Oracle Corporation et al v. SAP AG et al

Filing 1123

Declaration of Kyle Zipes in Support of 1122 MOTION for Leave to File Motion for Reconsideration Regarding Saved Development Costs filed byOracle International Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 1122 ) (Howard, Geoffrey) (Filed on 4/17/2012)

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BINGHAM MCCUTCHEN LLP
DONN P. PICKETT (SBN 72257)
GEOFFREYM. HOWARD (SBN 157468)
BREE HANN (SBN 215695)
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286
[e-mail]
[e-mail]
[e-mail]
BOIES, SCHILLER & FLEXNER LLP
DAVID BOIES (Admitted Pro Hac Vice)
333 Main Street
Armonk, NY 10504
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
STEVEN C. HOLTZMAN (SBN 144177)
FRED NORTON (SBN 224725)
1999 Harrison St., Suite 900
Oakland, CA 94612
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

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DORIAN DALEY (SBN 129049)
JENNIFER GLOSS (SBN 154227)
500 Oracle Parkway, MiS 50p7
Redwood City, CA 94070
Telephone: [phone]
Facsimile: 650.506.7144
[e-mail]
[e-mail]

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Attorneys for Plaintiff Oracle International Corp.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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ORACLE USA, INC., et aI.,
Plaintiffs,

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v.

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SAP AG, et al.,

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No. 07-CV-01658 PJH (EDL)

DECLARATION OF KYLE ZIPES IN
SUPPORT OF MOTION FOR LEAVE TO
FILE MOTION FOR RECONSIDERATION
REGARDING SAVED DEVELOPMENT
COSTS

Defendants.

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CASE NO. 07-CV-01658 PlH (EDL
DECLARATION OF KYLE ZIPES IN SUPPORT OF MOTION FOR LEAVE TO FILE MOTION FOR
RECONSIDERATION REGARDING SAVED DEVELOPMENT COSTS

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I, Kyle Zipes, declare that I am an attorney licensed to practice law in the State of

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California and am an associate at Bingham McCutchen LLP, counscl of rccord for plaintiffs

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Oracle International Corporation ("Oracle" or "Plaintiffs"). I have personal knowledge of the

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facts stated below and could testify competently to them if required.

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1.

I submit this declaration in support of Oracle's Motion For Leave To File

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Motion for Reconsideration Regarding Saved Development Costs. The boxes and highlighting

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in the attached exhibits have been added to further assist the Court in identifying the information

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cited in Oracle's Motion.

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2.

Attached as Exhibit A is a true and correct copy of relevant excerpts of

the September 30,2010 hearing in this matter.

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3.

Attached as Exhibit B are true and correct copies of excerpts of the trial

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transcript in this matter. The following portions of the trial transcript comprise Exhibit B:

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Date(s)

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11/22/10 2135,2138,2167

Trial Transcript Pages

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Description of Event
SAP's Closing Argument

I declare under penalty of petjury under the laws of the United States that the

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foregoing facts are true and correct, and that this Declaration was executed on April 8, 2011 in

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San Francisco, California.

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April 17,2012

~
Kyle Zip

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CASE NO. 07-CV-01658 PlH (EDL

DECLARATION OF KYLE ZIPES IN SUPPORT OF MOTION FOR LEAVE TO FILE MOTION FOR
RECONSIDERATION REGARDING SAVED DEVELOPMENT COSTS