Oracle Corporation et al v. SAP AG et al

Filing 1157

Declaration of Tharan Gregory Lanier in Support of 1156 Opposition/Response to Motion Declaration of Tharan Gregory Lanier in Support of Defendants' Oppositions to Oracle's 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, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23)(Related document(s) 1156 ) (Froyd, Jane) (Filed on 5/10/2012)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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: (415) 626-3939 Facsimile: (415) 875-5700 ramittelstaedt@jonesday.com jmcdonell@jonesday.com ewallace@jonesday.com Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: (650) 739-3939 Facsimile: (650) 739-3900 tglanier@jonesday.com jfroyd@jonesday.com Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: (832) 239-3939 Facsimile: (832) 239-3600 swcowan@jonesday.com jlfuchs@jonesday.com Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 OAKLAND DIVISION 22 23 ORACLE USA, INC., et al., 24 Plaintiffs, 25 v. 26 Case No. 07-CV-1658 PJH (EDL) DECLARATION OF THARAN GREGORY LANIER IN SUPPORT OF DEFENDANTS’ OPPOSITIONS TO ORACLE’S MOTIONS IN LIMINE SAP AG, et al., 27 28 Defendants. Date: Time: Place: Judge: May 24, 2012 2:30 p.m. 3rd Floor, Courtroom 3 Hon. Phyllis J. Hamilton LANIER DECLARATION IN SUPPORT OF DEFS.’ OPPOSITIONS TO ORACLE’S MOTIONS IN LIMINE Case No. 07-CV-1658 PJH (EDL) 1 I, THARAN GREGORY LANIER, declare as follows: 2 I am a partner in the law firm of Jones Day, 1755 Embarcadero Road, Palo Alto, 3 California 94303, and counsel of record for Defendants SAP AG, SAP America, Inc., and 4 TomorrowNow, Inc. (collectively, “Defendants”) in the above-captioned matter. I am a member 5 in good standing of the state bar of California and admitted to practice before this Court. I make 6 this declaration based on personal knowledge and, if called upon to do so, could testify 7 competently thereto. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 “Changes to Lost Profits Customer Analyses,” marked as Defendants’ Deposition Exhibit 2019. 5. Attached as Exhibit 5 is a true and correct copy of relevant excerpts from the June 8, 2010 deposition of Stephen K. Clarke. 6. Attached as Exhibit 6 is a true and correct copy of relevant excerpts from the June 9, 2010 deposition of Stephen K. Clarke. 7. Attached as Exhibit 7 is a true and correct copy of relevant excerpts from the Supplemental Expert Report of Paul K. Meyer, dated February 23, 2010. 8. Attached as Exhibit 8 is a true and correct copy of Schedule 30.1.SU to the Expert Report of Paul K. Meyer. 9. Attached as Exhibit 9 is a true and correct copy of relevant excerpts from the Expert Report of Stephen K. Clarke, dated May 7, 2010. 10. Attached as Exhibit 10 is a true and correct copy of the Third Supplement of Stephen K. Clarke, dated August 4, 2010. 11. Attached as Exhibit 11 is a true and correct copy of relevant excerpts of the -1- LANIER DECLARATION IN SUPPORT OF DEFENDANTS’ MOTIONS IN LIMINE Case No. 07-CV-1658 PJH (EDL) 1 transcript of proceedings for the Final Pretrial Conference on September 30, 2010. 2 12. Attached as Exhibit 12 is a true and correct copy of relevant excerpts of the 3 official trial transcripts for the following dates: November 12, 2010; November 16, 2010; and 4 November 18, 2010. 5 6 13. Hirschey, Managerial Economics (10th ed. 2003). 7 8 Attached as Exhibit 13 is a true and correct copy of an excerpt from Mark 14. Attached as Exhibit 14 is a true and correct copy of Abila v. United States, No. 2:09-cv-01345-KJD-LRL, 2011 U.S. Dist. LEXIS 42944 (D. Nev. Apr. 4, 2011). 9 15. Attached as Exhibit 15 is a true and correct copy of Conlon Grp. Ariz., LLC v. 10 CNL Resort Biltmore Real Estate, Inc., No. CV-08-0965-PHX-FJM, 2009 WL 2259734 (D. Ariz. 11 July 27, 2009). 12 16. Attached as Exhibit 16 is a true and correct copy of Indus. Automation Supply, 13 LLC v. United Rentals Highway Techs., No. 3:04-CV-99, 2006 WL 5219390 (D.N.D. Feb. 8, 14 2006). 15 16 17. Attached as Exhibit 17 is a true and correct copy of Maionchi v. Union Pac. Corp., No. C 03-0647 JF PVT, 2007 WL 2022027 (N.D. Cal. July 9, 2007). 17 18. Attached as Exhibit 18 is a true and correct copy of Martinez-Hernandez v. 18 Butterball, L.L.C., No. 5:07-CV-174-H, 2011 U.S. Dist. LEXIS 111000 (E.D.N.C. Sept. 26, 19 2011). 20 21 22 23 24 25 26 27 28 19. Attached as Exhibit 19 is a true and correct copy of NetQuote, Inc. v. Byrd, No. 07-cv-00630-DME-MEH, 2008 WL 2442048 (D. Colo. June 13, 2008). 20. Attached as Exhibit 20 is a true and correct copy of Robert Billet Promotions, Inc. v. IMI Cornelius, Inc., Civ. A. No. 95-1376, 1998 WL 151806 (E.D. Pa. Apr. 1, 1998). 21. Attached as Exhibit 21 is a true and correct copy of Therasense, Inc. v. Becton, Dickinson and Co., No. C 04-02123 WHA, 2008 WL 2323856 (N.D. Cal. May 22, 2008). 22. Attached as Exhibit 22 is a true and correct copy of United States v. 14.3 Acres of Land, No. 07cv886-W(NLS), 2008 U.S. Dist. LEXIS 66667 (S.D. Cal. Aug. 29, 2008). 23. Attached as Exhibit 23 is a true and correct copy of Valley Forge Ins. Co. v. -2- LANIER DECLARATION IN SUPPORT OF DEFS.’ OPPOSITIONS TO ORACLE’S MOTIONS IN LIMINE Case No. 07-CV-1658 PJH (EDL) 1 2 3 4 Zurich Am. Ins. Co., No. C 09-2007 SBA, 2012 U.S. Dist. LEXIS 8378 (N.D. Cal. Jan. 25, 2012). 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 10th day of May, 2012 in New York, New York. 5 /s/ Tharan Gregory Lanier Tharan Gregory Lanier 6 7 SVI-108147v1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- LANIER DECLARATION IN SUPPORT OF DEFS.’ OPPOSITIONS TO ORACLE’S MOTIONS IN LIMINE Case No. 07-CV-1658 PJH (EDL)

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