Oracle Corporation et al v. SAP AG et al

Filing 1166

Witness List by Tomorrownow Inc, SAP America Inc, SAP AG Defendants' Revised Witness List for New Trial. (Froyd, Jane) (Filed on 5/23/2012)

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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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DEFENDANTS’ REVISED WITNESS
LIST FOR NEW TRIAL

v.

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Case No. 07-CV-1658 PJH (EDL)

SAP AG, et al.,

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Defendants.

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DEFENDANTS’ REVISED WITNESS LIST
FOR NEW TRIAL
Case No. 07-CV-1658 PJH (EDL)

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Defendants submit the attached revised trial witness list indicating all of those witnesses

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whom Defendants expect that they may call at the new trial, either in person or by deposition.

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See Exhibit A. Defendants’ list specifies whether Defendants presently intend to call the witness

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in person or by deposition. Defendants may not call all these witnesses, and may call witnesses

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by deposition who had originally been designated as testifying in person, depending on

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scheduling conflicts, the case actually presented by Oracle at trial, Defendants’ ongoing efforts to

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streamline the trial and the Court’s rulings on pending motions.

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Defendants’ revised trial witness list includes testimony within the scope of Defendants’
deposition designations. Certain witnesses named in the attached list provided all or some portion

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of their deposition testimony in a representative capacity (i.e., under Fed. R. Civ. P. 30(b)(6)) on

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behalf of a party or third party, and that fact is noted on the face of their deposition transcript. In

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those instances, the designated witness shall be deemed to be the entity on whose behalf the

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individual provided the deposition testimony.

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This list is limited to the claims and defenses currently available in this case based on the

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parties’ stipulations and the Court’s prior orders. Defendants’ list does not include witnesses

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whose testimony would be offered solely in support of the admissibility of certain documents.

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See Fed. R. Evid. 104(a). Moreover, consistent with this Court’s orders, the attached list does not

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necessarily include all those witnesses whom Defendants may call at trial solely for impeachment

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or rebuttal.

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Dated: May 23, 2012

Respectfully submitted,

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JONES DAY

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By: /s/ Tharan Gregory Lanier
Tharan Gregory Lanier

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Attorneys for Defendants
SAP AG, SAP AMERICA, INC., and
TOMORROWNOW, INC.

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-1-

DEFENDANTS’ REVISED WITNESS LIST
FOR NEW TRIAL
Case No. 07-CV-1658 PJH (EDL)

Exhibit “A”

ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' REVISED WITNESS LIST FOR NEW TRIAL
WITNESS

SUBSTANCE OF TESTIMONY

LIVE /
DEPOSITION

Andersen, Jesper

Plaintiff's products and services; Plaintiff's sales and marketing;
Plaintiff's business operations; Causation and damages

Deposition

Bailey, Thomas

Causation and damages; Honeywell

Deposition

Block, Keith

Plaintiff's business operations; Plaintiff's sales and marketing;
Causation and damages

Deposition

Blotner, Richard

Plaintiff's business operations; Plaintiff's products and services;
Plaintiff's sales and marketing

Deposition

Brazile, Steven

Causation and damages; Sara Lee

Deposition

Busillo, Joe

SAP's financial operations; Causation and damages

Live

Clarke, Stephen

Expert report and related issues

Live

Cummins, Richard

Plaintiff's business operations; Plaintiff's products and services;
Plaintiff's sales and marketing; Causation and damages

Custodian(s) or
Declarant(s) of Record

Authentication and admission of documents as needed

Duggan, Paul

Plaintiff's business operations; Plaintiff's sales and marketing;
Causation and damages

Hallenberger, Tracy

Causation and damages; Baker Botts

Henslee, Robbin

Plaintiff's business operations; Plaintiff's sales and marketing;
Causation and damages

Deposition

Homs, Charles

Plaintiff's business operations; Plaintiff's competitive intelligence
regarding Safe Passage

Deposition

Jones, Juan

Plaintiff's business operations; Plaintiff's products and services;
Plaintiff's sales and marketing; Plaintiff's competitive intelligence
regarding TN; Causation and damages

Deposition

Kehring, Douglas

Plaintiff's financials and customer information; Oracle's
acquisitions of PeopleSoft and Siebel; Causation and damages

Deposition

Kishore, Ann

Plaintiff's agreements

Deposition

Kreul, John

Causation and damages; Pepsi America

Live

McDermott, Bill

SAP and TN competition with Oracle; SAP's financials and
customer information; SAP sales and marketing; SAP's products
and services; Causation and damages

Live

Page 1 of 2

Deposition
Live/Deposition
Deposition
Live

ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' REVISED WITNESS LIST FOR NEW TRIAL
WITNESS

SUBSTANCE OF TESTIMONY

LIVE /
DEPOSITION

Nolan, Brad

Plaintiff's business operations; Plaintiff's products and services;
Plaintiff's sales and marketing; Causation and damages

Deposition

O'Donnell, Jeffrey

Causation and damages; Lexmark

Deposition

Phillips, Charles

Plaintiff's business operations; Plaintiff's products and services;
Plaintiff's sales and marketing; Plaintiff's financials and customer
information; Causation and damages

Deposition

Ravin, Seth

Causation and damages

Deposition

Restmeyer, Dan

Causation and damages; Amgen

Deposition

Rottler, Juergen

Plaintiff's business operations; Plaintiff's products and services;
Plaintiff's sales and marketing; Causation and damages

Deposition

Ryland, Keith

Plaintiff's business operations; Plaintiff's financials and customer
information; Causation and damages

Deposition

Shippy, Elizabeth

Plaintiff's business operations; Plaintiff's sales and marketing;
Plaintiff's financials and customer information; Plaintiff's collection
and retention of documents; Causation and damages

Deposition

Sim, Judith

Plaintiff's sales and marketing; Causation and damages

Deposition

Singh, Bruno

Causation and damages; NBC Universal

Live

Sommer, Brian

Expert report and related issues

Live

Wasson, Robert

Causation and damages; McLennan County

Page 2 of 2

Deposition