Oracle Corporation et al v. SAP AG et al

Filing 1151

Declaration of Tharan Gregory Lanier in Support of 1150 Opposition/Response to Motion,, 1149 Opposition/Response to Motion, Declaration of Tharan Gregory Lanier in Support of Defendants' Oppositions to Oracle's Motions for Leave to File Motions for Reconsideration Regarding (1) Saved Development Costs and (2) Up-Sell and Cross-Sell Projections, and Motion for Clarification 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)(Related document(s) 1150 , 1149 ) (Froyd, Jane) (Filed on 5/1/2012)

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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
.

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Case No. 07-CV-1658 PJH (EDL)
DECLARATION OF THARAN GREGORY LANIER
ISO DEFENDANTS’ OPPOSITIONS TO ORACLE’S
MOTIONS FOR LEAVE TO FILE MOTIONS FOR
RECONSIDERATION REGARDING (1) SAVED
DEVELOPMENT COSTS AND (2) UP-SELL AND
CROSS-SELL PROJECTIONS, AND MOTION FOR
CLARIFICATION
Date/Time: N/A
Place:
3rd Floor, Courtroom 3
Hon. Phyllis J. Hamilton
Judge:

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SVI-107630v1

LANIER DECL. ISO DEFS.’ OPP. TO MOTS. FOR
LEAVE AND MOT. FOR CLARIFICATION
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. (together,

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“SAP”), and TomorrowNow, Inc. (“TN”) (collectively, “Defendants”) in the above-captioned

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matter. I am a member in good standing of the state bar of California and admitted to practice

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before this Court. I make this declaration based on personal knowledge and, if called upon to do

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so, could testify competently thereto.

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1.

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

official hearing transcript for the September 30, 2010 Final Pretrial Conference: 53:3-59:3;

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121:10-122:10.

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2.

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official trial transcript for November 8, 2010: 808:4-826:21.

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3.

4.

5.

Attached as Exhibit 5 is a true and correct copy of Jackson v. Walker, No. CIV S-

06-2023 WBS GGH P, 2010 U.S. Dist. LEXIS 45974 (E.D. Cal. May 11, 2010).

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Attached as Exhibit 4 is a true and correct copy of Elder-Evins v. Casey, No.

C 09-05775 SBA, 2011 U.S. Dist. LEXIS 103080 (N.D. Cal. Sept. 13, 2011).

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Attached as Exhibit 3 is a true and correct copy of California v. Infineon Techs.

AG, C 06-4333 PJH, 2007 WL 3034372 (N.D. Cal. Oct. 16, 2007).

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

6.

Attached as Exhibit 6 is a true and correct copy of Mohammed v. City of Morgan

Hill, No. 5:10–cv–05630, 2011 WL 5085497 (N.D. Cal. Oct. 25, 2011).

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7.

Attached as Exhibit 7 is a true and correct copy of Napa Cmty. Redevelopment

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Agency v. Cont’l Ins. Co., No. C-94-3284 DLJ, 1995 U.S. Dist. LEXIS 22542 (N.D. Cal. Nov. 17,

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1995).

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8.

Attached as Exhibit 8 is a true and correct copy of Pickard v. DOJ, No. C 10-

05253 LB, 2011 U.S. Dist. LEXIS 74127 (N.D. Cal. July 8, 2011).
9.

Attached as Exhibit 9 is a true and correct copy of Rearden LLC v. Rearden

Commerce, Inc., No. C 06-07367 MHP, 2009 U.S. Dist. LEXIS 15590 (N.D. Cal. Feb. 26, 2009).
10.

Attached as Exhibit 10 is a true and correct copy of Runge v. Ippollito, No. C 06-

SVI-107630v1

-1-

LANIER DECL. ISO DEFS.’ OPP. TO MOTS. FOR
LEAVE AND MOT. FOR CLARIFICATION
Case No. 07-CV-1658 PJH (EDL)

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5218 PJH (PR), 2009 U.S. Dist. LEXIS 27125 (N.D. Cal. Mar. 23, 2009).
11.

Attached as Exhibit 11 is a true and correct copy of Salinas v. City of San Jose,

No. 5:09-cv-04410 EJD, 2011 U.S. Dist. LEXIS 94354 (N.D. Cal. Aug. 23, 2011).
12.

Attached as Exhibit 12 is a true and correct copy of Sconiers v. Fresno Cnty.

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Superior Court, No. 1:11-cv-00113-LJO-SMS, 2011 U.S. Dist. LEXIS 122195 (E.D. Cal. Oct.

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21, 2011).

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13.

Attached as Exhibit 13 is a true and correct copy of Sconiers v. Fresno Cnty.

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Superior Court, No. 1:11-cv-00113-LJO-SMS, 2011 U.S. Dist. LEXIS 152225 (E.D. Cal. Dec.

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13, 2011).

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14.

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Attached as Exhibit 14 is a true and correct copy of United States v. Beardslee,

No. CR-94-0186-DLJ, 2008 U.S. Dist. LEXIS 105667 (N.D. Cal. Dec. 22, 2008).
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 1st day of May, 2012 in Palo Alto, California.
/s/ Tharan Gregory Lanier
Tharan Gregory Lanier

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SVI-107630v1

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LANIER DECL. ISO DEFS.’ OPP. TO MOTS. FOR
LEAVE AND MOT. FOR CLARIFICATION
Case No. 07-CV-1658 PJH (EDL)