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)

EXHIBIT 12

Oracle v. SAP
Oracle Opening Statement
Tuesday, November 2, 2010

1

Oracle’s Business Relies On Innovation,
Research, and Development
Oracle invests billions of dollars each year and employs
tens of thousands of engineers in research and
development to develop new products, improve existing
products, fulfill customer demand, and remain competitive.

Billions of Dollars in R&D Investment Each Year
3.5

$3.3B
$2.9B

3

$2.7B
2.5

$2.2B
$1.9B

2

$1.5B

1.5

$1.25B
1
0.5

0

2004

2005

2006

2007

2008

2009

2010

28,000 full-time employees devoted to R&D (as of
2010) – over 25% of all Oracle employees
12

What Factors Show How Valuable And Important The
License To Oracle’s Copyrighted Property
Would Be To SAP?

What factors that existed at the time
demonstrate the value of the license
that SAP took?
1. scope and duration of the license
2. each party’s need for the copyrighted
property
3. SAP’s willingness to assume risk of
infringement liability is an admission of
value
4. competitive relationship of the parties
5. goals and business plans related to
the copyrighted property
6. expected financial benefits or impacts
to each party
7. other non-financial factors
30