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 5
STEPHEN K. CLARKE
June 8, 2010
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 1
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND 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
STEPHEN K. CLARKE
_________________________________
VOLUME 1; PAGES 1 - 323
TUESDAY, JUNE 8, 2010
HIGHLY
REPORTED BY:
CONFIDENTIAL - ATTORNEYS' EYES ONLY
HOLLY THUMAN, CSR No. 6834, RMR, CRR
(1-427117)
Merrill Legal Solutions
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STEPHEN K. CLARKE
June 8, 2010
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 24
TEXT REMOVED - NOT RELEVANT TO MOTION
09:38:20
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09:38:21
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second supplemental report, 3201, that references
09:38:32
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declarations of TomorrowNow customers produced to
MR. PICKETT:
Q.
With reference to the
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STEPHEN K. CLARKE
June 8, 2010
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 25
09:38:36
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MR. McDONELL:
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THE WITNESS:
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A.
That's my understanding.
09:39:01
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Q.
And do you know why they came in after you
09:39:04
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09:39:05
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A.
No.
09:39:09
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Q.
What did you do, if anything, to obtain
09:39:14
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09:39:19
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A.
They came from Jones Day.
09:39:29
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Q.
So whatever declarations you refer to in
09:39:33
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your report were simply something that came to you
09:39:37
24
from the SAP attorneys?
09:39:39
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Oracle for the first time on May 7.
A.
Correct?
I don't know when the declarations were
produced to you.
Q.
After the March 26 report?
Lack of foundation.
I really don't know when
they were produced to Oracle.
MR. PICKETT:
Q.
Well, you do recall that
some of the customers' declarations came in after
your initial report.
Correct?
had submitted your report?
declarations from customers?
A.
I don't recall doing anything to obtain
declarations from customers.
Q.
So how did you receive customer
declarations?
MR. McDONELL:
Misstates the testimony and
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STEPHEN K. CLARKE
June 8, 2010
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 26
09:39:40
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09:39:47
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THE WITNESS:
09:39:50
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MR. McDONELL:
09:39:51
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you're not intending to ignore the declarations
09:39:54
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that you produced, are you?
09:39:57
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it to be vague and ambiguous.
09:39:59
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09:40:02
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09:40:05
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09:40:08
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MR. McDONELL:
Vague and ambiguous.
09:40:09
11
THE WITNESS:
Of the customers, no.
09:40:11
12
MR. PICKETT:
Q.
09:40:16
13
MR. McDONELL:
09:40:17
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communications with counsel.
09:40:19
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answer.
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09:40:26
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in your mind customers for whom you had a
09:40:28
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declaration and those for whom you did not?
09:40:30
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MR. McDONELL:
Vague and ambiguous.
09:40:36
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THE WITNESS:
I don't understand that
09:40:36
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09:40:37
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09:40:38
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statements from some of the customers, and you
09:40:40
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didn't have statements from some of the other
09:40:41
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customers.
misstates the reality of what you know.
MR. PICKETT:
Q.
That's my understanding.
Counsel, for the record,
Just -- I don't want
I'm not.
Let's go.
If a customer didn't have a declaration,
did you make inquiry?
MR. PICKETT:
Of Jones Day?
Don't disclose
Q.
I instruct you not to
How did you distinguish
question.
MR. PICKETT:
Q.
Well, you had some
Did it make any difference to you?
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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 27
09:40:46
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09:40:49
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instances.
09:40:57
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used or I didn't have a declaration.
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submitted declarations after your March 26 report
09:41:24
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are not new to the case.
09:41:31
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A.
I don't know what you mean.
09:41:32
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Q.
Well, they didn't just suddenly pop up
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A.
Q.
It obviously made a difference in some
So I either had a declaration that I
And when you didn't have a declaration,
did you seek to get a declaration?
MR. McDONELL:
Again, don't disclose
communications with counsel.
THE WITNESS:
I can't answer that
question.
MR. PICKETT:
Q.
The customers who
Correct?
after March 26, did they?
MR. McDONELL:
Argumentative.
Vague and ambiguous.
Object to the form.
THE WITNESS:
You mean the customer didn't
pop up, or the declaration didn't pop up?
MR. PICKETT:
popped up.
Q.
Well, the declaration
The customer, I'm talking about.
MR. McDONELL:
Argumentative, vague and
ambiguous.
THE WITNESS:
Well, I think the customers
at issue have been known for quite some time.
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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 28
09:41:59
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09:42:00
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that SAP or you could not have obtained a
09:42:06
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declaration prior to the March 26 report being
09:42:09
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submitted?
09:42:11
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09:42:12
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compound.
09:42:14
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counsel.
09:42:15
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09:42:16
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09:42:20
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attempts to secure additional customer declarations
09:42:23
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that failed?
09:42:25
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09:42:26
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disclose communications with counsel.
09:42:28
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answer without disclosing communications with
09:42:30
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counsel, you may do so.
09:42:33
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09:42:33
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MR. PICKETT:
MR. McDONELL:
Q.
Was there any reason
Lack of foundation,
Don't disclose communications with
THE WITNESS:
I can't answer that
question.
MR. PICKETT:
MR. McDONELL:
Q.
THE WITNESS:
Do you know of any
Same instruction.
Don't
If you can
I can't answer that
question.
TEXT REMOVED - NOT RELEVANT TO MOTION
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(800) 869-9132
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TEXT REMOVED - NOT RELEVANT TO MOTION
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