Oracle Corporation et al v. SAP AG et al

Filing 1135

Witness List by Tomorrownow Inc, SAP America Inc, SAP AG Defendants' Witness List for New Trial. (Froyd, Jane) (Filed on 4/26/2012)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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: (415) 626-3939 Facsimile: (415) 875-5700 ramittelstaedt@jonesday.com jmcdonell@jonesday.com ewallace@jonesday.com Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: (650) 739-3939 Facsimile: (650) 739-3900 tglanier@jonesday.com jfroyd@jonesday.com Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: (832) 239-3939 Facsimile: (832) 239-3600 swcowan@jonesday.com jlfuchs@jonesday.com Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 OAKLAND DIVISION 22 ORACLE USA, INC., et al., 23 Plaintiffs, 24 DEFENDANTS’ WITNESS LIST FOR NEW TRIAL v. 25 Case No. 07-CV-1658 PJH (EDL) SAP AG, et al., 26 Defendants. 27 28 DEFENDANTS’ WITNESS LIST FOR NEW TRIAL Case No. 07-CV-1658 PJH (EDL) 1 Defendants submit the attached trial witness list indicating all of those witnesses whom 2 Defendants expect to call at the new trial, either in person or by deposition. See Exhibit “A.” 3 Defendants’ Witness List for New Trial should be considered to include testimony within the 4 scope of Defendants’ deposition designations. Certain witnesses named in the attached list 5 provided all or some of their deposition testimony in a representative capacity (i.e., under Fed. R. 6 Civ. P. 30(b)(6)) on behalf of a party or third party entity and that fact is noted on the face of their 7 deposition transcript. In those instances, the designated witness shall be deemed to be the entity 8 on whose behalf the individual provided the deposition testimony. 9 This list is limited to the claims and defenses currently available in this case based on the 10 parties’ stipulations and the Court’s prior orders. Defendants reserve the right to add, remove, or 11 re-designate witnesses as appearing live or by deposition in light of the Defendants’ ongoing 12 efforts to streamline trial and the Court’s further rulings on pending motions. For example, 13 several witnesses are designated solely for foundational purposes. Should Oracle stipulate to or 14 the Court rule on the admissibility of documents prior to trial, Defendants’ witness list will be 15 further narrowed. Moreover, consistent with this Court’s orders, the attached list does not 16 necessarily include all those witnesses whom Defendants may call at trial solely for impeachment 17 or rebuttal. 18 Dated: April 26, 2012 Respectfully submitted, 19 Jones Day 20 21 By: /s/ Tharan Gregory Lanier Tharan Gregory Lanier 22 Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. 23 24 25 26 27 28 -1- DEFENDANTS’ WITNESS LIST FOR NEW TRIAL Case No. 07-CV-1658 PJH (EDL) Exhibit “A” ORACLE USA, INC. ET AL. v SAP AG ET AL. USDC -- NORTHERN DIST. OF CALIFORNIA Case No. C 07 1658 PJH (EDL) DEFENDANTS' WITNESS LIST FOR NEW TRIAL WITNESS SUBSTANCE OF TESTIMONY Andersen, Jesper Plaintiff's products and services; Plaintiff's sales and marketing; Plaintiff's business operations; Causation and damages Anderson, Mary SAP's financial operations; Causation and damages Bailey, Thomas Causation and damages; Honeywell Block, Keith Plaintiff's business operations; Plaintiff's sales and marketing; Causation and damages Blotner, Richard Plaintiff's business operations; Plaintiff's products and services; Plaintiff's sales and marketing Brazile, Steven Causation and damages; Sara Lee Brook, Paul Plaintiff's business operations; Causation and damages Burke, John Plaintiff's business operations; Plaintiff's competitive intelligence regarding TN Busillo, Joe SAP's financial operations; Causation and damages Clarke, Stephen Expert report and related issues Crossman, Meeia Plaintiff's business operations; Plaintiff's sales and marketing; Causation and damages Cummins, Richard Plaintiff's business operations; Plaintiff's products and services; Plaintiff's sales and marketing; Causation and damages Custodian(s) or Declarant(s) of Record Authentication and admission of documents as needed Duggan, Paul Plaintiff's business operations; Plaintiff's sales and marketing; Causation and damages Hallenberger, Tracy Causation and damages; Baker Botts Henslee, Robbin Plaintiff's business operations; Plaintiff's sales and marketing; Causation and damages Homs, Charles Plaintiff's business operations; Plaintiff's competitive intelligence regarding Safe Passage Jones, Juan Plaintiff's business operations; Plaintiff's products and services; Plaintiff's sales and marketing; Plaintiff's competitive intelligence regarding TN; Causation and damages Kehring, Douglas Plaintiff's financials and customer information; Oracle's acquisitions of PeopleSoft and Siebel; Causation and damages Page 1 of 3 ORACLE USA, INC. ET AL. v SAP AG ET AL. USDC -- NORTHERN DIST. OF CALIFORNIA Case No. C 07 1658 PJH (EDL) DEFENDANTS' WITNESS LIST FOR NEW TRIAL WITNESS SUBSTANCE OF TESTIMONY Kishore, Ann Plaintiff's agreements Kreul, John Causation and damages; Pepsi America Lyskawa, Nancy Plaintiff's business operations; Plaintiff's sales and marketing; Causation and damages McDermott, Bill SAP and TN competition with Oracle; SAP’s financials and customer information; SAP sales and marketing; SAP’s products and services; Causation and damages McMillan, Eileen Plaintiff's business operations; Plaintiff's financials and customer information; Causation and damages Nolan, Brad Plaintiff's business operations; Plaintiff's products and services; Plaintiff's sales and marketing; Causation and damages O'Donnell, Jeffrey Causation and damages; Lexmark Phillips, Charles Plaintiff's business operations; Plaintiff's products and services; Plaintiff's sales and marketing; Plaintiff's financials and customer information; Causation and damages Ransom, Buffy Plaintiff's business operations; Plaintiff's products and services; Plaintiff's sales and marketing; Causation and damages Ravin, Seth Causation and damages Restmeyer, Dan Causation and damages; Amgen Rottler, Juergen Plaintiff's business operations; Plaintiff''s products and services; Plaintiff's sales and marketing; Causation and damages Rozwat, Charles Plaintiff's business operations; Plaintiff's products and services; Causation and damages Ryland, Keith Plaintiff's business operations; Plaintiff's financials and customer information; Causation and damages Shippy, Elizabeth Plaintiff's business operations; Plaintiff's sales and marketing; Plaintiff's financials and customer information; Plaintiff's collection and retention of documents; Causation and damages Sim, Judith Plaintiff's sales and marketing; Causation and damages Singh, Bruno Causation and damages; NBC Universal Sommer, Brian Expert report and related issues Page 2 of 3 ORACLE USA, INC. ET AL. v SAP AG ET AL. USDC -- NORTHERN DIST. OF CALIFORNIA Case No. C 07 1658 PJH (EDL) DEFENDANTS' WITNESS LIST FOR NEW TRIAL WITNESS SUBSTANCE OF TESTIMONY Van Boening, Michael Plaintiff's business operations; Plaintiff's products and services; Plaintiff's sales and marketing; Plaintiff's financials and customer information; Causation and damages Van Wissen, Albert TomorrowNow's financial operations; Causation and damages Wasson, Robert Causation and damages; McLennan County Page 3 of 3

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