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: 415.393.2000
Facsimile: 415.393.2286
donn.pickett@bingham.com
geoff.howard@bingham.com
bree.hann@bingham.com
BOIES, SCHILLER & FLEXNER LLP
DAVID BOIES (Admitted Pro Hac Vice)
333 Main Street
Armonk, NY 10504
Telephone:
(914) 749-8200
Facsimile:
(914) 749-8300
dboies@bsfllp.com
STEVEN C. HOLTZMAN (SBN 144177)
FRED NORTON (SBN 224725)
1999 Harrison St., Suite 900
Oakland, CA 94612
Telephone:
(510) 874-1000
Facsimile:
(510) 874-1460
sholtzman@bsfllp.com
fnorton@bsfllp.com
DORIAN DALEY (SBN 129049)
JENNIFER GLOSS (SBN 154227)
500 Oracle Parkway, M/S 5op7
Redwood City, CA 94070
Telephone: 650.506.4846
Facsimile: 650.506.7144
dorian.daley@oracle.com
jennifer.gloss@oracle.com
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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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
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13
B
K
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Trial Transcript Excerpts
J
11
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