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)

EXHIBIT 18

Foundation
A-5058

for

Defendants

Trial Exhibit

A-5058

Foundational Support

Cummins Sept 16 2008 Depo Tr 12610-19
Sanabria

as

Lyskawa

May

working

in

Oracles

sales

as the

30b6

testimony

identifying

Lori

group

identifying

Lori Sanabria

working

as

in

group

Ransom Sept 26 2008 Depo
Barradas

sales

Tr 10825-1092

2009 Depo

Oracles support

support

Rule

director

Tr 284-21 Rule

of critical

accounts

and

30b6

testimony

identifying

describing Oracles

critical

Carlos

accounts

team
Duggan Aug
responsibilities

2009

Depo Tr

of support

sales

181-23 Rule

support renewal/sales

testimony

describing

representatives

Cummins Sept 16 2008 Depo Tr 345-22
that

30b6

24-25

representatives report

to

Rule

30b6

testimony

indicating

regional managers and associated job

responsibilities

Duggan Aug
support

sales

2009 Depo
representatives

ORCL000 12545 Oracle
support

SVI-1 0S747v1

sales

representative

Tr 2316-24 Rule
with

production
in

30b6

testimony

regard to communications with

2006

document

identifying

located

ORCL000

at

identifying

Oracle

Lori Sanabria

12545

duties

customers

as

Oracle

of

RICHARD CUMMINS
September 16 2008
HIGHLY CONFIDENTIAL INFORMATION
-ATTORNEYS
EYES

ONLY
Page

UNITED

STATES

DISTRICT

DISTRICT

NORTHERN
SAN

OF

FRANCISCO

COURT

CALIFORNIA

DIVISION

--OOoORACLE

Delaware
CORPORATION
Corporation
ORACLE
USA INC
Colorado
and
Corporation
ORACLE
INTERNATIONAL
CORPORATION
California
Corporation

Plaintiffs

Vs
SAP

No

EDL

07CV--0l658--PJH

AG

German
Corporation
Delaware
AMERICA
INC
CORPORATION
TOMORROWNOW
INC
Texas
and
DOES
Corporation
150 Inclusive
SAP

Defendants

________________/

VIDEOTAPED

RULE
ORACLE

RICHARD

CONFIDENTIAL

Reported
Job
412495

By

16

ARLEN

Merrill Legal

800

2008
255

Pages

INFORMATION

WENDY

OF

CUMMINS

September

Volume
HIGHLY

DEPOSITION

CORPORATION

Designee

Tuesday

30b

ATTORNEYS

CSR

4355

CRR

EYES

ONLY

RMR

Solutions

8699132

e6a0856a-Oee4-4b35-albf-ca2Oaf8a26bc

RICHARD
IIIGHLY

September 16 2008
ATTORNEYS EYES
INFORMATION

CUMMINS

CONFIDENTIAL

ONLY
126

Page
Arid

You

were
121R

what

kr

each

ffrorn

Fob

my

Lachs

how

many
it

it

teams

regional

was

think

was

before

said

as

of

structur-e

that

was

that

reps

Rob

then

and

headed

that

person

was

that

up

team
So

my
12

notes

here

Rob

plus

was

that

Youre

six

two

One

So

You

people

was

to

Can

13

Weve

talked

15

Yeah

John

group
notes

your

Exhibit

in

42

Sure

t1

six

at

Yes

12

look

five

four

initial

the

people

can

seven

three

referrinq

II

or

four

mean

you

tell

me

those

who

individuals

are

t-.

121

16

of

part
and

Lori

Robs

regional
121B

19

teams

regional

team

there

So

20

members

of

the

Z2

Did

were

SWAT

Dan

point

that
part

of

people

another
were

and

So

no

them

of

one

Rogers

both

Brenda

Hutchinson

of

other

the

were

all part

they

were

marketing

were

all

people

of

one

reps
that

were

team

No

23

at

These
or

some

Canonaco

teem

Sanabria

about

the

the

membership

of

believe

team

over

did

change

time

12i9
25

dont

Merrill

Legal

800

it

Solutions

8699132
SaOBS8a-Ooe44b35.a1

bt.ca2oafga2ebc

RICHARD

2008

16

September

CT.JMMINS

CONFIDENTIAL

MR
break

for

the

McDONELL
See

day

Im

Counsel
you

then

Thank

week

next

to

you

going

sir
VIDEOGRAPHER

170

videotape

number

Cumrnins

Going

This

four
off

the

in

end

deposition

record

the

the

marks

the

of

time

of

Richard

is

502

--o0othe

Whereupon

502

was

deposition

adjourned

at

p.m

10

declare

12

t3

the

14

_____________

foregoing

15
_____________

under

is

and

true

____
California

penalty

perjury

Subscribed

correct
this

of

iS

day

that
at

of

2008

19

Signature

of

Witness

20

21

22

23

24

25

253
Merrill

Legal

800

Solutions

8699132

Errata Sheet

Deposition

Rick

of

Cummins September

16

2008

Reason

Page

Line

Change

41

21 -22

Change Juans

manager

to

is

responsibility

Juan

is

responsible

service

Clarification

delivery

for service

delivery

managers

Change

14

No

havent

havent

124

talked

to

talked

hundreds

to

customers

to

No

Clarification

of customers about

TomorrowNow
Change less

151

to

more

Correction

Change

welcome

176

Change

Hutton

207

Change

McGee

Change

were new

to

renew

Change

or doesnt

to

does

Change

IP

174

23

219

22

232

245

Subject

14

to

the

above

changes

to

Ierttfy

to

to

to

Oracle

Correction

Hunt

Correction

Murquia

or

Correction

Correction

doesnt

Correction

IT

that

Correction

the transcript

is

true

and

correct

/cj//
Sign4re7

date

CERTIFICATE
WENDY

certify that

hereby

foregoing

deposition
whole

the

That

said

me

and

therein

witness

11

computer

review

14

requested

15

deponent

16

period

the

of

deposition

stated

allowed

are

either

18

attorney

19

deposition nor

in

20

this

that

21

parties

22

tell

but

the

the

and

any

that

the

and

to

any
way

in

the

at

of

typewriting

to

the
by

supervision
of

the

deposition
was

not

made

changes

the

reporter

the

by

during

the

hereto
that
of

the

not

of

counsel

parties

to

the

said
of

am

interested

in

the

event

related

to

any

of

am not

thereto
DATED

2008

24

WENDY

time

testimony

23

25

the
in

truth

down

person

any

certify
or

taken

was

was

appended

further

cause

to

completion

requested

and provided

for

duly sworn

reduced

transcript

If

17

and

direction

my

before

That

13

the

nothing

thereafter

was

under

12

in

disinterested

by

said

me

by

truth and

shorthand

10

was

witness

the

cause

within-entitled

place

Certified Shorthand

ARLEN

Reporter

truth

REPORTER

OF

AREN

CSR

No

4355

the

or

NANCY ANN LYSKAWA
HIGHLY
CONFIDENTIAL

2009

May

ATTORNEYS

EYES ONLY
Page

UNITED

STATES

DISTRICT

NORTHERN
SAN

INC

corporation

OF

FRANCISCO

ORACLE
CORPORATION
Delaware
corporation

USA

DISTRICT

COURT

CALIFORNIA

DIVISION

ORACLE

Colorado
and ORACLE

INTERNATIONAL
CORPORATION
California
corporation

Plaintiffs

vs
SAP
SAP

AG

German

AMERICA
corporation

INC
DOES

No

07CV-1658

PJH

corporation

INC

Delaware

TOMORROWNOW
Texas
corporation
1-50
inclusive

and

Defendants

VIDEOTAPED
NANCY

DEPOSITION
ANN

WEDNESDAY

HIGHLY

REPORTED

BY

LYSKAWA

MAY

2009

ATTORNEYS

CONFIDENTIAL

HOLLY

OF

THUMAN

CSR

No

EYES

6834

ONLY

BNR

CRR

1418130

Merrill Legal

800

Solutions

8699132

031ab974-06d8-49e3-9e6a.fie2ccaf3ao5f

NANCY
HIGHLY

ANN

LYSKAWA

2009

May

ATTORNEYS

CONFIDENTIAL

ONLY

EYES

108

Page

122041

MS ROUSE

122044

THE

122047

MR COWAN

122047

Not

122051

time

she

122057

WITNESS

No

it

122111

Go

122120

worked

must

time

in
in

team

my

misspelled

Just

didnt

entries

there

122124

10

you

122127

11

this

122131

12

122135

13

122136

14

Who

122138

15

He

was

122141

16

at

that

122143

17

An

Oracle

18

An

Oracle

19

Is

Bernice

122158

20

122159

21

It

is

122200

22

And

who

122203

23

She

worked

122205

24

122218

25

before

name

it

420

The

March

of

fourth

07

do

employee

122155

her

employee

122143

in

this

delivery

remember

Exhibit

of

10

page

at

but

support

have

down

seventh

through

on

Okay

she

to

answered

worked

She

point

was

got

and

that

at

Oh

122100

Asked

recall

with

consulting

No

March

in

litigation

do

not

Oracle

counsel

regarding

07

o.f

recall

any

conversations

on

that

services

is

Nitzan

Mitchell
our

Analyst

Relations

contact

for

time

ong

different

than

person

May

Wong

never

an

Oracle
Row

Merrill

different
is

that
for

me

at

Peoplesoft

She

was

employee

about

Legal

800

person

tori

Sanabria

Solutions

8699132

031

b974-O6

.49o3.Oe6a-8

e2ccafaa

6Sf

NANCY
HIGHLY

ANN

LYSKAWA

2009
EYES

May

ATTORNEYS

CONFIDENTTI1\L

ONLY
109

Page

122222

Yeah

1-22226

-sa1s

12221

Deanna

122229
122250

also

fourth

from

1222

Page

122309

author

under

the
know

that

fifth

10

122319

11

122326

12

Page

16

first

122135

13

That

was

another

122338

14

122340

15

122344

it

12234S

17

1241

LB

122422

19

laptop

122425

20

copy

122429

21

to

122432

22

No

122443

23

And

122446

24

122449

25

support

Relations

--

was

she

from

the

was

bottom

the

and

head

of

finance

for

Peoplesoft

at

organization

at

13

page

name

entry

12-31

the

at

looking

Teng

Lily

Lily

manager

battorn

14

do

122307

Im

not

entry

sales

support

NcFerran

Nanette

122256

support

Jacoby

Shes

tt

was

Oracle

with

manager

She

Sanabria

Lori

entry

Smith

Pat

person

in

Analyst

Peoplesoft

16

Page

same

the

page

last

Susan

entry

Hewitt

dont
At

time

that

they

electronic

your

name

copied

the

files

off

files

and

you

did

you

still have

to

counsel

PeopleSoft

your
hard

provided

access

email

documents

your

your

the

recall

files

did
you

were
do

Merrill

dont

recall

the

month

or

year

when

copied

not

Legal

800

not

Solutions

8699132

031 ab974-06d0-49e3-9o6a-BoZccafSaOSf

NANCY ANN LYSKAWA
CONFIDENTIAL

170510

2009
EYES ONLY

May
ATTOPNEYS

HIGBLY

documents

170512

MS HOUSE

170513

THE

170520

MR COWAN

170521

questions

No Im not

WITNESS

we

have

foundation

Lacks

thats

think

for

all

the

the moment

170524

MS

HOUSE

Forever

170530

MR

COWAN

Are

170532

MS HOUSE

No

170533

MR

COWAN

Youre done

THE

VIDEO

170535

10

170537

11

Videotape

170541

12

Going

170544

13

170916

15

170916

16

170916

17

170916

18

170916

19

170916

22

right

have

you

any

Go

21

170916

Do

All

20

170916

done

we

bye

14

170916

Say

off

OPERATOR

No

in

the

record

This

the deposition
the

Time noted

505

time

marks
of

now

the

Nancy

is

end

of

Lyskawa

505

p.m

o0o
declare
the

foregoing

is

______________
.Jf.4._-t_-

under

true

and

of

penalty

correct

California

perjury

that

Subscribed

this

I/day

at

of

2009

ANCY

ANN

LYSKAWA

23

24

25

236

Merrill Legal Solutions
800 8699132

MerrillLegal Solutions

INSTRUCTIONS

To

assist

you

directions

in

pages to the back

is

Please
insert

corrections

making

below

This

FOR READING/CORRECTING

the

If additional

of the

final

read

it

version

After completing

of

your deposition

them

follow

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

of the

original

transcript

do NOT

make any changes

any of the questions

your

sign the

please

review

Signature

line

and

return

ERRATA
Page

please

furnish

sheet

errata

you are in possession
on the transcript

the designated

testimony

DEPOSITION

carefully

the corrections

Do NOT change

above

your deposition

pages are necessary please

If

directly

to

YOUR

the

last

page

transcript

of the errata
to

sheet

your attorney

SHEET

Line

Change_____________________________________
Reason_______________________________________

Change__________________________________
Reason_____________________________________

Change_____________________________________

Reason_______________________________________

the

Page

Line

Change_________________________________________

Reason__________________________________
Change_______________________________________

Reason_______________________________________

Change_________________________________________

Reason_________________________________________

Change

Reason_________________________________________

Change_______________________________________
Reason

Change

Reason_______________________________________

Change_______________________________________
Reason

Subject

_______

to the

above

No changes have

changes

certify

that

the

transciipt

made

certify

that the

transcript

been

is

is

true

and

correct

true

and

correct

date

OF

CERTIFICATE

Reporter

hereby

foregoing

deposition

truth

the

whole

in

time

and

10

by

of

the

TU

before

12

review

13

If

14

provided

to

15

appended

the

me

tell

the

and

that

was

the

the

at

of

testimony

typewriting

supervision

of

completion

the

in

taken

person

reducedt-o

direction and

the

truth

deposition

disinterested

stated

the

to

sworn
but

nothing
said

in

witness

duly

thereafter

was

under

That

11

me

by

witness

computer

that

therein

place

by
and

cause

shorthand

said

the

was

truth

withinentitled
down

that

certify

Shorthand

Certified

THUMAN

HOLLY

REPORTER

the

transcript
any

the

changes

reporter

16

further

17

attorney for either

18

deposition

nor

in

19

this

and

that

20

parties

cause

made

the

by

during

certify

was

not

requested

hereto

requested

was

deposition

the

allowed

are

amnot

of

counsel

to

the

or

any

of

any

way

interested

am not

period

parties

that.I
the

and

deponent

related

or

said

in

the

event

to

any

of

of

the

thereto

21

DATED

/1

24

_______

25

HOLLY

THtJMAN

CSR

No

6834

BUFFY
R7\NSOM
September 26 2008
ATTORNEYST EYES ONLY
HIGHLY CONFIDENTIAL INFORMATION
Page
UNITED

STATES

DISTRICT

DISTRICT

NORTHERN
SAN

OF

FRANCISCO

COURT

CALIFORNIA

DIVISION

--OOoORACLE

Delaware
CORPORATION
Corporation
ORACLE
USA INC
Colorado
and
Corporation
ORACLE
INTERNATIONAL
CORPORATION
California
Corporation

Plaintiffs

Vs
SAP

No

EDL

07CV01658PJH

AG

German
Corporation
Delaware
AMERICA
INC
CORPORATION
TOMORROWNOW
INC
Texas
and
DOES
Corporation
150 Inclusive
SAP

Defendants
____________________________________/

VIDEOTAPED

RULE
ORACLE

30b

BUFFY

Friday

September

CONFIDENTIAL

Reported
Job
413275

By

RANSOM

26

ARLEN

Merrill Legal

800

2008

ATTORNEYS

INFORMATION

WENDY

OF

CORPORATION

Designee

HIGHLY

DEPOSITION

CSR

4355

CRR

EYES

ONLY

RIW

Solutions

8699132

01652c0f-03f1.4044-8ac2-ea9291ef6837

BUFFY
HIGHLY

RANSOM

INFOTION

CONFIDENTIAL

26

September

2008

ATTORNEYS

ONLY

EYES

28

Page

Whats

next

the
with

Spoke

item

from

Barradas

Carlos

83

Exhibit

on

critical

accounts
0928

Nho

Bartadas

Carios

is

Hes directt

accounts

aritical

of

critical

accounts

Critical

accounts

is-

that

provides

management

That

are

organization
0928

And whats

12

implementation
Nhat

14

So

software

16

found

17

consulting

13

They

19

issues

20

their

go

21

their

is

or

risk

is

if

15

that

live

go

13

risk

at

escalated

of

of

an

threatened

has

litigation

implementation

.of

go

implementing

is

customer

live

QUIT

23

training

issue

issues

setup

reported

those

issues

fixed

in

will

not

live

be

when

date

Whats

the

issues
to

move

of

issues

type

us

for

time

they

purpose

bug

and

them

into

tracking

those
to

make

production

for

that

information

24

25

They

testing

its

whether

phase

have

software

have

in

are

they

issues

22

0929

support

customer

escalated

an

customer

11

0929

the

with

customers
10

0-929

team

It

speaking

enables

from

my

us

team

Merrill Legal

800

from
from

support
support

delivery

so

delivery

Solutions

8699132

01

652c0f.03f1-4044-8ac2-ea9ZOl

ef6837

BUFFY
BIGELY

26 2008
September
ATTORNEYS
EYES
INFORMATION

RANSOM

CONFIDENTIAL

declare
the

foregoing

under

is

and

true

California

________

penalty

of

perjury

correct

Subscribed

this

day

ONLY

that
at

of

2008

Signa

re

of

Witness

l0

11

12

13

14

19

19

20

21

22

23

237

Merrill

Legal

800

Solutions

8699132

Errata

Pnsitjon

of

iluffy

Ransom

September

Geoff

Sheet

26 2008

12

15

47

Change

ChaJo1ntojon

H0

to

Jeff

tion
Correction

Correction

Change

Change

82

Green
if he

to

has

Gb
name

Change
85

162

to

Shawn

to

an

to

what company

Sean

Change

24

Shawn

of

Coection

Sean

Change

John

to

Coect
Correction

Jon

Correction

is

customer

Subject

to

the

above

changes

sat

the

deck

ccify

that

the

Clarification

transcript

is

true

and correct

Coect1on

CERTIFICATE
WENDY
hereby

foregoing

certify

truth

whole

That

said

me

shorthand

by

and

therein

place

witness

10

said

11

computer

review

of

14

requested

15

deponent

16

period

the

stated

to

tell

but

the

provided

the

to

and

in

the

either

attorney for

19

deposition

nor

in

20

this

and

that

21

parties

or

any

way
am

of

the
by

deposition
was

hang

the

reporter

not

made

the

by

during

the

hereto

of

the

am

not

of

counsel

parties

to

the

said
of

interested
not

related

in

the

event

to

any

of

thereto
DATED

2008

23

24

WENDY

time

typewriting

the

of

ny

any

the

at

testimony

was

to

in

supervision

certify that

18

25

the

truth

down

person

completion

appended

further

taken

was

that

direction

my

allowed are

cause

sworn

reduced

thereafter

requested

If

17

and

transcript

arid

the

nothing

deposition

before

That

13

and

in

duly

disinterested

was

under

12

me

by

witness

the

cause

wtthinentitled

22

that

deposition was

the

Certified Shorthand

ARLEN

Reporter

truth

REPORTER

OF

ARLEN

CSR

No

4355

the

or

DUGGAN

PAUL

2009

August

ATTORNEYS

HIGHLY CONFIDENTIAL

EYES

ONLY
Page

IN

THE

UNITED

STATES

DISTRICT

DISTRICT

NORTHERN
SAN

OF

FRANCISCO

COURT

CALIFORNIA

DIVISION

--000-ORACLE
CORPORATION
Delaware
corporation

USA
INC
corporation

ORACLE

Colorado
and
ORACLE

INTERNATIONAL
CORPORATION
California
corporation

Plaintiffs

vs
SAP
SAP

AG

German

AMERICA
corporation

INC
DOES

07CVl658

PJH

corporation

INC

Delaware

TOMORROWNOW
Texas
corporation
150 inclusive

and

Defendants

VIDEOTAPED

DEPOSITION

REPORTED

BY

ATTORNEYS

CONFIDENTIAL

SARAH

LUCIA

BRANN

Merrill Legal

800

PAUL

DUGGAN

2009

August

HIGHLY

OF

CSR

EYES

3887

ONLY

421893

Solutions

8699132

f2f3l2ff-3d87-4268-a7b3-2b05efa96663

DUSGAN

PAUL
HIGHLY

2009

August
ATTORNEYS

CONFIDENTIAL

ONLY

EYES

18

Page

092947

If

okay-

refer

092950

what

092956

which

092958

If

093003

Support

093005

responsibilities

093001

of

will

we
at

we

the

top

responsible

og3018

renewing

number

11

representative

093023

12

quotation

to

that

093029

13

typically

30

to

093032

14

That

093034

15

up

O93038

16

then

093043

11

other

093045

18

09304B

19

responsible

OS3053

20

same

093054

21

application

093057

22

093057

23

093059

24

25

customers

for

for

to

be

would

sales

support
time

that

at

advance

the

is

sending

renewal

obtain
In

that

support

wbuld

representative

renewal

when
for

you

indicate

renewals

thats

division

order

purchase
and

system

follow

then

move

on

and
to

are

that

are

they

referring

you

in

Within

Oracle

be

renewals

terms

to

the

of

sales

software
This

would

the

of

support

for

software
okay

the

representative

customers
So

the

the

representative

That

in

days

customer

that

of

customer

60

13

describe

you

sales

2006

June

says

can

responsible

sales

support

book

is

07

is

notes

your

that

sales

annually

support

of

what

to

line

support

for

the

line

support

product

093020

with

the

of

back

year

with

Sure
093014

two

as

Representativs

Sales

Siebel

the

page

fiscal

to

says

start

could

turn

could

we

license

in

Is

the

Merrill Legal

800

that
first

distinct
year

of

from

the

sale

of

support

Solutions

8699132

f2fSl

2ff.3d87.426S.a7b3.2bO5efaO6683

DUGGAN

PAUL
HIGHLY

113457

2009
August
ATTORNEYS
EYES

CONFIDENTIM1

the

Whereupon

113457

concluded

at

ONLY

was

deposition

a.m

1124

oOo

113457
113457

declare

113457

foregoing

113457

is

true

under

and

correct

of perjury

Subscribed

California

5ftN
of

penalty

1JGrUS1

the

at

this

day

2009
____

Paul

Duggan

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

80
Merrill

Legal

800

Solutions

8699132

Legal Solutions

Merrill

YOUR

INSTRUCTIONS FOR READING/CORRECTiNG

To

assist

making

below

in

them and attach

Please

read

make

insert

and

the

br

changes and

the directions

you

follow

please

the

If

the

line

changes and/or

number

If

do not make any changes and

Please

do NOT

After completing
designated
Main

Street

change

4th

Floor

the

br

furnish

any errors or changes you wish

on the errata
change

sheet

you wish

corrections

line

sign the

please

and

return

San Francisco

the

last

Errata

CA 94105

ERRATA

Page

testimony

to

on the face

by

listing

the

to

page

make

of the transcript

any of the questions

your review

Signature

find

you

corrections

Please

your deposition

pages are necessary please
of the errata sheet

and then

reference

to

additional

pages to the back

your transcript carefully

corrections

DEPOSITION

of the

page
sheets

to

them to

or fax

sheet above

errata

Merrill

Legal

415

357

Solutions

the
at

135

4301

SHEET

Une

Change

1Th

Reason

2G

Change
Reason

Change
Reason

t/pf

IN

1P4

i-

1LS

rItfo
5u

Z..CQ

zoa

Page

Line

Reason

-ri
ii-

Change
Reason

A-r It

-t

Change

1ThPo

Change_______________________________________
Reason_______________________________________

Change_______________________________________
Reason_______________________________________

Change
Reason

Change
Reason_______________________________________

Change
Reason

to the

above

________

Subject

_______

No changes have

signature

changes

certify

that

the transcript

is

true

and correct

made

certify

that

the transcript

is

true

and correct

been

date

CERTIEICATE
LUCIA

SARAH

hereby certify that

foregoing

deposition

the

whole

withinentitled

place

witness

was

11

computer

said

and

the

sworn

to

tell

but

before

13

review

14

If

15

provided

to

16

appended

was

that

the

taken

the

truth

down

in

the

time

and

to

and

the

testimony

of

typewriting

the

said

by

supervision
the

of

completion

in

at

person
the

reduced

direction

my

That
of

the

nothing

disinterested

thereafter

under

12

and

in

duly

deposition

stated

therein

10

by me

truth

me

by

was

witness

the

cause

That
shorthand

Certified Shorthand

BRANN

Reporter

truth

REPORTER

OF

deposition

hereto

requested

17

any
the

changes

reporter

further

either

attorney

19

deposition

nor

in

20

this

and

that

21

parties

cause

made

or

any

by

during

certify

18

for

was

transcript

that
of

any

the

was
the
the

not

requested

and

deponent

period allowed

not

of

counsel

parties

to

the

am

in

the

event

am

to

any

of

related

or

said

way interested
not

are

of

the

thereto

______

DATED

24

25

SARAH

LUCIA

BRANN

CSR

No

3887

RICHARD CUNMINS
September 16 2008
HIGHLY CONFIDENTIAL INFORMATION
ATTORNEYS EYES

ONLY

Page
UNITED

STATES

NORTHERN

DISTRICT

DISTRICT

SAN

OF

FRANCISCO

COURT

CALIFORNIA

DIVISION

-OOo
ORACLE

CORPORATION
Delaware
Corporation ORACLE
USA INC
Colorado
and
Corporation
ORACLE
INTERNATIONAL
CORPORATION
California
Corporation

Plaintiffs

Vs
SAP

No

D7CV01658PJH

EDL

AG

German
Corporation
Delaware
AMERICA
INC
CORPORATION
TOMORROWNOW
INC
Texas
and
DOES
Corporation
150 Inclusive
SAP

Defendants

__________________________/

VIDEOTAPED

RULE

ORACLE

RICHARD

CONFIDENTIAL

Reported
By
Job 412495

16

ARLEN

Merrill Legal

800

2D08
255

Pages

ATTORNEYS

INFORMATION

WENDY

OF

CUMMINS

September

Volume
HIGHLY

DEPOSITION

CORPORATION

Designee

Tuesday

3Db

CSR

4355

EYES

CRR

ONLY

RMR

Solutions

8699132

e6a0856a.Oee4.4b35.albf-ca2Oaf8a26bc

CUNNINS
september 16 2008
ATTORNEYS EYES
INFORMATION
CONFIDENTIAL

RICHARD
HIGHLY

ONLY

34

Page

likely ways
TomortowNow

is

0944

in

get

how

kind

from
with

relationship

correct

rep

support

license

relate

report

reps

and

manager

regional

that

does

do

yeLl

How

me

through

the

to

license

you

loop

the

The

did

so

to

up

say

rep

0944

did

You

10

meant

II

support
And

14

support

15

onto

support

16

back

or

1-7

thatTs

18

they

out

theyre

19

do

than

21

be

responsible

22

to

returning

the

group

is

that
for

teports

any

up

to

get

something

other

new

of

what

involved

through

make

them

bringing

group
you

other

that

would

license

sal-es

stuff

already

customers

23

MS HOUSE

24

THE

2S

will

there

trying

with

me

back

customer

bring

the

bac1c

their parameters

of

then

there

come

structure

to

trying

then

20

issues

outside

of

Is

can

to

are

there

If

to

trying

to

manager

regional

how

understands

rap

if

to
is

customef

the

so

up

So

apologize

reps

support

report

reps

13

0945

Oracle

to

Correct
Thea

0945

or

rep

return

to

some

through

license

either

094-5

customers

for

Objection

WITNESS

Other

dont believe

mentioned

Merrill

Legal

800

vague

than

the

so

Solutions

8699132

e6a0856a.0e044b3a1

bf.ca2uataa26bc

RICHARD

CUMMINS

MR
break

for

McDOWELL

the

16

September
CONFIDENTIAL

See

day

Im

Counsel
you

2008

then

Thank

week

next

to

you

going

sir
This

VIDEOGRAPHER
1701

videotape

Cummins

Going

four

number

the

in

the

off

marks

the

end of

deposition

record

the

of

time

Richard

is

502

o0o-Whereupon

502

the

was

deposition

adjourned

at

p.m

10

declare

12

13

the

foregoing

under

isue

and

ii

_____________
15

fo

penalty

perjury

Subscribed

correct
tn

of

is

daj

that
at

of

2008

19

Signature

of

Witness

20

21

22

23

24

25

253
Merrill

Legal

800

Solutions

8699132

Errata Sheet

Deposition

Page

Rick

of

Line

41

1-22

Cummins September 16
Change

Reason

Change Juans

responsibility

Juan

manager
managers

to

is

Change

14

No
talked

to

is

responsible

havent

havent

124

2008

talked

hundreds

of

to

service

Clarification

delivery

for service

customers

delivery

to

No

Clarification

customers about

TomorrowNow
Change less

151

174

23

Change

to

welcome

176

Change Hutton

207

Change

219

245

to

Change

14

to

the

above

IF

changes

to

Oracle

Correction

Correction

Murquia

to

new

Correction

Hunt

Correction

renew

Correction

to

or doesnt

Signrej7

72687826.1

to

Change

232

Subject

McGee

Change were

22

more

to

does

or

doesnt

Correction

IT

i5erffy

that

Correction

the transcript

is

true

and

correct

ate

CERTIFICATE
WENDY

ARLEN

Reporter

hereby

foregoing

deposition

truth

the

said

me

by

and

therein

witness

said

11

computer

review

14

requested

15

deponent

16

period

the

of

to

tell

but

are

in

the

either

attorney

19

deposition nor

in

20

this

that

21

parties

and

any

any
way

the

at

of

of

typewriting

the

the
by

deposition
was

not

made

the

reporter

the

by

during

the

hereto
that
of

the

am

not

of

counsel

parties

to

the

said
of

interesfed

in

the

event

related

to

any

of

am not

thereto

rtc

22

2008

23

24

WENDY

time

supervision

changes

certify
or

in

testimony

to

any

appended

further

the

was

to

down

person

that

completion

requested

18

25

the

truth

the

taken

was

and

transcript

allowed

cause

sworn

reduced

direction

arid provided

for

and

thereafter

before

If

17

the

nothing

deposition

stated

my

That

13

in

duly

disinterested

was

under

12

me

by

truth and

shorthand

10

was

witness

the

cause

That

place

Certified Shorthand

certify that

whole

within-entitled

REPORTER

OF

ARTEN

CSR

No

4355

the

or

2009
August
ATTORNEYS
EYES ONLY

DUGGAN
HIGHLY CONFIDENTIAL
PAUL

Page
IN

THE

UNITED

STATES

DISTRICT

DISTRICT

NORTHERN
SAN

OF

FRANCISCO

COURT

CALIFORNIA

DIVISION

000-ORACLE
Delaware

CORPORATION
corporation

INC

USA

ORACLE

Colorado

corporation
INTERNATIONAL
California

ORACLE
CORPORATION
corporation
and

Plaintiffs

vs
SAP
SAP

AG

German

AMERICA
corporation

INC
DOES

07-CV-1658

PJH

corporation

INC

Delaware

TOMORROWNOW
Texas
corporation
150 inclusive

and

Defendants

VIDEOTAPED

DEPOSITION

August

HIGHLY

REPORTED

BY

CONFIDENTIAL

SARAH

OF

ATTORNEYS

Merrill Legal

DUGGAN

2009

LUCIA BRANN

800

PAUL

CSR

EYES

3887

ONLY

42l893

Solutions

8699132

f2f312ff-3d87-4268-a7b3-2b05efa96663

CUGGAN

PAUL

HIGHLY

2009

August

EYES

ATTORNEYS

CONFIDENTIAL

ONLY

23

Page
Can

094305
094906

of

one

creating

94907

the

describe

you

forecasts

those

NFL

ALINDER

Objection

0949.15

THE

WITNESS

Can

094916

MR

DELAHUNTY

0941-3

in

methodology

and

Vague

ambiguous

094920

and

094925

these

service

support

forecasts

094929

The

How

10

forecasting

09493e

11

percentage

094945

12

use

094947

13

typically

094950

1-4

the

095003

15

09500

16

095006

17

responsible

095009

18

forecasts

095012

19

20

095019

21

sotne

cases

095021

22

with

that

095025

23

from

quotation

managers

create

of

one

zi1l

th

track

sale

Ogst14

the

to

refer

you

reptesentatives

D493.4

to

representatives

that

that

clarify

you

in

track

date

the
our

and

OKS

which

conversations

numbers

in

out

standard

How

do

those

determine

The
the

manager

customer
to

and

getting

Is

record

Legal

800

the

who

likelihood

rollup

be

of

in

the

tracking

purchase
created

and
of

are
the

closing

representative

wouid

are

reps

creating

or

communications

eventually

Merrill

forecasts

sales

system we

there

on

of

reporting

individuals

the

slipport

And

based

directors

terms

the

between

the

those

is

renewals

and

for

in

likelihood

system

support

verbal

managers

those

to
25

to

clcse

of

constant
safes

with

and

in

contact

cycle

the

customer

order
those

Solutions

8699132

f2f31

2ff-3d874260-a7bS-2b05e1a96663

HIGHLY

113457

PAUL DUGGAN
CONFIDENTIAL

2009
August
ATTORNEYS
EYES ONLY

Whereupon

113457

concluded

the
at

was

deposition

a.m

1124

oOo

113457
113457

declare

113457

foregoing

113457

under

5asI
of

is

true

and

of perjury

penalty

correct

Subscribed

California

kufrosi

this

the

at
-7

day

2009
_____

Paul

Duggan

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

80

Merrill Legal Solutions
800 8699132

MerrillLegal Solutions

FOR READING/CORRECTiNG

INSTRUCTIONS

To

assist

please

them

the

changes

directions

br

and

below

If

read

make

insert

the

the

line

changes and/or

number reference

do not make any changes

Please

do NOT change

After completing

Main Street

your

Signature
4th

FlOor

you

br

testimony
furnish

sheet

any errors or changes you wish to
on the errata sheet by listing the page
you wish

corrections

to

on the face

make
of the transcript

any of the questions

review please sign the last page of the errata sheet above the
line and
return the Errata sheets to Men-ill Legal Solutions at 135

CA 94105

San Frndsco

ERRATA

Page

your deposition

find

then the change

and

to

DEPOSITION

pages are necessary please

of the errata

corrections

and

Please

designated

If

your transcript carefully

corrections

additional

and attach the pages to the back

Please

and

making

in

you

follow

YOUR

or fax

them

to

415

357.4301

SHEET

Line

Change______________________________

Ff

Reason

IiE

change
Reason

-rtF
-ic_cl

Change
Reason

1m

FO

fj
lZtS

Page

Line

change
Reason

Ei

iZ-tS4

i-r RtSk

Po

Change
Reason

tZ1

1/

jz

Po

Change
Reason_______________________________________

Change
Reason_____________________________________

Change
Reason_______________________________________
Change
Reason_____________________________________

Reason

Change_______________________________________

to the

above

changes

certify

that the transcript

is

made

certify

that the transcript

is

________

Subject

_______

No changes have been

signature

true

and

correct

true

and

correct

date

CERTIFICATE OF
LUCIA BRANN

SARAH

certify that

Reporter

hereby

foregoing

deposition

the

truth

whole

REPORTER

was

the

me

by
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

me

by

therein

10

witness

11

computer

was

said

and

thereafter

That
review

14

If

15

provided

to

16

appended

that

the

reduced

direction

my

before

13

taken

down

disinterested person

stated

under

12

deposition was

to

and

at

the

testimony

of

typewriting

the

said

by

supervision
of the

completion

in

deposition

hereto

of

the

requested

17

transcript
any

the

changes

reporter

further

made

attorney

19

deposition

nor

in

20

this cause

and

that

21

parties

either

or

any

the

the

that.I
of

any

was

by

during

certify

18

for

was

the

am

not

requested

and

deponent

allowed

period

not

parties

of

counsel

to

the

in

the

event

am

to

any

of

related

or

said

way interested
not

are

of

the

thereto
DATED

_______

24

25

SARAH

LUCIA

BRANN

CSR

No

3887

From

Sanabria

Lori

Sunday

To

[e-mail]

Subject

RE

Attachments

Hi

23

152 AM

Sent

update

April

Risk

At

2006

Report

4-22-06xls

Patricta

lye updated
have

This

the spreadsheet

attached

is

the

first

lime

for

List

and

me

so

let

roe

know

if

you

have

any

questions

below

it

thanks

---Original

From
Sent

To

Message-----

Patricia

Friday

Murguia
April

21

914AM

2006

[e-mail]

RE

Subject

Sn

At

Risk

Report

are added

you

to

my

distrtuon

here

was

the

latest

UPDATE

only

show

those

tat

ar

in

Ne9oUa1on

ciao

From
Sent

Len

Sanabria

Thursday

At

Subject

Hi

20

AprIl

To MURGUIA

2006

537 PM

PATRICIA
Risk

Report

Patricia

Cart you

please

add

me

to

your

at

risk

report

and

also

send

me me

the most

recent

report

so that

an

update

it

thanks
Lori Sanabria
Sales

Support

ORACLE
4500

oracle

Fax

Line
Urie

supr

sarylca

Lane

CA

Peasanton
Direct

Representative

94586

9251694-5075

719/757-4220

email
Global

Confidential

ori.sanabLQradQQrn
Support

Canter/Customer

Care

1/800-477-5738

0RCL00012545