Oracle Corporation et al v. SAP AG et al

Filing 1143

Declaration of Tharan Gregory Lanier in Support of 1142 MOTION in Limine Defendants' Motions in Limine filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(Related document(s) 1142 ) (Froyd, Jane) (Filed on 4/26/2012)

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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 THARAN
GREGORY LANIER IN SUPPORT OF
DEFENDANTS’ MOTIONS IN LIMINE
Date:
Time:
Place:
Judge:

May 24, 2012
2:30 p.m.
3rd Floor, Courtroom 3
Hon. Phyllis J. Hamilton

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LANIER DECLARATION IN SUPPORT OF
DEFENDANTS’ MOTIONS IN LIMINE
Case No. 07-CV-1658 PJH (EDL)

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I, THARAN GREGORY LANIER, 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. (collectively, “Defendants”) in the above-captioned matter. I am a member

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

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

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competently thereto.

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1.

Attached as Exhibit 1 is a true and correct copy of relevant excerpts from the May

12, 2010 deposition of Paul K. Meyer.
2.

Attached as Exhibit 2 is a true and correct copy of relevant excerpts from the May

13, 2010 deposition of Paul K. Meyer.
3.

Attached as Exhibit 3 is a true and correct copy of relevant excerpts from the May

14, 2010 deposition of Paul K. Meyer.
4.

Attached as Exhibit 4 is a true and correct copy of a document titled “Causes of

Action,” marked as Defendants’ Deposition Exhibit 2017.
5.

Attached as Exhibit 5 is a true and correct copy of Schedule 42.2.DU to the Expert

Report of Paul K. Meyer, marked as Defendants’ Deposition Exhibit 2020.
6.

Attached as Exhibit 6 is a true and correct copy of a document titled “Updated

Summary of Oracle’s Lost Profits,” marked as Defendants’ Deposition Exhibit 2024.
7.

Attached as Exhibit 7 is a true and correct copy of relevant excerpts from the

February 23, 2010 Supplemental Expert Report of Paul K. Meyer.
8.

Attached as Exhibit 8 is a true and correct copy of a June 25, 2009 e-mail

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exchange between my colleague, Jason McDonell, and Holly House, former counsel for

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Plaintiffs.

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9.

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Attached as Exhibit 9 is a true and correct copy of a June 26, 2009 e-mail

exchange between Amy Donnelly, former counsel for Plaintiffs, and Mr. McDonell.
10.

Attached as Exhibit 10 is a true and correct copy of a January 19, 2010 e-mail

exchange between Ms. House and Mr. McDonell.
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LANIER DECLARATION IN SUPPORT OF
DEFENDANTS’ MOTIONS IN LIMINE
Case No. 07-CV-1658 PJH (EDL)

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11.

Attached as Exhibit 11 is a true and correct copy of a relevant excerpt of

Plaintiffs’ Fourth Supplemental and Amended Initial Disclosure served on March 30, 2010.
12.

Attached as Exhibit 12 is a true and correct copy of relevant demonstratives

Oracle displayed to the jury in its opening statement at the November 2010 trial in this case.
13.

Attached as Exhibit 13 is a true and correct copy of relevant demonstratives

Oracle displayed to the jury in its closing argument at the November 2010 trial in this case.
14.

Attached as Exhibit 14 is a true and correct copy of relevant demonstratives Paul

K. Meyer displayed to the jury during his testimony at the November 2010 trial in this case.

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15.

Attached as Exhibit 15 is a true and correct copy of Joint Trial Exhibit No. 6.

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16.

Attached as Exhibit 16 is a true and correct copy of Plaintiffs’ Proposed Jury

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Instruction regarding “Copyright Damages—Infringer’s Profits.”
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Attached as Exhibit 17 is a true and correct copy of Plaintiffs’ Proposed Jury

Instructions regarding “Copyright Damages—Willful Infringement.”
18.

Attached as Exhibit 18 is a true and correct copy of relevant excerpts of the

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official trial transcripts for the following dates: November 1, 2010; November 2, 2010; November

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4, 2010; November 8, 2010; November 9, 2010; November 12, 2010; November 16, 2010;

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November 18, 2010; November 22, 2010; November 23, 2010.

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19.

Attached as Exhibit 19 is a true and correct copy of Luke v. Family Care &

Urgent Med. Clinics, 323 Fed. App’x 496 (9th Cir. 2009).
20.

Attached as Exhibit 20 is a true and correct copy of United States v. 14.3 Acres of

Land, No. 07-cv-886, 2011 WL 2414348 (S.D. Cal. June 10, 2011).
I declare under penalty of perjury under the laws of the United States and the State of
California that the foregoing is true and correct.
Executed this 26th day of April, 2012 in San Francisco, California.

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/s/ Tharan Gregory Lanier
Tharan Gregory Lanier

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SVI-107149v2

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LANIER DECLARATION IN SUPPORT OF
DEFENDANTS’ MOTIONS IN LIMINE
Case No. 07-CV-1658 PJH (EDL)