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 14

Fair Market Value License Negotiation Framework
Oracle’s
Negotiating
Perspective
What is Oracle
Giving Up?

Negotiation Factors*
Scope and Duration of the License
Need for the Copyrighted Works
Risk Acceptance
Competitive Relationship of the Parties

SAP’s
Negotiating
Perspective
What is SAP
Gaining?

Goals/Business Plans Related to the Copyrighted
Works
Expected Financial Benefits/Impacts
Values not Quantified

Amount That SAP Would be Reasonably Required to Pay Oracle at
the Time of the Infringement
* Consistent with Georgia-Pacific Corp. v. U.S. Plywood Corp.

‐4‐

PeopleSoft License – SAP Negotiation Factors
Negotiation Factor

Analysis

Offering

Offering PeopleSoft Maintenance is Step 1 of “3Step Plan” to Convert Customers to SAP

SAP’s Expected Impact
on Oracle

Impact Oracle’s Return on $11.1B Investment by
Taking PeopleSoft Customers

1 SAP’s Goals for New
2

SAP Increased Revenue Equals Oracle Revenue
Impact

3

SAP’s Expected
Financial Gains

$897 Million in Only 3 Years
Expected Customer Conversions of 2,000 to 6,000
SAP Expected Gains of $881M to $2.69B

January 19, 2005

‐16‐

“A Roadmap For PeopleSoft Customers to SAP”
- December 23, 2004 (Factor 3 )
2007
Upswitch Total: 1,375

3,000

Cross Sell Total:
2,250

$897 Million
$897 Million

PX0012
‐24‐

“Safe Passage: Winning Customers and Markets from OraclePeopleSoft-J.D. Edwards” – January 20, 2005 (Factors 2 &

3

)

PX0024
‐28‐

“TomorrowNow Integration Meeting”
– January 25-26, 2005 (Factor 3 )

PX0161
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PeopleSoft License – Oracle Negotiation Factors
Negotiation Factor

1 Oracle’s Goals for

PeopleSoft Acquisition

Analysis
Maintenance revenue stream from 9,920
customers
Doubles Oracle ERP worldwide market share

2 Risk to Oracle’s

Investment in PeopleSoft

$11.1B investment including software and support
materials
Loss of exclusive rights to copyrighted works

3 Oracle’s Expected
Financial Impacts

At least 3,000 expected maintenance customer
losses
Oracle expected financial impact

January 19, 2005

‐38‐

“Siebel Safe Passage Program Playbook”
– October 2005 (Factors 1 & 3 )

PX0960

‐55‐

“Business Case: TomorrowNow 2006”
– October 17, 2005 (Factors 1 & 3 )

PX0958

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