIGHT CASE.

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THEY'RE SORT OF BLENDED IN, BUT THEY CAN BE CONSIDERED INTO A

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COPYRIGHT CASE.

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Q.

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ANALYSIS IN THIS COPYRIGHT CASE, CORRECT?

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A.

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BUT MANY OF THE SAME FACTORS.

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AND YOU SAY THAT IT'S APPROPRIATE TO USE THE GEORGIA PACIFIC

WELL, WHAT I WOULD SAY IS THAT THE -- THE FACTORS THAT ARE

WELL, YOU SAY THAT YOU'VE PERFORMED A GEORGIA PACIFIC

A GEORGIA PACIFIC-TYPE ANALYSIS.

IT'S NOT EXACTLY THE SAME,

Text Removed - Not Relevant to Motion
RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR [phone]

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MEYER - RECROSS / MR. MITTELSTAEDT
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Q.

NOW, WHAT YOU HAVE DONE IS TO TAKE A SERIES OF STATEMENTS

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ABOUT GOALS MIGHT BE SUBJECT TO CONVERSION AND THE LIKE AND

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TRANSFORM THOSE INTO THE TYPE OF EXPECTATION THAT YOU SAY A

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COMPANY WOULD BE WILLING TO PAY BILLIONS OF DOLLARS BASED ON,

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RIGHT?

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

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MEYER - RECROSS / MR. MITTELSTAEDT
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A.

THAT'S NOT CORRECT.

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Q.

BUT YOU HAVE TAKEN DOCUMENTS THAT SAY "GOAL" AND YOU'VE

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PUT THAT UNDER YOUR HEADING CALLED "EXPECTATIONS" OR

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"EXPECTED", RIGHT?

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A.

I HAVE DONE THAT, THAT'S CORRECT.

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

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CERTIFICATE OF REPORTER

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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, FRIDAY, NOVEMBER 12, 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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SATURDAY, NOVEMBER 13, 2010