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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EXHIBIT 16 Foundation for A-5995 Defendants 0RCL00034305 Vice President and Kathleen ORCLOO1 60564 vice group Jones Video Depo Tr as Blotner support July had previously representatives 23 11/15/10 at Trial played GYP Tate as Oracle Craig 203-6 2410-18 253-20 437-10 North America his job responsibilities Depo Tr 2912-17 sales renewal from function Depo Tr 987-993 for North America least at Jones 2005 30b6 Rule Tr 49124-4928 Cummins Apr 22 2009 Depo that indicating 2008 Jones runs support at Vice President Customer Services Senior as Oracles 2009 Apr 24 Oracles she after title Senior Acquisitions president Support and describing Jones this chart identifying organizational Oracle Jones identifying Lindsey took that renewal/sales group of support Juan Jones as Oracle Director Support Sales as Senior Lindsey below shows Support Foundational chart identifying organizational Oracle Deposition testimony managed Exhibit A-5995 Trial to had responsibility for 2009 testimony describing Kathleen stating that Juan Lindseys responsibilities Cummins that 16 2008 Depo Tr Sept Kathleen Lindsey began responsibilities in Oracle Blotner July 23 GyP Oracle Feb 23 2010 stands Oracle production North SVI-1 08747v1 Central Applications Oracle directly Rule 30b6 document in 2006 production document Central Applications in 2006 testimony indicating Juan Jones and outlining Lindseys acquisitions 1184-5 Vice President A-5997 Oracle 11 11 to Rule 30b6 testimony indicating that at president Expert Report of Paul Meyer redacted Senior A-64 sales for group vice Jones as Oracle North reporting support Depo Tr 2008 60 17-6 at Customer listing located listing located Services Craig Tate at North Juan America Support as Oracle Group Vice President 0RCL00272886 Craig Tate at excerpt identifying as Oracle ORCL00747255 Group Vice President Chan Organization Page ORACLE Aria People of Search Sat Olrecb VP Suppoit Total Rsnen Am ejic Lwects8 Oied Suppcd Sa.s Sr C4 Ccaffi Suport CtSS Sgt Higfly Conhden Sr Attorneys 19 Eyes To 32 R__ zt IoiaESi Ony It to1 Ss 1rota SaM Infomiation P.S 20 flaw tolal Sales Toat2ll Dj lobI 367 SS 29 Jnai SaSs Sr DIr.cioLJppwt SaIs Th1t43 0RCL00034305 NA Commercial Apps Organization ERP North Central MidSize Co T_ noi kOn paIwlA.M Sb.1 RW NC E77 lj _________ sI SmcSe NC MMC eCo NC MlSe Psot NC Sdfia CaCl.rmE IC MSnC flcfl Mir.is.w _______________ fl st_s Ma ASM Cs Nl rT_ tC MM SJOE ASIS N..3a Cc MM MS _______________ Ca Ckni.wa MM W4M o_ t_ tI AMI LtGnth4j sSo Wa C4csat AE t1 bijipi Cc au Co iSs MM WI MM Sp lCc ASd Cc MaSS JOSn4ONOIO NM NC Cc Lb AI lsItl M105a a.mS Cd NW Nuns CIwdss Gilt CIici pal Ce Uc.uo Cl Sni Cæa jS iS Ica. i1 ASMIisCc.wdC.iiiS ASM Ott rwnhjctwtk Eszt CS.th Pi ETSO Ca Cataa CMIItaOi INI ASM Ki t.i Mt rdIS..1 Co M11 MI Laj tI.npSs rmi C.jv%M FIIi eei.t Is MM Co inINWlUta ŁCc A4 UMaa ot S.S MM FaI La Wa PIMS ilMsc ai Do Mn..p.S Was Si isiws Ce iCo JEW MM ilaS II Mi Cs tap IS MM Co pS lM5 Co 01 vpM C.ort TN Oracle .roprieswy and 06/2012008 Confidential HIGHLY CONFIDENTIAL INFORMATION ATTORNEYS EYES ONLY RACLEU 12 ORCL00160564 Jones Jones DA PC Soone on 11-14 Designation 2t3 -201 Source Jones Tx Jtan 205 Jones Juan How 223 Mr 224 SecvKs report ng how to have long to four and half supcott 000011 004558 Juoiven you reported to 2.O4-24 000040 Can you tl ruei what ogreq your ponWties North r._.cu....nt teai North 2416 predaiiany my iiasp 2417 oup 2418 Mn load the support renewal th cbes that those aMo and lead the to sales teem umboier seMces Ainenca Those Sso have we go.g are s..iS ssss nakes astner aaitSltni th4ngs 004541 aa today lob responsibities today Mnenca 000028 deS moqe lithe My anion $b Okay maybe years 2415 well 0l 07 Jis 2-04-24 000108 004501 acuslmeaatlebitmore 254 wecily then 25S the renews suppon wt.M you do renewal ClaiM .aosa 25$ get 2510 $redy 2511 p.ogrtatefnrmetodo our Involved 2512 In Cl also spend 2513 ajstomes 2514 the value 2515 that we 2516 theyre reSizing 2517 taldng to 2515 may have 2519 kreae to of have In ow that working working customets when It Is so enaufe support You know base we my San lot c.mtomen or custo.w nve.sations support in nfra rnalnmnW.os suppon ow vAil hr reeponatle rn 258 co.v.ecton In aidian sales Bosom Okay 257 22939PM Asnefta Rottler Juergen 2414 11/15/2010 North directly 2413 Printed title Rottler approximately Jones Jtn 258 004609 correct is Ive reported 225 23 job 000017 So today you That Jones OOMOoO Rother 222 2412 your is 2009-04-24 221 2411 p.odsety emains Elapsed ooa1 a.stomet president 2125 -2520 FINAL today 2124 253 on 11-14 Todaymyjobthlesenrnvioe 2th6 2410 Duration 2009-04-24 What -what 204 2410-2411 PC FINAL 203 2124-225 DA ci that SI of seivice tune laldng about on on mcelSg they the and ensure alec spend Issues to plans to lime Incidents provide be Cl all elements service oIW value to they rew.aston pmadlve to Page 0r22 Jones DA PC on 11-14 20 437-4310 5u10 Jones Juan they dont that Does renewed 4310 Jones marked 9620 copy 9621 Cummins 9622 moment Im showing email from you Ofl dated over It Can 9625 record you approval proposal renewal 975 what 97 that 977 receIve 978 updates 97S Arid been Rick and take you 000259 004310 the for break/x pieces be the the and the support 1mm reduction was positioning customer the only an Essentially to be And lee this would not have righis to upgmdes and Nid you refused to approve proposal that colToct That would million with for request Depot $600000 for that 1.3 would 9711 was or Home was asking lee had it 9710 Do 9713 Yes 9714 Q.Atthe top 9715 Exhibit 367 9716 is you ecall Old in 9720 9722 the wrote it to SAP portion mean you tIme was It Yes Juan clear clear to SAP that was my that you at Q.And nexl 9724 year that in Depot l-lorne point understanding you go on to 004148 000421 say inthevery you considered that was Depot software 000151 Fact sentence that Home that 2009-04-24 9723 of page firet Is Do you see that that by to tansitloning 9721 Jones of you do Yes 9718 transaction his do committed 9717 9719 Yes correct is 9712 them loss last Do you see that 9725 Yes do 981 So by that 982 22t39PM document This document exception 974 11/15/2010 Madsen Would please Yes 973 PrFed ntains please this identify 972 9722-992 been 000122 971 A367.1.6 004327 Okay 9624 Link Chos to 000242 which 367 29 2006 August look to 90u you whats Exhibit 2009-04-24 Jones Juan 9623 by yes is as Deposition 04 thVS beitq 000017 Jones Mr 9619 9623-9721 answer 004354 mars contta exisThig get apwoved to the 000215 decision 2009-04-24 9618 A367.l1 have believe Juan poang every from the wi exception 43S Link 000021 does 43t 9618-9622 issues have 2009-04-24 431 FINAL dear to wern you even you in the saying prior that year it was that I-torn Depot Page of 22 JONES JUAN HIGHLY CONFIDENTIAL 24 April 2009 EYES ATTORNEYS ONLY Page UNITED NORTHERN DISTRICT OF CALIFORNIA DIVISION FRANCISCO SAN COURT DISTRICT STATES ---oOo-CORPORATION ORACLE corporation Colorado USA INC and ORACLE corporation ORACLE Delaware INTERNATIONAL CORPORATION California corporation PlaIntIffs No vs SAP AG O-CV-l658 PJE German SAP AMERICA corporation Delaware INC TOMORROWNOW corporation INC Texas corporation and DOES IO incusie Defendants ____________________________/ Deposition of JONES JUAN Friday April 24 HIGHLY REPORTED HI CONFIDENTIAL ATTORNEYS JOHN WISSENBACH CLR CSR Merrill RMR EYES CRR ONLY CBC 01-418986 6862 Legal 800 2009 Solutions 8699132 a6971f9d4392-46428f24-97791aa3377d 24 2009 ATTORNEYS JONES JUAN HIGHLY CONFIDENTIAL EYES April ONLY 29 Page 094220 Now 04223 That 094227 094232 the 94238 would team fiscal past for responsibility has believe maybe around so year within tonned been year say 094236 As for had you team that 091241 have long acquisition 094250 As team that are responsible you slash PeopleSoft the evaluating 4249 of part Pdwards ID results part of that it relates O942Y2 10 results 09fl00 It 12 094307 13 094314 14 094310 15 094318 16 So 094323 17 Somewhere 18 Can look we at those services metrics 094301 team yes For for the as how would years 094328 19 che 094332 20 about 394335 22 094351 23 nq4403 24 094410 25 had responsibility for for say function four approximately now 21 094343 support sales renewal support the you have long to you think or Do dcisions you it MS something have HOUSE Legal 800 yes time in It with to respect sounds think right like maybe it Was with six months that like responsibility connection in Merrill place there time same thereafter around acquisition Peoplesoft that approximately 2005 to back for support Objection pricing renewal sales vague Solutions 8699132 a6OllfQd-f392-4S42424-OflglaaS3fld April 24 ATTORNEYS JONES JUAN IUGHLY CONFIDENTIAL 449 2009 EYES ONLY prn declare foregoing is true under and correct California My of perjury that penalty the Subscribed at this day of 2009 Lnature of 1witness 10 12 113 14 15 16 17 118 19 20 21 22 23 24 25 218 erril1 Legal Solutions 800 8699132 Legal Solutions To assist you please follow them and in making the below to pages Please read your transcript make insert and the line the changes number Please do not make Please do NOT After completing designated Main Street and/or any of your review line Floor San corrections If additional back of the If carefully you then and br necessary any errors the change testimony deposition your are DEPOSITION please furnish sheet errata you corrections on or changes you wish sheet by wish to listing the to page make the face of the transcript the questions please sign and return Francisco the last the Errata CA 94105 ERRATA Page errata on the to pages find corrections and any changes Signature 4th the reference change br and changes the directions attach YOUR FOR READINGICORRECTING INSTRUCTIONS page of the errata sheet above sheets to Merrill Legal or fax them to 415 Solutions the at 357.4301 SHEET Une Change_____________________________________ Reason_______________________________________ Change_______________________________ Reason _________________________________ Change_______________________________________ Reason_________________________________________ 135 Page Line Change________________________________________ Reason____________________________________________ change.________________________________________ Reason__________________________________________ Change__________________________________________ Reason_________________________________________ Change________________________________________ Reason__________________________________________ change ________________________________________ Reason________________________________________ Change_____________________________________ ReasOn________________________________________ Change________________________________________ Reason_______________________________________ Subje _________ to No changes the above have been changes cei that the transcript is true and corre made cei that the transcript is ue and correct datj/ CERTIFICATE JOHN hereby foregoing deposition truth truth in Certified that certify was whole the truth That me by and place therein 10 the said 11 typewriting 12 the sworn to tell but nothing the cause said deposition shorthand in duly and Shorthand witness the by me within-entitled the REPORTER WISSENBACH Reporter the OF was taken down person at in supervision review of reQuested 16 deponent 17 perIod are 19 or 23 said 21 event 22 any attorney for deposition of of this to was the deposition was IJ not made any changes the to and reporter the by the during appendedheeto that certify either nor or in cause and the parties of of testimony reduced completion provided the time the under my direction computer further 18 thereafter was requested allowed that and transcript If hand stated before the 15 23 by That 13 14 witness disinterested any any of way that am the riot parties interested am counsel of not to in related the the to thereto DATED 24 25 JOHN WISSENBACH CSR No 6862 219 RICHARD UNITED NORTHERN BLOTNER July HIGHLY CONFIDENTIAL STATES DISTRICT DISTRICT SAN OF FRANCISCO 23 2008 COURT CALIFORNIA DIVISION -000-ORACLE Delaware CORPORATION corporation INC USA ORACLE Colorado and ORACLE INTERNATIONAL CORPORATION California corporation corporation Plaintiffs No 07CV1658PJH vs SAP AG German SAP ANERICA corporation INC DOES corporation INC Delaware TOMORROWNOW Texas corporation 150 inclusive and Defendants DEPOSITION RICHARD Wednesday CONTAINS REPORTED BY HIGHLY CYNTHIA OF BLOTNER July 23 2008 CONFIDENTIAL PACINI MATERIAL CSR 6117 RMR CRR 01411414 Merrill Legal 800 Solutions 8699132 fa6333c2-5247-4156-Bfef..c02a2d623366 July 23 CONFIDENTIAL BLOTNER RICHARD HIGHLY 2008 98 Page them wont ask Technology group him then doesnt it so matter through 262 group went through 266 going keeps about questions anyway his So Screvens any actually 34266 Okay And 267 Charles Phillips the next for Catzs 13 Shes 14 part of two our corporate reports direct example next page 12 is Larry Ellisons organization 10 this to reports him 69 34268 pages they are nonsales So And Safra organizations organization also And 16 Phillips 17 sales CFO our who then is And we our president Charles have and support manages all the globally for Oracle Okay 19 34270 on organizations 18 internal Various related 20 Jones 21 So 22 earlier 23 Oracle 24 North 25 labeled Latin America report guess is the Juergen Rottler 271 then this is official our title that Oracle customer support before America and the Merrill other Jones talked about was we saying runs individuals EMEA and Juan organization services Juan Legal 800 support and dont for support who are know if Solutions 8699132 fa6333c2-5247-41 5Msf-cO2a2d523368 BLOTNER July 23 HIGHLY CONFIDENTIAL RICHARD 2008 99 Page theres the one here on renewals support Asia for Pacific organization not or But to reports Juan Jones North America For North America For he have might global to Edwards Jones Screven transition out of we have development 275 next 15 organization Ed people all They following 18 works Ed 19 34276 21 page 22 Is There as that is me As didnt John hit Wookey the in and salesrelated on 277 stop see of Doris of 6211 the Worig who 278 first of people relating has And he page further you The development the breakout number titles can technology Rozwat Charles you fit is just are with we with Abbo 276 all at listed on to product is this that strategy function No What 25 34273 our applications Abbo Let 20 23 Is page for back goes more 274 organization 14 page page Oracle Then next already discussed we and developmentoriented IL The yeah who tO 12 fact Jones Juan in renewals support Juan have Might These kind of function are in the Merrill Legal 800 development organization Solutions 8699132 faGSSacZ-5247-41 S6SfIf-c02.2d623366 BLONER RICHARD HIGHLY declare the foregoing ir of under true is and 3ijtt5Cc ____________ 23 July 2008 CONFIDNTThL penalty correct of perjury that Subscribed California this.3 at day 2008 RICHARD BLOTNER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 149 Merrill Legal 800 Solutions 8699132 Merrill Legal Solutions INSTRUCTIONS To you assist pages to making corrections the back This is Please insert in below directions the final read it version carefully on the NOT change the designated of your If you deposition find sheet errata you are in possession on the transcript After completing above your deposition pages are necessary of the errata sheet the corrections Do to If additional If directly FOR READiNG/CORRECTING YOUR DEPOSITION of the any original them and the attach the the changes you wish page transcript and line to make numbers do NOT make any changes any of the questions your review please Signature line and sign the return ERRATA Page furnish transcript errors or beside follow testimony please please the last page transcript of the errata sheet to your attorney SHEET Line Change Reason________________________________ Change_________________________________ Reason_______________________________________ Change_________________________________ Reason Page Line Change /1 Reason___________________________________ Change____________________________________________ Reason Change // Reason Change____________________________________________ Reason Change____________________________________________ Reason__________________________________________ Change Reason____________________________________________ Change /1 Reason__________________________________________ Subject to the _______ No changes signature above have been changes certify that the transcript is true and correct made certify that the transcript is true and correct date CERTIFICATE CYNTHIA OF PACINI Reporter hereby certify that foregoing deposition was by truth whole the REPORTER the me and truth Certified Shorthand witness in the sworn to tell duly but nothing the the truth in the time and within-entitled cause That shorthand place said me by witness was 11 computer That of and thereafter under my 12 review the 14 If 15 provided to 16 appended that to and completion in at the testimony the reduced direction before 13 down disinterested person therein stated 10 taken was deposition of typewriting the said by supervision of the deposition hereto requested transcript any the changes reporter further 17 for either during that the the am any of any way interested 19 deposition nor in 20 this and that 21 parties 25 by was or attorney 22 made certify 18 cause was am not the requested and deponent period allowed not parties related not of counsel to the are or said in the event to any of of the thereto DATED _____________________________ CYNT IA PACINI CSR No 6117 THE IN UNITED 22 2009 ATTORNEYS RICHARD CUMMINS HIGHLY CONFIDENTIAL EYES April STATES DISTRICT DISTRICT NORTHERN SAN OF FRANCISCO ONLY COURT CALIFORNIA DIVISION --000ORACLE CORPORATION Delaware corporation INC USA ORACLE Colorado corporation and ORACLE INTERNATIONAL CORPORATION California corporation Plaintiffs vs SAP SAP AG German AMERICA corporation INC DOES 07CV1658 PJH corporation INC Delaware TOMORROWNOW Texas corporation 150 inclusive and Defendants VIDEOTAPED DEPOSITION OF 22 APRIL VOLUME HIGHLY BY SARAH LUCIA 529 EYES ONLY VERSION BRANN Merrill Legal 800 2009 ATTORNEYS1 CONFIDENTIAL REDACTED REPORTED CUMMINS II 260 Pages RICHARD CSR 3887 418086 Solutions 8699132 96ff932b-1754-419d-85f4-9O85bbd6fodo RICHARD HIGHLY 22 2009 ATTORNEYS EYES CUMMINS April CONFIDENTIAL ONLY Page 155825 Exhibit Deposition 155826 was marked 155823 MR marked 155832 of t55A37 Overview slides and 155842 Do have you appears which to America listed are you you Showing North entitled been identification for 352 Exhibit as whats 352 McDOWELL 155829 491 as before that be Services Support one of group the authors you do 255843 255844 Can me 155846 10 Let L55851 11 This 155853 12 155559 LI Who 1559U 21 John 1519O3 15 gave to license tell you look is us Kathy and support regarding Boucher John is that presentation team is this it through Bouchers John what Boucher is of one the leaders on the team L6 Qn 17 side sales Sales 155907 the What tS59OB L9 20 To 559T3 21 as 155922 22 TomorrowNow 155924 23 with 15592 24 when 155924 25 In purpose of this giving presentation 155910 the was some of educate the Merrill support we were doing of some the things sales in as regards that well to happened support did late you give 2005 Legal 800 on things and lifetime them The this date presentation of the Solutions 8699132 9ffB32b-l 754-419d-5t4-9O85bbd6fOdo 22 2009 ATTORNEYS RICHARD CUMMINS HIGHLY CONFIDENTIAL EYES April ONLY 492 Page 155931 presentarion 15593 time frame 155935 is what In 155931 similar to 155943 reps who 155949 that managed 155955 managing Oracle Would 16000 LU 160011 11 12 Can 160916 13 Tts 160019 14 renewal support similar to at the mine time now was products to Bates the ending page in Okay 160012 turn you of very products Lindseys Kathy Peoplesoft/JDEdwards 1S5957 responsibilities group team had she that rougtdy your from managed Kathy so were ways different or 155945 October in 002 please us slide what that discussing is slide Peoplesoft practices business .60035 tell you Here ci were I60Oq 16 160041 17 18 And 160051 19 bullet 20 current 60058 21 about 60102 22 percentage 160104 23 24 And 16011 25 Peoplesoft Correct 16O1H5 to referrin9 Yes 160049 you pre-acquisition practices when to point that of pricing thats what basically thencurrent in based you 15 Legal what is percent some second the then on told kind us of pricing to 800 it reference was then 10 Merrill Maintenance pricing list before increases make you meant by the Annual based on the customers Solutions 8699132 96ff932b-1 15441 9d8514-SOBSbbdOtodo April 22 2009 EYES ONLY ATTORNEYS RICHARD CUMMINS HIGHLY CONFIDENTIAL declare 170655 170655 fo egoing is true under and correct perjury Subscribed the at California 170655 of 170655 1706 of penalty __________ 2009 /7 __./ /if1t 55 Richard 170655 Cummins 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 527 Merrill Legal Solutions 30.0 8699132 Legal Solutions Merrill To assist please and them Please make and changes and below attach read insert the making the directions in you follow line the and Please do NOT After completing If then on the errata the change line and sign return the the last Errata CA 94105 San Francisco ERRATA Page furnish any errors or changes you wish to find you you for corrections your review please Floor testimony sheet wish by to listing the page make on the face of the transcript any of the questions change Signature 4th your deposition pages are necessary please of the errata sheet corrections make any changes and not Street and/or reference to DEPOSITION additional pages to the back changes number do Main for corrections If your transcript carefully Please designated the YOUR FOR READING/CORRECTING INSTRUCTIONS of the page sheets or fax to them SHEET errata Merrill to Legal 415 Ct2t sheet above Solutions the at 135 357.4301 .22 Line ChangeIL4tf Reason /C /i247 7ftl ii i/c kaiz 424z Change Reason________________________________________ Change Reason________________________________________ __ Page Line Change_ Reason____________________________________________ Change Reason _________________________________________ Change Reason__________________________________________ Change Reason__________________________________________ Change Reason____________________________________________ Change Reason____________________________________________ Change Reason______________________________________________ /bject ________ to the above No changes have changes certi that the made certify that the transcript been is transcript is true and correct true and correct di CERTIFICATE OP REPORTER SARAH LUCIA Reporter hereby foregoing deposition the truth pLace 10 11 by computer 13 of and thereafter That review the in the Sworn to tei but nothing the truth If 15 provided to appended down the in the time and to and completion in at the testimony the reduced transcript taken person that direction my before 14 was deposition stated under 12 witness duly disinterested rae was the me by and truth said therein witness was Certified Shorthand cause That shorthand that certify whole withinentitled BRANN of typewriting the said by supervision of the was deposition not was requested hereto 16 requested 17 18 19 20 21 22 any the changes reporter further attorney for either that the am parties to the way interested that am not allowed are counsel any and period of of this and deponent not any in the the or nor parties by during certify deposition cause made related or said in the event to any of the of thereto ZZ1 DATED 23 24 25 SARAH LUCIA BRANN CSR No 3887 HIGHLY RICHARD CUMMINS Septeer 16 2008 CONFIDENTIAL INFORMATION ATTORNEYS EYES ONLY Page UNITED STATES DISTRICT DISTRICT NORTHERN SAN OF FRANCISCO COURT CALIFORNIA DIVISION --O0o-ORACLE CORPORATION Delaware Corporation ORACLE USA INC Colorado and Corporation ORACLE INTERNATIONAL CORPORATION California Corporation Plaintiffs Vs SAP No 07CV0l658PJH EDL AG German Corporation AMERICA Delaware INC CORPORATION TOMORROWNOW INC Texas and DOES Corporation 150 Inclusive SAP Defendants ____________________/ VIDEOTAPED 3Db RULE ORACLE RICHARD CONFIDENTIAL Reported By Job 412495 CUMMINS 16 September Volume HIGHLY ARLEN Merrill Legal 800 2008 255 Pages INFORMATION WENDY OF CORPORATION Designee Tuesday DEPOSITION ATTORNEYS CSR 4t4355 EYES CRR ONLY RMR Solutions 8699132 e6a0856a-Oee4-4b35-albf-ca2Oaf8a26bc HIGHLY September 16 2008 RICHARD CUMMINS ATTORNEYS EYES INFORNATION CONFIDENTIAL ONLY 60 Page which is 0RCL00034304 Yes What This 102.1 is Rottlers North under Madsen Chris And 10 that renewal the 18 1022 20 22 Kathy 1023 24 25 Has director the with is which this is Juan Jones include does this who Jose Barbosa and current appear except any us sales for Kathy does Lindsey longer become of her to Juan reports someone support page next tell you chart Chris Whats .1 page what current to to renewal Does 21 23 involved not are this on organization under the for Duggan report can is Its not turn this So 19 Jones And responsible Paul are right individuals three you This 17 that those sales renewal correct 0RCL00034305 is Juergen sales Could 14 of is other Juan Thats 12 of correct to report terms in then Thats Lo22 view America organization So all this is taken sales over Jones her directly position as Senior acquisitions No Merrill Legal 800 Solutions 8699132 eSaOBSSa.O.4-4b35-al bf-ca2flafaa26bc CUMMINS September 16 2008 ATTORNEYS EYES INFORMATION CONFIDENTIAL RICHARD HIGHLY ONLY 61 Page that Is 1023 to Juan person under directly reports acquisitions What is Kathy we as companies 11 is with concerns there but acquisitions not is an Lindseys job integration of Kathy and involved with the if our concerns of with system this are data things would page Oracle between competition tracking the of types on there if how with those individuals the So team renewals the Oracle into them contracts Which be TomorrowNow 15 Tracking 14 Or 17 All 18 1024 of Sue Edwards is with or 22 Bates 23 with potentially the exception would be its whether JD involved Feoplesoft turn to 0RCL00034316 number way any coordinator project you in individuals renewals Could 21 these of it with dealing who involved 20 1024 of helping bring migrated into 12 LI with Chris scope integration into our 10 1.12 So knowledge your know you 1023 the is to involved still is Kathy vacant position the Can next page you tell please me that what is This 24 25 Madsen who is Merrill is an organization chart responsible Legal 800 for renewal Chris showing sales in North Solutions 8699132 egaOSSOa-Oae4-4b35-al bt-ca2OafSa26bc RICHARD CUbMINS MR break for McDONELL the day Im Counsel See you 2008 16 September CONFIDENTIAL then Thank week next to you going sir VIDEOGRAPHER 1701 This videotape number four Cummins Going off the in the marks the end of deposition record the time is of Richard 502 o0oWhereupon 502 the deposition was adjourned at p.m o0o-- 10 11 12 13 declare the foregoing is and true ____ 14 15 under California _____________ penalty correct this of perjury Subscribed iS day that at of 2008 19 Signature of Witness 20 21 22 23 24 25 253 Merrill Legal 800 Solutions 8699132 Errata Sheet of Deposition Page Rick Line 41 1-22 Cummins September 16 2008 Change Change Reason Juans manager to responsibility Juan is is responsible service delivery for service Clarification delivery managers Change 14 No havent havent 124 talked to talked hundreds to customers to No Clarification of customers about TomorrowNow 151 Change 174 less to more Change welcome 23 to 176 Change Hutton to 207 Change McGee to Change were new Change or doesnt Change Correction Oracle Correction Hunt JP to IT 219 22 232 245 Subject 14 to the above changes Signre/ Iyerfy Correction Murquia Correction renew Correction to to does that the or doesnt Correction Correction transcript is true and correct _______ dte CERTIFICATE WENDY certify that hereby foregoing deposition whole the within-entitled truth said me shorthand by and said witness 11 computer review 14 requested 15 deponent 16 period the of allowed are to tell but the truth either attorney 19 deposition nor in 20 this and that 21 parties that the in to and the any way am the by deposition not was made changes reporter the by during the hereto that of the not of counsel parties to the said of am interesfed not related thereto in the event to any of rc DATED 2008 24 WENDY of typewriting the of the any time supervision any to the at testimony was certify or person 23 25 the downin taken reduced appended 18 22 sworn duly compietlon requested further cause and transcript and provided for the nothing direction before If 17 in deposition was stated my That 13 and thereafter was under 12 me by disinterested therein 10 was witness the cause That place Certified Shorthand ARLEN Reporter truth REPORTER OF ARrEN CSR No 4355 the or BLOTNER July 23 HIGHLY CONFIDENTIAL RICHARD UNITED STATES DISTRICT DISTRICT NORTHERN SAN OF FRANCISCO 2008 COURT CALIFORNIA DIVISION --oDe-ORACLE Delaware CORPORATION corporation USA INC corporation ORACLE Colorado and ORACLE INTERNATIONAL CORPORATION corporation California Plaintiffs No vs SAP SAP AG German AMERICA corporation INC DOES 07CV-l658PJH corporation INC Delaware TOMORROWNOW Texas corporation 1-50 inclusive and Defendants DEPOSITION RICHARD Wednesday CONTAINS REPORTED BY HIGHLY CYNTHIA OF BLOTNER July 23 2008 CONFIDENTIAL PACINI MATERIAL CSR 6117 RMR CRR 01411414 Merrill Legal 800 Solutions 8699132 fa6333c2-5247-4156-8fef-c02a2d623366 RICHARD 23 BLOTNER July HIGHLY CONFIDENTIAL 2008 118 Page starting under appear have the theres 160553 Mr Bouchers letters GVP what GVP vice Are the North t2 rue have GVP 16 vice of level Mr So president or Level that The to what level sorry would be names at below people their you the Tm Boucher underneath VPs presidents that Overbroad relation In WALLACE vice level Objecton American sales clarify vice senior WITNESS MS for earlier referred to MS HOUSE 10 them of names their stand several who president those THE and name under does Group you number of people is referred to below that Yeah Let the senior that that under The who first the the senior presidents Yes And 18 Bouchers 20 more along 22 MS 25 it Was forget the geographical Yes 24 sorry organization 21 23 Im one that was John organized lines was WALLACE Lets mark this one as Exhibit Defendants Whereupon marked for Merrill was identification Legal 800 Exhibit Solutions 8699132 1a6333c2-5247-41 56-SfeI-c02a2d623366 RICHBD BLOTNER HIGHLY declare the foregoing is under true of ____________ penalty andcorrect f1jtt$c 23 July CONFIDENTThL of 2008 perjury that Subscribed California thisa3 at day 2008 RICHARD BLOTNER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 149 Merrill Legal 800 Solutions 8699132 Merrill Legal Solutions FOR READING/CORRECTING YOUR DEPOSITION INSTRUCTIONS To you assist directions in making corrections below pages to the back This is Please insert the final read it you are in errata version of your deposition furnish please follow them and the attach transcript If you find any errors or changes you wish to make on the errata sheet beside the page and line numbers possession After completing of the original transcript do NOT make any changes the designated any of the questions your review please sign the last page of the errata sheet line and return the transcnpt to your attorney Signature ERRATA Page testimony please on the transcript Do NOT change above your deposition carefully the corrections If directly of the to pages are necessary sheet If additional SHEET Line Change Reason______________________________________ Change_________________________________ Reason______________________________________ ange Reason // the Page Line Change__________________________________________ Reason // Change________________________________________ Reason Change Reason Change // Reason______________________________________ Change________________________________________ Reason Change Reason Change i/I Reason ________ ________ signature Subject No to changes the above changes have been made certify that the is transcript certi that the nscript true and correct is true and correct date CERTIFICATE OF CYNTHIA Reporter hereby foregoing the withinentitled therein place 10 witness 11 computer was said the witness in but nothing the to tell sworn duly the and review 14 If 15 provided to 16 appended that reduced direction my before 13 taken was the truth down disinterested person thereafter That of and deposition stated under 12 was by me truth me by the Shorthand in the time and the said cause That shorthand that certify whole Certified PACINI deposition truth REPORTER and completion at the testimony the to in of typewriting by supervision of the deposition hereto requested 17 any the changes reporter further attorney 19 deposition nor in 20 this and that 21 parties 22 25 cause made either or any any by was the not that of the am requested and deponent during the period certify 18 for was transcript not parties allowed of counsel to the in the event am to any of CSR No related or said way interested not are of the thereto DATED CYNT IA PACINI 6117 ORACLE USA INC SAP CASE SUPPLEMtNTAL TM AG No El AL 07-CV-O1658 EXPERT REPORT FlI \NCIAL FEBRUARy yr AL OF PAUL FORENSICS IC MEYER LLC 23 2010 PAlm MEYER Vice PrSdan Custoo ia% _e Noith AiruSa Soppoit Page Subject flighty to Protective Cunfisfrniial Ordcr nfrrmtiun Atlorne Eyes Only 64 oF 281 Is lien Unas CSS1FO_USPRI sublact PM ThuIfly.M.D4.2OO6B Fwd At Sthjalion Hawtij From Keth nt Jeff respooded thi% ic hninedinely Shoation Subjattke 1Tho Fronjeff am Mwon Sl.d 4irn Haworib 32915 04 May 2006 OrgsniradonOmck -0700 LtnkQgxJeam Heificy Ccporaiion Tate ccrm TecCraig CCJt Douche hck 4jthknhndy kathleen outhocbcr@ocade.com lindsey Smnh.San pkesbltnt.tak.com chkvi.r4dbarafla .com orack -csoi we sboud Cciii laglee hoId pmbably they uk won udmztIy Craig to uy switch yasr contmcl on nol 1o ttwt they and aceDuni thts salvage muJt for suppon ii oSkP cnt we give them show good If cniicI conssions loiw lam wanted wc to lo faiTh iMt SAP it lit wivt Since you have bring you up acted to s.fsog doc that lengthy but the speed it dote To have They sad are the is t.a out Orci enough We or who is to M..n RlghIy Confldemal it as where Infomietion Occi next are zh tStr on that past yrs SCqtit1orS Crcl ir project money atandardxinij they Is censed the tatu rollout iajor of their own played are on one for feel to us sold ii platform but taking looking part IajOr actual essanding have .e thro the yr each and be parr that sh91 for allowed now to the them hr.r4 support yr to up on wt\ back fats/back support Lp1ications revrec is legitisate heavily This attached Sec an It are over acwated Less decision the they the would at ttnd Portal strongly -e buy tat of the issues many the part of Orci projects the ng past ii they Support succcenf less is Isere in or iiimally acre .rootprtnt re-depoyed prevent the rne thes pursuing rurniture work in licenses understand ws crrmr assea the ans ls/yr on reinstatuarit account SAP askurq of 2400 of portion wttbout that PayroU Olobal oveLspent Msa hint th in you net 2800 dirrtkonai tat ted are They te balance the major going tmderstaAd They taere have of forwarc facing end 51St over 320 broader other bstory view leaOersbip Anertca they they Sponacr .ttached ruaron spnt only iwlem..flted senior Worth or minds have They ha deployed tha In out ccmples out Hworth nfl re cut Haworti on spelLs gxec capacity quickly all with be of tots chance very we request could aqqressive wellpobitcared aess but due lose this deal and and beyond goea account to offer SAP make we sonthing to shoild c0st nec SliMry Attorneys Eyes ba more detail have tried twice to ORCtOO2T2B8S Only UNITTO snnsptnxcmcoun AU WNIA 4ftCV4I1Q1fl .11- uflg$aaflsa._____ n_ _____ a__________ 0th Page escalate of and chain thing to in the from get aQAPP/OSStNTO Many support org mgmt approval threat also in that this ts and the legitimate right agreement are Jeff do the reason am qitng you the ro headsup is due to the lrkeli.hood you he has called you 9aworths CEO know in when in We are working on another approval the were jam yet they past but am concerned it and to try to gain compromise position with Hawortb to you and/or wont be enough Please let ne know if aworth reaces out you like con call to discuss further iould to set up briefing ccuLd call receiving be shortly Thanks OLe Mime Goup Vct tkth Ntsitit Ctntml Oracle USA 312 Elm Suite Apphcaions Tue Stri 525 CrncinnatL 011 42l2 PhLme5V3-629-2229 Fax Highly Confidential 13-65i-446 Information Mobile Email 513-7034529 rar httc@u Attorneys rk ufim Eyes Only 0RCL00272886 From Mike Schlmgen Sent Friday To Jefi rnike.schlingen@oracIO.cOm June Henley Tale Craifl Block John Cc Keith Subject RE FW PM 30.20061024 Phone FiN donna BoucPiar rahlts McFarland Linda brnwean conversalion rranco and Block Keith eliCraip FYI with Jim so ha on she has epoke practice me thai persona his is is wit ni7t I-la amotons her against us didrt we she who today sde lt elreay really vendetla noIhing Testa our aild fle 519 Thai yostoiday her over do will working on 5pm et at ye it go to HawQrlfl The alatus 00 prOCeS3 lhCjugh qnihpv however suspect CSC from lead Ann where pan is his in met of Oracle He stand things old has she oninion drprlicn he riarioutale tJLm on and realy other tie project rorOri and situation our vaIlate fjrIries action plan Rsgards Mike SchIlmuell ---Ongnol From Sent To Cc Keith Block Re 421 2006 PM Ice he to Fri but win iorrnl profess ma hc is flue torm to hc we ill hrins eI she lint will hitch up The to purpose OUI knows That Im that libi windows the will cm cOncern 001 late wit hive pi tetdback her gel bring Mike call no be ten and can Otherwise cit weekly the to us arti IIV chancc lid McFarland Linda Block Ifyou flu look Keith it lunch us jutE nhWs .loiina and Franca unles aI going and hrugt If call Enrico between heir cue of the in lii pishlem ve don Franco 1ie and lacked lii oath Liii with ce conersation the since scents in mike.schlimgeo@oracie.com Phone mention to iraiispired hr big Qoucher John EW FW intend has lime The 30 Tate chcking cal mailtojeff.henyOoracle.ccxnl June Craig tout thai Henley Friday Subject what Message-- Jeff that ij ii we the rime on et eettin areni Franco mule hi rarely viii really ta ry shake fair hiot to earn and whi hi in we II reI Iv to lose on not probably Laranlee we thin.k should here Ld 12 we her torpetlo doomed were Cnig Tate wrtIe nnt Un .aonat1e qiyntIe inc teasc.nh1e ptx on iht Fianco be erctenced qaket Iiii iLd ti think rot or Highly Confidential Lt is lire he emaL information Exrie sht rtaL cc Pt at Lce 21 ttsr.k an in1op rn-ta reacn our fly nh Prnco Attortiev LI idn anrit hac Iect and it un the .tL ro be wan or idu rc Mid for just tiav Ie cdreful api She Itonrla beer rsth SlIgy St she blew hut cell today to rat France make eaItng Aflip e5olah1e urteotly lie COLI LI hut rcr keep tr-nrLg Sr 0RCL00747251 Eyes Only UNrIED STATtS NOKTIIEBN C.c No DEFEMUANT tM Br AdnhjIts DISUICT DISTRICT OF 47-cv-Ol65S EThibIt CQUkT CA11Ft11C41A Pili/LOL No A-641 _______________ _________________________ Nicrolr Naiam.u Deputy Cicrk way that Ill send dont obviously she may that prepared and you be Donna want on it the her con on she if finds the info call but call Out we under need to be it about email seperate Regards Craig From Jeff Sent To Cc Henley Craig Keith Block 359 PM 2006 Tate can be on the could have clear the doubt it air been make call the short 10 Calif list should Perhaps time only might have Linda rahlfs McFarland Block Keith time thought we initial and she had have call Ann our at least 1-1 as cant say she to followup with call Franco didnt something to at on the one reach true to that to but call her time so and form Ill try probably time only Id suggest todays meeting shes if try else been was noon us today gave team of people small have should notice morning before but at The that given voicemail the through between Franco but today difference should also think Monday morning unreasonable its today on the thrash donna rnikeschllmgen@oracJe.corn Phone conversation Monday call and would dont think Boucher John FW FW Re Subject slot 30 June Friday her just get out Craig Tate wrote Jeff We have set Please call up my note your Given see for Keith below previous On exposure to the to talk weekly Franca to Franca status and the on call Monday earlier of tone this at PDT 1000am with today Ann conversation Thanks Craig From Original Message Keith Block Sent To Cc Friday id be fuck Craig McFarland Re FM Subject 30 June 2006 232 PM Tate Craig Linda willing her Tate to lets mike.schligen@oricie.com Phone do swing conversation this away call in think between the John Franco Boucher and Keith week morning next the approach should Smith Sean Block whistler time be are if we wasti wrote Linda Highly COnfidential Information Attorneys Eyes Only 0RCL00747252 The back response Keith Let wrong know me be what Francos office was hr status update honestly dont off got just could from but 10th July think call Franco pushed WI the has ClO back and directed her them think you Craig Message Original From Donna Walderzak Sent Friday June 30 To RE Subject 2006 155 PM Tate Craig Phone conversation between Franco and Keith Block Craig Franco said the Keeping he will time talk with difference on you in mind from Monday he will be Italy hours ahead what Donna Walderzak Executive Admin One Haworth Holland Direct Fax MI 49423 616.393.1959 616.393.1033 Donna walderzak@haworth Original From Craig Sent Donna Subject coin Message Tate Friday To Assistant Center June Walderzak RE Phone 30 2006 132 conversation PM between Franco and Keith Block Franco and Keith Block you Thank Craig From Sent To Message Original Donna Walderzak Subject Highly Confidential Information June Friday Craig 30 2006 128 PM Tate RE Attorneys Phone conversation Eyes Only between 0RCL00747253 Craig Franco is on actually vacation but will be happy to forward your mes you Thank Donna Donna Walderzak Executive One Admin Haworth Holland Direct Assistant Center 49423 MI 616.393.1959 Fax 616.393.1033 Donna .waiderzak@haworth Original From corn Message Tate craLg.tate@oracle.com Friday June 30 2006 126 PM To Donna Walderzak Ann Harten RE Phone conversation Subject between Franco Craig Sent and Keith Block Haworth is Donna Thanks for the response My only concern is that on very Regards Craig From Message Original Donna Walderzak Sent To Friday Ann correct is 10 July Thafk Franco he could will be Franco and Keith Block after 200 be PM today leaving shortly available for call at 600 PM EST you Donna Walderzak Executive One Admin Haworth Holland Direct Fax Information PM advise Please Confidential 1216 Craig.Tate@oracle.com Phone conversation between RE Monday Highly 2006 Harten Subject That corn 30 June MI Assistant Center 49423 616.393.1959 616.393.1033 Attorneys Eyes Only 0RCL00747254 OIifl ideL Wa 3k@ Messag -Orjgir.a From Sent to Ann lawot Harren 200 Frday June 30 cae.lae@zLaurcorn Re Cub-cot 1212 PM Waiderak Donna Pnone conversat Donna to BLanchi Franco rac htwsen ton and Keith BLook Craig am copvrr.g 20C around EST after speak us PM he Donna ranco that conftrru nay able be is to leaving today for suggested prvtcIe Europe tune fo returns Ann Marten Ann GlobaL VP irfoniatron Haworth Wireless from ezii my Siickrrv t1essaa Original Crais tate From To CC SeriCes lxo Handhej Ann Hasten mke.schlrmcenJcracIeco r1 Sent Jun 30 115233 2006 ton- conversation between SubDect Franco and Kesth Block Ann Hetrh has between -an.- 30pn EST and 500pm ET today frt phone con JraLg Tate Craici Group Vice North Central USA Oracle Elm 312 Suite President pp1scattons Inc Street 1525 incinnati OR 15202 Phone Highly Confidential Information 5136292229 Clobile 5137034529 Fax 5l36514E3 Email Craig.Tate@oratte.com Attorneys Eyes Only 0RCL00747255

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