Oracle Corporation et al v. SAP AG et al

Filing 1200

Declaration of Kevin M. Papay in Support of 1199 Brief Offer Of Proof Regarding Oracle's Hypothetical License Damages filed byOracle International Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR, # 45 Exhibit SS, # 46 Exhibit TT, # 47 Exhibit UU, # 48 Exhibit VV, # 49 Exhibit WW, # 50 Exhibit XX, # 51 Exhibit YY, # 52 Exhibit ZZ, # 53 Exhibit AAA, # 54 Exhibit BBB, # 55 Exhibit CCC, # 56 Exhibit DDD, # 57 Exhibit EEE, # 58 Exhibit FFF, # 59 Exhibit GGG, # 60 Exhibit HHH, # 61 Exhibit III, # 62 Exhibit JJJ, # 63 Exhibit KKK, # 64 Exhibit LLL)(Related document(s) 1199 ) (Howard, Geoffrey) (Filed on 8/2/2012)

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BINGHAM MCCUTCHEN LLP
DONN P. PICKETT (SBN 72257)
GEOFFREY M. HOWARD (SBN 157468)
BREE HANN (SBN 215695)
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286
[e-mail]
[e-mail]
[e-mail]
BOIES, SCHILLER & FLEXNER LLP
DAVID BOIES (Admitted Pro Hac Vice)
333 Main Street
Armonk, NY 10504
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
STEVEN C. HOLTZMAN (SBN 144177)
FRED NORTON (SBN 224725)
1999 Harrison St., Suite 900
Oakland, CA 94612
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
DORIAN DALEY (SBN 129049)
JENNIFER GLOSS (SBN 154227)
500 Oracle Parkway, M/S 5op7
Redwood City, CA 94070
Telephone: [phone]
Facsimile: 650.506.7144
[e-mail]
[e-mail]
Attorneys for Plaintiff Oracle International Corporation

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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Oracle International Corporation,

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Plaintiff,
v.

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SAP AG, et al.,

CASE NO. 07-CV-01658 PJH (EDL)
DECLARATION OF KEVIN M. PAPAY
IN SUPPORT OF ORACLE’S OFFER OF
PROOF REGARDING ORACLE’S
HYPOTHETICAL LICENSE DAMAGES

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Defendants.
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PAPAY DECLARATION IN SUPPORT OF ORACLE’S OFFER OF PROOF REGARDING
ORACLE’S HYPOTHETICAL LICENSE DAMAGES

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I, Kevin M. Papay, declare that I am an attorney licensed to practice law in the State of

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California and am an associate at Bingham McCutchen LLP, counsel of record for plaintiff

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Oracle International Corporation (“Oracle” or “Plaintiff”). I have personal knowledge of the

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facts stated below and could testify competently to them if required.

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1.

The following index of exhibits is intended to aid the Court’s reference to

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materials cited in Oracle’s offer of proof. The details for each exhibit follow the index. Any

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boxes and highlighting in the attached exhibits have been added to further assist the Court in

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identifying the information cited in Oracle’s offer of proof.

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EXHIBIT INDEX

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16
17
18

Tim Crean Deposition Transcript Excerpts

D

Plaintiff’s Trial Exhibit 4809 (excerpts)

E

Plaintiff’s Trial Exhibit 294 (excerpts)

F

Plaintiff’s Trial Exhibit 2

G

Plaintiff’s Trial Exhibit 3

H

Plaintiff’s Trial Exhibit 24

I

Plaintiff’s Trial Exhibit 193
Plaintiff’s Trial Exhibit 129
Plaintiff’s Trial Exhibit 10
Plaintiff’s Trial Exhibit 23
Plaintiff’s Trial Exhibit 148

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C

M

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Plaintiff’s Trial Exhibit 680

L

13

B

K

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Trial Transcript Excerpts

J

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A

Gerhard Oswald Deposition Transcript Excerpts

O

Plaintiff’s Trial Exhibit 948

P

Plaintiff’s Trial Exhibit 5

Q

Arlen Shenkman Deposition Transcript

R

Jeffrey Word Rule 30(b)(6) Deposition Transcript Excerpts

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PAPAY DECLARATION IN SUPPORT OF ORACLE’S OFFER OF PROOF REGARDING
ORACLE’S HYPOTHETICAL LICENSE DAMAGES

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S

Christopher Faye Deposition Transcript Excerpts

T

Plaintiff’s Trial Exhibit 154

U

Plaintiff’s Trial Exhibit 4850

V

Plaintiff’s Trial Exhibit 151

W

Shai Agassi Deposition Transcript Excerpts

X

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Plaintiff’s Trial Exhibit 15

Y

Plaintiff’s Trial Exhibit 19

Z

James Mackey Deposition Transcript Excerpts

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AA

Plaintiff’s Trial Exhibit 171

BB

Plaintiff’s Trial Exhibit 18

CC

Plaintiff’s Trial Exhibit 28

DD

Joint Trial Exhibit 3

EE

John Ritchie Deposition Transcript Excerpts

FF

Plaintiff’s Trial Exhibit 53

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GG

Hasso Plattner Deposition Transcript Excerpts

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HH

Plaintiff’s Trial Exhibit 266

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II

Plaintiff’s Trial Exhibit 20

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JJ

Plaintiff’s Trial Exhibit 133

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KK

Plaintiff’s Trial Exhibit 4824

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LL

Plaintiff’s Trial Exhibit 373

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MM

Plaintiff’s Trial Exhibit 295

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NN

Plaintiff’s Deposition Exhibit 155

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OO

Plaintiff’s Trial Exhibit 222 (redacted)

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PP

Plaintiff’s Trial Exhibit 333

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QQ

Plaintiff’s Trial Exhibit 371

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RR

Plaintiff’s Trial Exhibit 381

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SS

Plaintiff’s Trial Exhibit 953

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PAPAY DECLARATION IN SUPPORT OF ORACLE’S OFFER OF PROOF REGARDING
ORACLE’S HYPOTHETICAL LICENSE DAMAGES

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TT

Plaintiff’s Trial Exhibit 8001

UU

Plaintiff’s Trial Exhibit 8010

VV

Plaintiff’s Trial Exhibit 533 (excerpts)

WW

Plaintiff’s Trial Exhibit 1760

XX

Plaintiff’s Trial Exhibit 1761

YY

Plaintiff’s Trial Exhibit 1762

ZZ

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Clarke Trial Demonstrative 53

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AAA

Thomas Ziemen Deposition Transcript Excerpts

BBB

Plaintiff’s Trial Exhibit 13

CCC

Plaintiff’s Trial Exhibit 658

DDD

Plaintiff’s Trial Exhibit 996

EEE

Plaintiff’s Trial Exhibit 583

FFF

Plaintiff’s Trial Exhibit 602

GGG

Plaintiff’s Trial Exhibit 2822

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HHH

Plaintiff’s Trial Exhibit 2827

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III

Paul Meyer Deposition Transcript Excerpts

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JJJ

Plaintiff’s Trial Exhibit 1008

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KKK

Plaintiff’s Trial Exhibit 1003

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LLL

Historical Market Cap Screenshot

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I.

EXHIBIT DETAILS
2.

Attached as Exhibit A are true and correct copies of excerpts of the trial transcript

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in this matter. The following portions of the trial transcript comprise Exhibit A:

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Date(s)

Trial Transcript Pages

Description of Event

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11/5/10

742

Testimony of Werner Brandt

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11/12/10 1332-1333

Testimony of Paul Meyer

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11/16/10 1679-1680, 1745
11/18/10

Testimony of Stephen Clarke

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11/19/10 1891, 1892, 1894-1895, 1913-1914

Testimony of Safra Catz
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PAPAY DECLARATION IN SUPPORT OF ORACLE’S OFFER OF PROOF REGARDING
ORACLE’S HYPOTHETICAL LICENSE DAMAGES

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3.

Attached as Exhibit B is a true and correct copy of Plaintiff’s Trial Ex. 680,

admitted into evidence on November 8, 2010.
4.

Attached as Exhibit C is a true and correct copy of relevant excerpts of the

February 19, 2009 Deposition of Tim Crean.
5.

Attached as Exhibit D is a true and correct copy of relevant excerpts of Plaintiff’s

Trial Ex. 4809, admitted into evidence on November 8, 2010.
6.

Attached as Exhibit E is a true and correct copy of relevant excerpts of Plaintiff’s

Trial Ex. 294, admitted into evidence on November 12, 2010.
7.

Attached as Exhibit F is a true and correct copy of Plaintiff’s Trial Ex. 2,

admitted into evidence on November 5, 2010.
8.

Attached as Exhibit G is a true and correct copy of Plaintiff’s Trial Ex. 3,

admitted into evidence on November 4, 2010.
9.

Attached as Exhibit H is a true and correct copy of Plaintiff’s Trial Ex. 24,

admitted into evidence on November 4, 2010.
10.

Attached as Exhibit I is a true and correct copy of Plaintiff’s Trial Ex. 193,

admitted into evidence on November 8, 2010.

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11.

Attached as Exhibit J is a true and correct copy of Plaintiff’s Trial Ex. 129.

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12.

Attached as Exhibit K is a true and correct copy of Plaintiff’s Trial Ex. 10,

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admitted into evidence on November 4, 2010.
13.

Attached as Exhibit L is a true and correct copy of Plaintiff’s Trial Ex. 23,

admitted into evidence on November 8, 2010.
14.

Attached as Exhibit M is a true and correct copy of Plaintiff’s Trial Ex. 148,

admitted into evidence on November 15, 2010.
15.

Attached as Exhibit N is a true and correct copy of relevant excerpts of the

December 10, 2008 and December 11, 2008 Depositions of Gerhard Oswald.
16.

Attached as Exhibit O is a true and correct copy of Plaintiff’s Trial Ex. 948,

admitted into evidence on November 12, 2010.

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PAPAY DECLARATION IN SUPPORT OF ORACLE’S OFFER OF PROOF REGARDING
ORACLE’S HYPOTHETICAL LICENSE DAMAGES

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17.

Attached as Exhibit P is a true and correct copy of Plaintiff’s Trial Ex. 5,

admitted into evidence on November 5, 2010.
18.

Attached as Exhibit Q is a true and correct copy of relevant excerpts of the June

4, 2008 Deposition of Arlen Shenkman.
19.

Attached as Exhibit R is a true and correct copy of relevant excerpts of the

December 11, 2008 Deposition of Jeffrey Word.
20.

Attached as Exhibit S is a true and correct copy of relevant excerpts of the March

18, 2009 Rule 30(b)(6) Deposition of Christopher Faye.
21.

Attached as Exhibit T is a true and correct copy of Plaintiff’s Trial Ex. 154,

admitted into evidence on November 4, 2010.
22.

Attached as Exhibit U is a true and correct copy of Plaintiff’s Trial Ex. 4850,

admitted into evidence on November 15, 2010.
23.

Attached as Exhibit V is a true and correct copy of Plaintiff’s Trial Ex. 151,

admitted into evidence on November 4, 2010.
24.

Attached as Exhibit W is a true and correct copy of relevant excerpts of the

January 5, 2009 Deposition of Shai Agassi.
25.

Attached as Exhibit X is a true and correct copy of Plaintiff’s Trial Ex. 15,

admitted into evidence on November 4, 2010.
26.

Attached as Exhibit Y is a true and correct copy of Plaintiff’s Trial Ex. 19,

admitted into evidence on November 4, 2010.
27.

Attached as Exhibit Z is a true and correct copy of relevant excerpts of the July

15, 2008 Deposition of James Mackey.
28.

Attached as Exhibit AA is a true and correct copy of Plaintiff’s Trial Ex. 171,

admitted into evidence on November 5, 2010.
29.

Attached as Exhibit BB is a true and correct copy of Plaintiff’s Trial Ex. 18,

admitted into evidence on November 4, 2010.

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PAPAY DECLARATION IN SUPPORT OF ORACLE’S OFFER OF PROOF REGARDING
ORACLE’S HYPOTHETICAL LICENSE DAMAGES

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30.

Attached as Exhibit CC is a true and correct copy of Plaintiff’s Trial Ex. 28,

admitted into evidence on November 9, 2010.
31.

Attached as Exhibit DD is a true and correct copy of Joint Trial Ex. 3, admitted

into evidence on November 9, 2010.
32.

Attached as Exhibit EE is a true and correct copy of relevant excerpts of the

December 2, 2009 Deposition of John Ritchie.
33.

Attached as Exhibit FF is a true and correct copy of Plaintiff’s Trial Ex. 53,

admitted into evidence on November 5, 2010.
34.

Attached as Exhibit GG is a true and correct copy of relevant excerpts of the

June 2, 2009 Deposition of Hasso Plattner.
35.

Attached as Exhibit HH is a true and correct copy of Plaintiff’s Trial Ex. 266,

admitted into evidence on November 5, 2010.
36.

Attached as Exhibit II is a true and correct copy of Plaintiff’s Trial Ex. 20,

admitted into evidence on November 5, 2010.
37.

Attached as Exhibit JJ is a true and correct copy of Plaintiff’s Trial Ex. 133,

admitted into evidence on November 4, 2010.
38.

Attached as Exhibit KK is a true and correct copy of Plaintiff’s Trial Ex. 4824,

admitted into evidence on November 9, 2010.
39.

Attached as Exhibit LL is a true and correct copy of Plaintiff’s Trial Ex. 373,

admitted into evidence on November 18, 2010.

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40.

Attached as Exhibit MM is a true and correct copy of Plaintiff’s Trial Ex. 295.

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41.

Attached as Exhibit NN is a true and correct copy of Plaintiff’s Depo. Ex. 155.

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42.

Attached as Exhibit OO is a true and correct (redacted) copy of Plaintiff’s Trial

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Ex. 222.
43.

Attached as Exhibit PP is a true and correct copy of Plaintiff’s Trial Ex. 333,

admitted into evidence on November 15, 2010.

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44.

Attached as Exhibit QQ is a true and correct copy of Plaintiff’s Trial Ex. 371.

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45.

Attached as Exhibit RR is a true and correct copy of Plaintiff’s Trial Ex. 381.
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PAPAY DECLARATION IN SUPPORT OF ORACLE’S OFFER OF PROOF REGARDING
ORACLE’S HYPOTHETICAL LICENSE DAMAGES

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46.

Attached as Exhibit SS is a true and correct copy of Plaintiff’s Trial Ex. 953.

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47.

Attached as Exhibit TT is a true and correct copy of Plaintiff’s Trial Ex. 8001.

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48.

Attached as Exhibit UU is a true and correct copy of Plaintiff’s Trial Ex. 8010.

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49.

Attached as Exhibit VV is a true and correct copy of relevant excerpts of

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Plaintiff’s Trial Ex. 533.

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50.

Attached as Exhibit WW is a true and correct copy of Plaintiff’s Trial Ex. 1760.

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51.

Attached as Exhibit XX is a true and correct copy of Plaintiff’s Trial Ex. 1761.

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52.

Attached as Exhibit YY is a true and correct copy of Plaintiff’s Trial Ex. 1762.

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53.

Attached as Exhibit ZZ is a true and correct copy of Clarke Trial Demonstrative

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53, shown during the trial testimony of Stephen Clarke on November 16, 2010 at 1630:22-24.
54.

Attached as Exhibit AAA is a true and correct copy of relevant excerpts of the

September 30, 2009 Deposition of Thomas Ziemen.
55.

Attached as Exhibit BBB is a true and correct copy of Plaintiff’s Trial Ex. 13,

admitted into evidence on November 8, 2010.
56.

Attached as Exhibit CCC is a true and correct copy of Plaintiff’s Trial Ex. 658,

admitted into evidence on November 8, 2010.

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57.

Attached as Exhibit DDD is a true and correct copy of Plaintiff’s Trial Ex. 996.

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58.

Attached as Exhibit EEE is a true and correct copy of Plaintiff’s Trial Ex. 583,

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admitted into evidence on November 8, 2010.
59.

Attached as Exhibit FFF is a true and correct copy of Plaintiff’s Trial Ex. 602,

admitted into evidence on November 8, 2010.

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60.

Attached as Exhibit GGG is a true and correct copy of Plaintiff’s Trial Ex. 2822.

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61.

Attached as Exhibit HHH is a true and correct copy of Plaintiff’s Trial Ex. 2827.

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62.

Attached as Exhibit III is a true and correct copy of relevant excerpts of the May

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12, 2010 and May 13, 2010 Depositions of Paul Meyer.
63.

Attached as Exhibit JJJ is a true and correct copy of Plaintiff’s Trial Ex. 1008,

admitted into evidence on November 8, 2010.

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PAPAY DECLARATION IN SUPPORT OF ORACLE’S OFFER OF PROOF REGARDING
ORACLE’S HYPOTHETICAL LICENSE DAMAGES