Oracle Corporation et al v. SAP AG et al

Filing 1071

Declaration of Jane L. Froyd in Support of 1070 MOTION Approval of Security Pursuant to FRCP 62 Defendants' Motion For Approval of Security Pursuant to Rule 62 of the Federal Rules of Civil Procedure filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 1070 ) (Froyd, Jane) (Filed on 5/20/2011)

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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.

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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.,

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Plaintiffs,

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v.

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SAP AG, et al.,

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Defendants.

Case No. 07-CV-1658 PJH (EDL)
DECLARATION OF JANE L. FROYD
IN SUPPORT OF DEFENDANTS’
MOTION FOR APPROVAL OF
SECURITY PURSUANT TO RULE 62
OF THE FEDERAL RULES OF CIVIL
PROCEDURE
Date:
June 29, 2011
Time:
9:00 a.m.
Courtroom: 3, 3rd Floor
Judge:
Hon. Phyllis J. Hamilton

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SVI-93183v1

DECLARATION OF JANE L. FROYD ISO DEFS.’ MOT. FOR
APPROVAL OF PROPOSED SECURITY
Case No. 07-CV-1658 PJH (EDL)

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I, JANE L. FROYD, 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., and

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TomorrowNow, Inc. (“Defendants”) in the above-captioned matter. I am a member in good

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standing of the state bar of California and admitted to practice before this Court. I make this

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declaration based on personal knowledge and, if called upon to do so, could testify competently

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thereto.

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1.

Attached as Exhibit 1 is a true and correct copy of the supersedeas bond in the

amount of $1,325,033,547.00, obtained by Defendants as security to stay execution of final

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judgment, entered on February 3, 2011 (ECF No. 1036), pending disposition of post-judgment

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motions and, if necessary, appeal, along with supporting documents.

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2.

Attached as Exhibit 2 is a true and correct copy of e-mail correspondence between

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me and Zac Alinder, counsel for Oracle USA, Inc., Oracle International Corporation, and Siebel

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Systems, Inc., and others, dated May 16, 2011.

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3.

Attached as Exhibit 3 is a true and correct copy of e-mail correspondence between

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me and Zac Alinder, counsel for Oracle USA, Inc., Oracle International Corporation, and Siebel

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Systems, Inc., and others, dated May 20, 2011.

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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 20th day of May, 2011 in Palo

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Alto, California.

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/s/ Jane L. Froyd
Jane L. Froyd

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SVI-93183v1

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DECLARATION OF JANE L. FROYD ISO DEFS.’ MOT. FOR
APPROVAL OF PROPOSED SECURITY
Case No. 07-CV-1658 PJH (EDL)