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 7
2.
444.
Opinion: SAP Revenue
TomorrowNow Customers
Received
from
Relevant
SAP has identified a subset of its “Safe Passage” customers, comprised of
86 of the Relevant TomorrowNow Customers (“List of 86”), that purchased
TomorrowNow
support
services
and
SAP
products
or
services
simultaneously, or that were existing TomorrowNow customers at the time
that they purchased new SAP software or service.831 SAP products and
services sold to these customers include both the sale of SAP software to
replace the customers’ PeopleSoft, J.D. Edwards or Siebel applications, as well
as sales of other non‐replacement SAP products and services.
445.
I have reviewed and analyzed the customer‐specific revenue data
produced by SAP for the List of 86 Customers, which includes revenue from
sales of licenses, support, training and other services for the period of 2002 to
2008.832 From 2005 (when SAP acquired TomorrowNow) through 2008, SAP
received $1.37 billion in revenue from sales of SAP software licenses, support,
training and other services to the List of 86 customers, $898 million of which
was received after the customer started receiving support services from
See, for example, Deposition of Paul Cooley (Waste Management Director of Information Technologies),
November 24, 2009, pgs. 34‐39, who testified that the total cost of ownership was a deciding factor in Waste
Management’s decision to switch to TomorrowNow/SAP.
831
I understand that Defendants’ list of relevant SAP customers has changed over time. I have based my calculations
on the latest version provided to me, which I understand was served by Defendants on July 15, 2009 (a list of 83
customers), and supplemented on October 17, 2009 to add 3 additional customers. See SAP file: List of 83.xls; Email
from Jason McDonell (Jones Day) to Geoff Howard, et al. (Bingham McCutchen) Re: Customer list adds, dated
October 17, 2009; Letter from Jason McDonell (Jones Day) to Geoff Howard (Bingham McCutchen) Re: List of 86,
dated November 3, 2009. On November 3, 2009, Defendants identified seven more Relevant TN Customers that
purchased SAP applications, though they have not produced relevant customer‐level SAP revenue information [See
November 10, 2009 Joint Discovery Statement , pgs. 19‐20]. I understand Oracle has asked for this information and
it was not forthcoming. I reserve the right to revise this section of the report and schedules accordingly if additional
information becomes available.
SAP‐OR00603615 (SAP Customer Report.xls); SAP‐OR00789887 (SAP Customer Report July 2009 Update.xls);
SAP‐OR00841587 (SAP Customer Report Updated 10‐30‐09.xls).
832
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TomorrowNow.833 Of that $898 million in revenue, $298 million was from
sales of new or additional licenses to SAP products.834 It is my opinion, a
portion of these revenues have been earned, and or enhanced, by the
Defendants’ alleged conduct.
446.
Excluding those customers for which evidence indicates that they may
have decided to switch to SAP before engaging TomorrowNow, the SAP
customers spent $575 million.835
TEXT REMOVED - NOT RELEVANT
SCHEDULE 42.SU.
833
SCHEDULE 42.1.
834
SCHEDULE 42.SU.
835
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