Oracle Corporation et al v. SAP AG et al
Filing
1201
Declaration of Tharan Gregory Lanier in Support of 1182 Statement Declaration of Tharan Gregory Lanier iso Joint Statement Regarding Exhibit Objections 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, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59)(Related document(s) 1182 ) (Froyd, Jane) (Filed on 8/2/2012)
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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:
(415) 626-3939
Facsimile:
(415) 875-5700
ramittelstaedt@jonesday.com
jmcdonell@jonesday.com
ewallace@jonesday.com
Tharan Gregory Lanier (SBN 138784)
Jane L. Froyd (SBN 220776)
JONES DAY
1755 Embarcadero Road
Palo Alto, CA 94303
Telephone:
(650) 739-3939
Facsimile:
(650) 739-3900
tglanier@jonesday.com
jfroyd@jonesday.com
Scott W. Cowan (Admitted Pro Hac Vice)
Joshua L. Fuchs (Admitted Pro Hac Vice)
JONES DAY
717 Texas, Suite 3300
Houston, TX 77002
Telephone:
(832) 239-3939
Facsimile:
(832) 239-3600
swcowan@jonesday.com
jlfuchs@jonesday.com
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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v.
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SAP AG, et al.,
Case No. 07-CV-1658 PJH (EDL)
DECLARATION OF THARAN
GREGORY LANIER ISO JOINT
STATEMENT REGARDING
EXHIBIT OBJECTIONS
Defendants.
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SVI-111955v1
LANIER DECL. ISO JOINT STATEMENT
RE: EXHIBIT OBJECTIONS
Case No. 07-CV-1658 PJH (EDL)
1
I, THARAN GREGORY LANIER, declare as follows:
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I am a partner in the law firm of Jones Day, 1755 Embarcadero Road, Palo Alto,
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California 94303, and counsel of record for Defendants SAP AG, SAP America, Inc. (together,
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“SAP”), and TomorrowNow, Inc. (“TN”) (collectively, “Defendants”) in the above-captioned
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matter. I am a member of good standing of the state bar of California and admitted to practice
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before this Court. I make this declaration based on personal knowledge and, if called upon to do
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so, could testify competently thereto.
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Paragraphs 1-59 set forth documents previously lodged with the Court in the above-
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captioned matter relevant to the parties’ Joint Statement Regarding Exhibit Objections (ECF No.
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1182). To ensure that these documents become a part of the record in this case, Defendants now
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file them.
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1. Attached as Exhibit 1 is a true and correct copy of A-6329-1.
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2. Attached as Exhibit 2 is foundational materials in support of A-6329-1, including true
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and correct copies of:
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Excerpts of Joint Pretrial Statement (ECF No. 1141)
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ORCL00034267
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ORCL00034185
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11/8/10 Trial Tr. (Ellison) at 781:10-14
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9/17/09 Keith Block Deposition at 17:7-18:2; 21:4-9, 21:12-13, 21:15-21
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7/23/08 Richard Blotner Deposition at 18:10-18
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February 23, 2010 Oracle Expert Report of Paul Meyer (excerpt)
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3. Attached as Exhibit 3 is a true and correct copy of A-0367.
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4. Attached as Exhibit 4 is foundational materials in support of A-0367, including true
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and correct copies of:
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ORCL00034304
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4/24/09 Juan Jones Deposition (as played at Trial 11/15/10) at 96:18-22-97:13
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4/24/09 Juan Jones Deposition (as played at Trial 11/15/10) at 20:3-6; 24:10-18;
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25:3-20; 43:7-10
SVI-111955v1
-1-
LANIER DECL. ISO JOINT STATEMENT
RE: EXHIBIT OBJECTIONS
Case No. 07-CV-1658 PJH (EDL)
1
4/24/09 Juan Jones Deposition at 29:12-17
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7/23/08 Richard Blotner Deposition at 98:7-99:3
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5. Attached as Exhibit 5 is a true and correct copy of A-5042.
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6. Attached as Exhibit 6 is foundational materials in support of A-5042, including true
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and correct copies of:
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ORCL00034316
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ORCL00034318
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ORCL00034218
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Pls.’ Resp. & Objs. to Interrogatory No. 98 in Defs.’ 5th Set of Interrogatories
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4/21/09 Richard Cummins Deposition at 244:25-245:1
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9/16/08 Richard Cummins Deposition at 82:22-83:8; 85:13-14
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9/16/08 Richard Cummins Deposition at 34:5-25
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8/7/09 Paul Duggan Deposition at 21:23-22:25
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8/7/09 Paul Duggan Deposition at 23:16-24
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7. Attached as Exhibit 7 is a true and correct copy of A-5997.
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8. Attached as Exhibit 8 is foundational materials in support of A-5997, including true
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and correct copies of:
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Excerpts of Joint Pretrial Statement (ECF No. 1141)
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ORCL00034267
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ORCL00160564
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11/8/10 Trial Tr. (Ellison) at 781:10-14
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7/23/08 Richard Blotner Deposition at 118:4-5
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A-6411
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9. Attached as Exhibit 9 is a true and correct copy of A-6042-1.
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10. Attached as Exhibit 10 is foundational materials in support of A-6042-1, including
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true and correct copies of:
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ORCL00034303
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4/24/09 Juan Jones Deposition at 58:6-10, 58:12-17
SVI-111955v1
-2-
LANIER DECL. ISO JOINT STATEMENT
RE: EXHIBIT OBJECTIONS
Case No. 07-CV-1658 PJH (EDL)
1
5/13/09 Juergen Rottler Deposition at 25:6-14, 25:16-25
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4/24/09 Juan Jones Deposition at 40:17-41:6, 41:20-42:2
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5/13/09 Juergen Rottler Deposition at 31:8-33:17
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4/24/09 Juan Jones Deposition at 29:12-17
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4/24/09 Juan Jones (as played at Trial 11/15/10) at 21:24-22:5
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4/29/09 Juan Jones Deposition at 43:7-17
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5/13/09 Juergen Rottler Deposition at 22:5-21
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7/23/08 Richard Blotner Deposition at 98:7-99:3
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9/16/08 Richard Cummins Deposition at 34:5-22, 24-25
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8/7/09 Paul Duggan Deposition at 23:16-24
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February 23, 2010 Oracle Expert Report of Paul Meyer (excerpt)
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ORCL00039277
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ORCL00653682
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11. Attached as Exhibit 11 is a true and correct copy of A-6205-1.
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12. Attached as Exhibit 12 is foundational materials in support of A-6205-1, including
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true and correct copies of:
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ORCL00034305
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9/16/08 Richard Cummins Deposition at 10:2-11; 14:3-23, 14:25-15:11; 27:6-23;
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49:11-13
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February 23, 2010 Oracle Expert Report of Paul Meyer (excerpt)
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13. Attached as Exhibit 13 is a true and correct copy of A-5193.
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14. Attached as Exhibit 14 is foundational materials in support of A-5193, including true
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and correct copies of:
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Pls.’ Resp. & Objs. to Interrogatory No. 98 in Defs.’ 5th Set of Interrogatories
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9/16/08 Richard Cummins Deposition at 82:22-83:8
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9/16/08 Richard Cummins Deposition at 34:5-25
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8/7/09 Paul Duggan Deposition at 21:23-22:25
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8/7/09 Paul Duggan Deposition at 23:16-24
SVI-111955v1
-3-
LANIER DECL. ISO JOINT STATEMENT
RE: EXHIBIT OBJECTIONS
Case No. 07-CV-1658 PJH (EDL)
1
15. Attached as Exhibit 15 is a true and correct copy of A-5995.
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16. Attached as Exhibit 16 is foundational materials in support of A-5995, including true
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and correct copies of:
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ORCL00034305
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ORCL00160564
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4/24/09 Juan Jones Deposition (as played at Trial 11/15/10) at 20:3-6; 24:10-18;
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25:3-20; 43:7-10
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4/24/09 Juan Jones Deposition at 29:12-17
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7/23/09 Richard Blotner Deposition at 98:7-99:3
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4/22/09 Richard Cummins Deposition at 491:24-492:8
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9/16/08 Richard Cummins Deposition at 60:17-61:11
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7/23/09 Richard Blotner Deposition at 118:4-5
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February 23, 2010 Oracle Expert Report of Paul Meyer (excerpt)
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A-5997
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A-6411
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17. Attached as Exhibit 17 is a true and correct copy of A-5058.
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18. Attached as Exhibit 18 is foundational materials in support of A-5058, including true
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and correct copies of:
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9/16/08 Richard Cummins Deposition at 126:10-19
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5/6/09 Nancy Lyskawa Deposition at 108:25-109:2
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9/26/08 Buffy Ransom Deposition at 28:4-21
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8/7/09 Paul Duggan Deposition at 18:1-23
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9/16/08 Richard Cummins Deposition at 34:5-22, 24-25
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8/7/09 Paul Duggan Deposition at 23:16-24
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ORCL00012545
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19. Attached as Exhibit 19 is a true and correct copy of A-5002-1.
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20. Attached as Exhibit 20 is foundational materials in support of A-5002-1, including a
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true and correct copy of:
SVI-111955v1
-4-
LANIER DECL. ISO JOINT STATEMENT
RE: EXHIBIT OBJECTIONS
Case No. 07-CV-1658 PJH (EDL)
1
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10/21/09 Dan Restmeyer Deposition at 104:19-105:9; 107:11-16
21. Attached as Exhibit 21 is a true and correct copy of an entry from A-0059 concerning
Merck.
22. Attached as Exhibit 22 is foundational materials in support of an entry from A-0059
concerning Merck, including true and correct copies of:
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ORCL00034317
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ORCL00318663
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Pls’ Resp. & Objs. to Interrogatory No. 98 in Defs.’ 5th Set of Interrogatories
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9/16/08 Richard Cummins Deposition at 34:5-22, 24-25
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8/7/09 Paul Duggan Deposition at 21:23-22:25
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8/7/09 Paul Duggan Deposition at 23:16-24
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23. Attached as Exhibit 23 is a true and correct copy of an entry from A-0059 concerning
Stora Enso.
24. Attached as Exhibit 24 is foundational materials in support of an entry from A-0059
concerning Stora Enso, including true and correct copies of:
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ORCL00034316
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ORCL00034318
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Pls.’ Resp. & Objs. to Interrogatory No. 98 in Defs.’ 5th Set of Interrogatories
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9/16/08 Richard Cummins Deposition at 82:22-83:8
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9/16/08 Richard Cummins Deposition at 85:13-14
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9/16/08 Richard Cummins Deposition at 34:5-25
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8/7/09 Paul Duggan Deposition at 21:23-22:25
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8/7/09 Paul Duggan Deposition at 23:16-24
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25. Attached as Exhibit 25 is general foundational materials in support of A-0059,
including true and correct copies of:
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2/13/08 Hearing Transcript at 152:24-154:11
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9/30/10 Hearing Transcript at 10:15-12:14
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3/5/09 Elizabeth Shippy Deposition at 40:3-41:10
SVI-111955v1
-5-
LANIER DECL. ISO JOINT STATEMENT
RE: EXHIBIT OBJECTIONS
Case No. 07-CV-1658 PJH (EDL)
1
9/25/08 Elizabeth Shippy Deposition at 81:4-82:3, 82:5-15
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9/25/08 Elizabeth Shippy Deposition at 88:12-23, 89:4-11
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9/23/08 Richard Cummins Deposition at 309:21-23
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9/23/08 Richard Cummins Deposition at 303:15-304:3
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9/23/08 Richard Cummins Deposition at 305:7-18
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9/23/08 Richard Cummins Deposition at 320:23-321:2, 321:5-9, 321:11-17
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9/16/08 Richard Cummins Deposition at 74:2-75:14
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9/23/08 Richard Cummins Deposition at 269:19-270:8
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9/25/08 Elizabeth Shippy Deposition at 106:4-14
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26. Attached as Exhibit 26 are foundational materials in support of evidence concerning
Oracle’s sales and support group, including true and correct copies of:
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7/23/08 Richard Blotner Deposition at 11:19-12:2
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4/24/09 Juan Jones Deposition at 25:3-20
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9/10/09 Michael Van Boening Deposition at 152:10-15
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9/16/08 Richard Cummins Deposition at 27:16-23
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8/7/09 Paul Duggan Deposition at 23:16-24
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27. Attached as Exhibit 27 is a true and correct copy of an entry from A-6624 (excerpt).
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28. Attached as Exhibit 28 is a true and correct copy of A-4089.
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29. Attached as Exhibit 29 is a true and correct copy of A-6086.
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30. Attached as Exhibit 30 is foundational materials in support of A-6086, including a true
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and correct copy of:
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ORCL00034188
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31. Attached as Exhibit 31 is a true and correct copy of the “Chart of Willfulness
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Evidence” created by Defendants in support of the Joint Statement Regarding Exhibit Objections
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(ECF No. 1182).
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32. Attached as Exhibit 32 is a true and correct copy of the “Chart of ‘Hypothetical’
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License Evidence” created by Defendants in support of the Joint Statement Regarding Exhibit
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Objections (ECF No. 1182).
SVI-111955v1
-6-
LANIER DECL. ISO JOINT STATEMENT
RE: EXHIBIT OBJECTIONS
Case No. 07-CV-1658 PJH (EDL)
1
33. Attached as Exhibit 33 is a true and correct copy of PTX-0008.
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34. Attached as Exhibit 34 is a true and correct copy of PTX-0012.
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35. Attached as Exhibit 35 is a true and correct copy of PTX-0014.
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36. Attached as Exhibit 36 is a true and correct copy of PTX-0024.
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37. Attached as Exhibit 37 is a true and correct copy of PTX-0161.
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38. Attached as Exhibit 38 is a true and correct copy of PTX-0960.
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39. Attached as Exhibit 39 is a true and correct copy of PTX-4809.
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40. Attached as Exhibit 40 is a true and correct copy of PTX-4819.
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41. Attached as Exhibit 41 is a true and correct copy of PTX-7028.
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42. Attached as Exhibit 42 is a true and correct copy of the 11/2/10 Trial Transcript from
Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH (EDL).
43. Attached as Exhibit 43 is a true and correct copy of the 11/4/10 Trial Transcript from
Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH (EDL).
44. Attached as Exhibit 44 is a true and correct copy of the 11/8/10 Trial Transcript from
Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH (EDL).
45. Attached as Exhibit 45 is a true and correct copy of the 11/9/10 Trial Transcript from
Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH (EDL).
46. Attached as Exhibit 46 is a true and correct copy of the 11/15/10 Trial Transcript from
Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH (EDL).
47. Attached as Exhibit 47 is a true and correct copy of the 11/18/10 Trial Transcript from
Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH (EDL).
48. Attached as Exhibit 48 is a true and correct copy of the 11/19/10 Trial Transcript from
Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH (EDL).
49. Attached as Exhibit 49 is a true and correct copy of the 11/22/10 Trial Transcript from
Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH (EDL).
50. Attached as Exhibit 50 is a true and correct copy of Oracle’s Opening Statement
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Demonstratives from Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH (EDL).
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51. Attached as Exhibit 51 is a true and correct copy of the “Paul K. Meyer Expert
SVI-111955v1
-7-
LANIER DECL. ISO JOINT STATEMENT
RE: EXHIBIT OBJECTIONS
Case No. 07-CV-1658 PJH (EDL)
1
Demonstratives” from Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH (EDL).
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52. Attached as Exhibit 52 is a true and correct copy of an excerpt from the 1/5/09 Shai
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Agassi Deposition, as played on 11/4/10 at the Oracle USA, Inc. et al. v. SAP AG et al., Case No.
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07-CV-1658 PJH (EDL) trial.
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53. Attached as Exhibit 53 is a true and correct copy of an excerpt from the 11/12/08
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Werner Brandt Deposition in Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH
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(EDL).
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54. Attached as Exhibit 54 is a true and correct copy of an excerpt from the 11/13/08
Werner Brandt Deposition in Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH
(EDL).
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55. Attached as Exhibit 55 is a true and correct copy of an excerpt from the 8/12/09 Eileen
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McMillan Deposition in Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH
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(EDL).
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56. Attached as Exhibit 56 is a true and correct copy of an excerpt from the 12/10/09
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Gerhard Oswald Deposition, as played on 11/4/10 at the Oracle USA, Inc. et al. v. SAP AG et al.,
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Case No. 07-CV-1658 PJH (EDL) trial.
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57. Attached as Exhibit 57 is a true and correct copy of an excerpt from the 12/2/09 John
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Ritchie Deposition in Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH (EDL).
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58. Attached as Exhibit 58 is a true and correct copy of the 5/24/12 Hearing Transcript
from the Oracle USA, Inc. et al. v. SAP AG et al., Case No. 07-CV-1658 PJH (EDL) case.
59. Attached as Exhibit 59 is a true and correct copy of a 6/4/12 email from Nitin Jindal to
Joshua Fuchs.
Dated: August 2, 2012
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JONES DAY
By: /s/ Tharan Gregory Lanier
Tharan Gregory Lanier
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Counsel for Defendants
SAP AG, SAP AMERICA, INC., and
TOMORROWNOW, INC.
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SVI-111955v1
-8-
LANIER DECL. ISO JOINT STATEMENT
RE: EXHIBIT OBJECTIONS
Case No. 07-CV-1658 PJH (EDL)
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