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)

EXHIBIT 1

PAUL K. MEYER
May 12, 2010
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 1
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
ORACLE CORPORATION, a
Delaware corporation,
ORACLE USA, INC., a
Colorado corporation, and
ORACLE INTERNATIONAL
CORPORATION, a California
corporation,

)
)
)
)
)
)
)
)
Plaintiffs,
)
)
vs.
) No. 07-CV-1658 (PJH)
)
SAP AG, a German
)
corporation, SAP AMERICA,
)
INC., a Delaware
)
corporation, TOMORROWNOW,
)
INC., a Texas corporation,
)
and DOES 1-50, inclusive,
)
)
Defendants.
)
________________________________)

VIDEOTAPED DEPOSITION OF
PAUL K. MEYER
_________________________________
VOLUME 1; PAGES 1 - 331
WEDNESDAY, MAY 12, 2010

HIGHLY
REPORTED BY:

CONFIDENTIAL - ATTORNEYS' EYES ONLY
HOLLY THUMAN, CSR No. 6834, RMR, CRR
(1-427362)

Merrill Legal Solutions
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PAUL K. MEYER
May 12, 2010
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 95

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11:29:42

7

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8

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making in this document in line item no. 1 for

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Cowlitz County.

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declaration submitted by Kathy Sawyer on I believe

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it was March 4th of 2010 that related to whether or

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not they would have stayed with Oracle and been an

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Oracle customer but for TomorrowNow.

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out of the lost profits analysis, that's a

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reference to Cowlitz County.

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Q.

Okay.

So -- and let's take the first 7

customers.
Please explain what adjustment you were

A.

Okay.

And can I ask one thing?

Ms. Dean, can you provide me the Schedule
34.5.DU?
Okay.

The -- for Cowlitz, there was a

And so we are now taking -- taken Cowlitz
out of the lost profit analysis.
Q.

A.

And when you say you've take taken them

Correct?

Yes.

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PAUL K. MEYER
May 12, 2010
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 97

TEXT REMOVED - NOT RELEVANT TO MOTION

11:36:38

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11:36:39

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you're going a little bit beyond what I asked.

11:36:41

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Is it correct that you've now removed

11:36:44

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Cowlitz County as a customer from your damages

Q.

Let me stop you there, because I think

Merrill Legal Solutions
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PAUL K. MEYER
May 12, 2010
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 98
11:36:47

1

11:36:48

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A.

That's correct.

11:36:49

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Q.

Was that based on the declaration of Kathy

11:36:52

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11:36:56

5

A.

Yes, it would be.

11:36:57

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Q.

So you're not including them as a

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component of the plaintiff's lost profits in this

11:37:05

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case.

11:37:05

9

11:37:07

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paragraph 7 of that declaration that's in my work

11:37:09

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papers, yes, we've taken them out of the damage

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analysis.

measurement altogether?

Sawyer dated March 4, 2010?

Correct?
A.

Well, based on the declaration and

TEXT REMOVED - NOT RELEVANT TO MOTION

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PAUL K. MEYER
May 12, 2010
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 225
TEXT REMOVED - NOT RELEVANT TO MOTION

15:45:31

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15:45:35

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conclusions about what SAP thought from looking at

15:45:40

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the documents of SAP's internal deliberations?

15:45:44

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15:45:47

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testimony from people like Mr. Agassi that says he

15:45:50

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could have in his mind gotten more customers, I

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think that's what people like myself consider and

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come to these determinations.

15:45:58

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15:46:00

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others in the record speak to the projections, but

15:46:02

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that's my perspective on it.

Q.

A.

Do you believe you're qualified to draw

Those documents in combination with the

And I'll put that forward, and I'll let

TEXT REMOVED - NOT RELEVANT TO MOTION

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TEXT REMOVED - NOT RELEVANT TO MOTION