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)
<![CDATA[
EXHIBIT 19
sII5
Watz
Tracy-LAW
From
gewa
Pickedrig
Sent
To
Trent
Subject
RE FW
Cathy
It
Octoor
Thursda
not
iDE
TomorrowNow
hi
appear
jawer
deactryoted
go
Jn
Suppoa
Mairnetianco
Jim
ann
does
517 PM
2005
21
Dock
Gathyt
be
to
we
the
are
or
maintenance
of
much
evAn
th
result
ha the ooa
we we goIng
We riad
make
detsEoo
with
if
to
trangiffiflon
ilm
have
to
9Dm9
cost
at
need
Wiio
PesI
the
Is
no
erisurs
at
the
loss
JUE
the
35052
cnmpIo
to
to
any
if
Oracle
mainutom
at
Now we
Tomorrow
byeaflyNoventher
thIs
determine
oppoflniW
ot
and
conwact
cn
flcefles
and
do
be
Now
Tomorrow
the
CfOVemQe
Bethna
Moge
CS
...On1gicm
FronltTrent
Sent
Wednesthy
Probably
RV
RE
sublet
riot
pi
Othna
JO Mnance
TomormwNow
sice we
ml
2005
Octoor
To Ecdc Jim Pickelng
10%
Inomase
2U05
rojeUng
are
Suppart
616
over
ne$
the
Or
year
so
alginal Message
Promt
To
Bodc
Jim
Wcdnay
sent
Trert
FW
Subject-
th
Aithoufib
slight
JOE
Thrr.orrowflow
Mahitenari
has
schedule
th JOE
at
PM
Uewna
plemeritaOon
reduccn
user
base
been
not
200
SUpkxlTt
in
if
finalized
Europe
In
Heflit
goes
remainder of JDE
E%rope
496
The
would
there
be
would
useis
be
3007
convened
in
Notsura
this
creates
ClgIu
Ieueragawennad
lie
Message
cty
Winday October05
Ftom
Tren
Sent
Tg
Betthm
RE
Subject
am
05
October
PIorflq
Cathy
riot
Slice
equt
TorpcrowNow
liv
as
2005
343
PM
BOdJI1n
JOE
of
deptoymeot
lo
r1ntorance
SAP
We
Support
wifl
corinue
userstoJDE unI
acid
The
SAP
out
rolled
Jill1
Do
you
have
From
P4eirlg
Seit
Wednesday
Subjeth
pieces
oe
moilng
bI
JD1
Message
OrighiS
T0 Tmnt
what
tdrwhen
IthietLrw
Cathy
Re
FW
Bettina
Ocober
Bocic
2005
37
PM
JThi
TomorrowNuw
IDE
Manance
Support
AM0285
5/28/2009
TN-Confidential
nformatjon
UNfrel
NORTHERN
STATES
CsNo
4G1-cv-0t658
TWFENTANT
flare
COURT
OP CALiFORNIA
DISThICt
DISTRICt
Exhibit
PJII/E
Ne A-5002-l
Admi _________________
By
fttoie
ttuenmn
Ocpoty
Cink
Page2of4
Cathy and Jim
spoke
with
Oracle
TomorrowNow
to
their
of
next
into
looking
One way
to
sell
With
maintenance
selling
price
but
it
and beyond
price
year
for JDE
to
be more competitive
with
support
we need to gather some data to help them sell that
price
decrease was to look at how many users would
their
lowering
are
management
decrease
chance
about
They
this
information
decrease
was
Oracle
Can
either of
thinking
was
it
help with
you
their
best
estimating
this
information
Bettina
Message--
-OrigInal
From
Trent
Cathy
Sent Tuesday
To
Bock
think
European
TomorrowNow
TomorrowNow
with
Oracle
the
is
it
06 2005 933 PM
Bethna
Pickering
AN
RE
Subject
spoke
September
Jim
JOE
and
they
also
spoke
with
fine
Support
seem
actually
choice
right
also he was
presence
Maintenance
to
with
more
provide
and
service
since
than
have
it
Pieter
they
Message-
---Original
From Bock Jim
Sent Tuesday
September 06 2005 602 PM
To
Pickering
Cathy
able
to
are
close
be
to
appears
equivalent
you
Cathy
TomorrowNow
confirm
Bettina
do any
now
this
Trent
Bettina
FW
RE
Subject
JDE
the
service
enough
further diligence
to
Maitenance
right
levels
choice
market
this
any downside
without
Were
you
Bob
with
on TomorrowNow
Support
to
know
if
competitors
It
is
worth
before
the
energy
to
we commit
Thanks
Jim
Message
-Original
From
Pickering
Bett.ina
Sent Thursday
To
Jim Trent
Bock
FW FW
Subject
FYI
until
Jim
looks
it
From
Pickering
so
you
described
TN-ConfidentIal
Information
could
still
JOE
sign
Maitenance
up
Support
early but
would
not
be
billed
Stephens@tomorrownow.comj
September
01 2005
1128 AM
Bettina
TomorrowNow
JOE
Maitenance
Support
Bettina
Just
5/28/2009
we
Stephens
Re FW
Subject
In
TomorrowNow
like
AM
Message
Bob
Sent Thursday
Hi
01 2005 1130
Cathy
1/1/06
Original
To
September
to
response
know was
her the
to your
also
nature
contacted
of our
quesflons
this
though
not
morning
by Cathy
Trent
and
and processes
services
in
the
order
in
which you asked
AM0286
Page3of4
Since
maintenance
your
for
potential
slight
approximately
that time
to
current
its
to assist
software
probem would be
Their
billed
no
is
contract
and
interact
and
actual
if
with
up
with
our
services
to
above
you
pay
execute
to
waiting
on
The
Amgen
could
comfort
each
are
that they
used
other
the
benefits
to
the
are
which
until
required
not renewing
already
that period
during
with
being
is
time
30-day
in
the
supported
no
at
to
to the expiration
prior
Oracle
give
that they
effective
cost
to
would
payment
Amgen
1/1/06
contract
be
not
with
we would have
and
Immediately
to
way
TomorrowNow
in
this
helps
for
Feel
free
any
to
your
would have been
issues
impacted
dients
contact
resolved
by the
anticipated
me
any
with
and
apply
you
year-end
other
rush
questions
you
have
Best
signed
based
period
new
might
for
applied
any subsequent
we had to custom
and have 30 days
support
be
not
potential
Hopefully
you
comfortibe
support
annual
would
by
delayed
or problem
written notice
knowledge
would
begin
feel
Oracle
with
advance
All
be
fixes
available
1/1/06
11/30/05
through
would
Support
Your
2005
have
not
use
would
existing
up sooner are
signing
Any
in
effectIve
We
any
though
is
we dont have
if
transition
this
could
there
12/31/05
levels
downloading
that might
previously
requirement
up
in
doing
it
the
for
prepare
fixed
expires
service
in
versions
was
when
of
legardless
would be
date
that
fix
Oracle
Amgen
Without
reasons
develop
to
30-days
period
various
with
degradation
wishes
Bob
Bob
Stephens
Senior
Account
Executive
EnterpriseOne
and World
TomorrowNow
Inc
Tel
239
390-7670
Gel
979
Solutions
571-8702
bobstephens@tomorwwnow.com
iIckerlng
bettlflapflgefl.COm
Bettina
To
BobStepheiistomn
cc
0910112005
0154
FW
Subject
TomorrowNow
Bob
left
as
5/28/2009
TN-Confidential
Information
you
signing
awn on
up
this
early
as
other
well but
than
it
please
help us understand
helps them
smooth
out
the
value
proposition
demand
AM0287
JOE
Page4of4
We
ke
would
which
expense
we
If
wait
renewal
early
need
do
if
could
2006
until
our
in
degrade
cant
we
the
we
to
we
book
pay
in
off but
the
2006
2005
Do
clarify
if
dont
understand
maintenance
as
2005
in
payment
require
you
the
2006
if
2005
in
sign up
we
lore
In addition
particulars
service
you
levels
please
we
if
dont
we would
take advantage
of
experience
this
early
any
renewal
offer
Bettina
Message
Original
From
Bob
Stephens
Senb Tuesday
To
August
30 2005 133 PM
bettlnap@amgen.com
TomorrowNow
Subject
JDE
Maitenance
Support
Hi Bettina
You
said
to
early
to
back
get
begin
savings
with
your
migration
full
in
evaluting
our
Let
our
support
to
will
SAP
is
in
late
support
exceed
August/early
services
in
September
detail
$300000/year
Is
Amgens
for
each
it
year
complete
wishes
Bob
Bob Stephens
Senior
Account
Executive
EnterpriseOne
arid
TomorrowNow
Cot
bob
TN-Confidential
Information
Solutions
Inc
Tel
5/28/2009
World
239
979
still
annual
me know
Best
touch
390-7670
571-8702
stephensttomorrownow.com
AM0288
until
too
BINGHAM MCCUTCHEN LLP
DONN
PICKETT SEN 72257 donn.pickettbinghai1ieotn
GEOFFREY
HOWARD S.N 157468 geoff howar4bingharn.com
HOLLY
HOUSE SBN 136045 ho1ly.housebinghazn.com
ZACHARY
ALINDER SBN 209009 zachary.aiinderbingham.com
BREE
Three
HANN SBN
Embarcadero
215695 breeiiannbinghantcom
Center
CA 941 11-4067
415 393-2000
415 39.3-2286
San Francisco
Telephone
Facsimile
BARG SBN 60230 j.fb@bcltiaw.eorn
MARCO QUAZZO SEN 142182 mq@bc1tlaw.com
CHRISTOPH
ERD JENSEN SBN 235108 cdj@bclt1aw.com
JOHN
BARG COFFIN
TRAP
LEWIS
LLP
350 California Street 22nd Floor
San Francisco
CA 94104-1435
415 228-5400
415 228-5450
Telephone
10
ii
12
Facsimile
DOREAN DALEY SBN 129049
JENNIFER GLOSS SBN 154227
ORACLE CORPORATION
500
13
Oracle
Redwood
Facsimile
15
Attorneys
Oracle
94070
650
650
Telephone
14
CA
for
506-4846
506-7114
USA
Oracle
Plaintiffs
Corp
Systems
jannifer.g1ossorae1e.com
MIS Sop7
Parkway
City
dorian.daley@oracle.com
Inc
EMEA Ltd
Oracle
Oracle
and
Intematioia1
Co.rp
J.D Edwards Europe
Ltd
16
17
UNITED
STATES
18
NORTHERN
21
22
23
DISTRICT
OF CALIFORNIA
SAN FRANCISCO
19
20
COURT
DISTRICT
Colorado
ORACLE USA INC
corporation
ORACLE INTERNATiONAL CORP
California
ORACLE SYSTEMS
corporation
Delaware
ORACLE
CORP
corporation
EMEA LTD an Irish private limited
and iii EDWARDS EUROPE
company
LTD.
an
Irish
24
private
limited
Case
No
07-C V-01 658
Before
Hon
CompIaiit Filed
March
PJH
EPT
Philis
Hamilton
22 2007
DECLARATION OF CUSTODIAN OF
RECORDS OF AMGEN INC
company
Plaintiffs
25
SAP
26
27
AG
German
corporation
SAP
iNC Delaware corporation
TOMORRO\VNOW INC Texas
AivIERICA
corporation
and
DOES
1-50 inclusive
Defendants
28
..
DECLARA1i
U.S
D.C
CeN
OF CUSTOIMAN
Civ
OF RFCORDS
OF
INC.
O7.CV.lSPJtJEDLj
640052.1
DECLARATION OF CUSTODIAN
Sheila
Martin declare
am
All
declaration
as
follows
the
over
OF RECORDS
made
statements
of
age
in
18
and
declaration
this
to
competent
testit
upon
my
based
are
the
to
facts
stated
in
personaJ
and
knowledge
Records
this
Management
belief
am
Amgen
Inc
California
currently
Amgen
am
and
ii
for
12
Procedure
13
AG
authorized
14
Northern
issued
Case
No
District
near
the
copies
business
Executive
Director
address
Entcprise
One Amgen
is
Center
Thousand
Drive
at
Oaks
certify
such
by
records
Documents
Things
served
on
Arngen
2009
in
the matter
and
plaintiffs
07-CV-Ol 658
of the following
custodian
authorized
on
June
EDL
P31-I
produced
in the
pending
in
described
business
to
response
USA
of Oracle
United
Subpoena
Federal Rule
to
pursuant
Civil
records
States
inc
et
of
SAP
al
Court
District
Civil
th
for
of California
The
15
17
to
45
al
complete
the duly
of Documents
Production
et
my
as
799
9320-1
am
io
and
employed
documents produced
and prepared
time of the events
in
by Amgens
recorded
to
response
in
personnel
subpoena are true
plaintiffs
the ordinary
The documents are Bates
course
of
their
and
correct
duties
at
or
AM000I -AM0879
labeled
as
United
States
18
declare under
19
20
true
21
and
eorrct
and
penalty
that
this
of perjury under
declaration
the
executed
laws
the
Thousand
Oaks
that
23
California
the
Ibregoing
on August
is
24
2009
is
at
of
By
SHEILA
MARTIN
24
25
26
27
28
Tc.rr
O1tCLARtT1ON
OF CUSTOIM
AN OP IECORDS
OF
AMGEN INC
SD.C.CaeN.Civ.G7-CV4t655P3HEOL
M0052..l
BINGHAM MCCUTCHEN
DONN
PICKEfF SBN
LLP
72257
HOWARD
HOUSE SBN
GEOFFREY
SBN
donn.pickett@bingham.com
157468 geoff.howard@bingham.com
HOLLY
136045 hol1y.house@bingham.com
ZACHARY
ALINDER SBN 209009 zachary.a1inder@bingham.com
BREE HANN SBN 215695 bree.hann@bingham.com
Three
Embarcadero
Center
CA 94111-4067
415 393-2000
415 393-2286
San Francisco
Telephone
Facsimile
BARG SBN 60230 jfb@bc1tlaw.com
MARCO QUAZZO SBN 142182 mq@bcltlaw.com
JOHN
CHRISTOPHER
BARG
350
JENSEN SBN 235108 cdj@bcltlaw.com
LEWIS
TRAPP LLP
COFFIN
California
22nd
Street
San Francisco California
415 228-5400
415 228-5450
Telephone
10
Floor
94104-1435
Facsimile
12
DORIAN DALEY SBN 129049 dorian.daley@oracle.com
JENNIFER
GLOSS SBN 154227 jennifer.g1oss@oracle.com
ORACLE CORPORATION
13
Redwood
ii
500
Parkway M/S
Oracle
City
Telephone
14
Facsimile
is
Attorneys
Oracle
for
CA
650
650
506-4846
506-7114
Oracle
Plaintiffs
Systems
.5op7
94070
Corp
Oracle
USA Inc Oracle International
EMEA Ltd and J.D Edwards
Corp
Europe Ltd
16
UNITED STATES DISTRICT
17
NORTHERN
18
DISTRICT
COURT
OF CALIFORNIA
SAN FRANCISCO
19
21
22
ORACLE USA INC Colorado corporation
ORACLE INTERNATIONAL
CORP
California corporation
ORACLE SYSTEMS
Case
CORP
20
Complaint
Filed
REVISED
NOTICE
EMEA
Delaware
LTD
an
Irish
company and J.D
23
LTD
an
Irish
corporation
private
limited
PJH
07-C V-01658
Hon
Before
EDL
Phyllis
Hamilton
March 22 2007
limited
EDWARDS
private
ORACLE
No
EUROPE
company
OF SUBPOENA
OF
AMGEN INC FOR THE PRODUCTION
OF DOCUMENTS
24
Plaintiffs
__________________________________________
25
SAP
AG
German corporation
26
AMERICA INC
27
corporation
Delaware
TOMORROWNOW INC
BRG1
and
28
DOES
SAP
corporation
Texas
1-50 inclusive
Defendants
COFFIN
Lw1s
NOTICE
OF
U.S.D.C
Case
SUBPOENA FOR THE PRODUCTION
No
Civ 07-C
V-01658
PJH
OF DOCUMENTS
EDL
612017.2
TO ALL PARTIES
AND THEIR ATTORNEYS
PLEASE TAKE NOTICE
of Civil
Amgen
Procedure
350
California
the
documents
DATED
Street
22nd
described
May 20
in
Inc
on June
that
shall
Floor
OF
produce
2009
at
the
to
the offices
94104
subpoena
served
JOHN
2009
to
pursuant
CA
San Francisco
Exhibit
RECORD
of
Rule 45 of the Federal
Coffin
Barg
number
telephone
with
Lewis
this
Rules
Trapp
415
LLP
228-5400
notice
BARG
MARCO QUAZZO
CHRISTOPHER
JENSEN
BARG COFFTN LEWIS
TRAPP LLP
By
10
1sf
11
Jensen
Christopher
Attorneys
for
International
EMEA Ltd
Plaintiffs
Corp
and
Oracle
USA
Inc
Oracle
Systems Corp Oracle
J.D Edwards Europe Ltd
Oracle
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
MPG
ComM
LEWIS
Tjtpp
28
NOTICE
OF
U.S.D.C
Case
SUBPOENA
No
Civ
FOR THE PRODUCTION
07-Cv-01658
PJH
OF DOCUMENTS
EDL
612017.2
Rev
wAOSS
I2/07Suboocnu
Civil
in
case
Issued
by the
UNITED STATES DISTRICT COURT
Central
USA INC
ORACLE
et
of
District
California
al
SUBPOENA
SAP AG
Delaware
German
SAP AMERICA INC
INC
Texas
corp
Corp
Number MISC
Case
TOMORROWNOW
corp
CIVIL CASE
IN
07-CV-1658
United
TO
AMGEN
do
Eric
INC
McDermott
Los
Northern
Esq
Levinrad
2049
Emery
Will
Angeles
San
in
PLACE
above
the
Suite
East
District
Francisco
to
the
in
appear
States
United
District
court
the
at
place
date
and time
PLACE
OF
AND TIME
to
appear
the
at
place
and time
date
below
specified
to
testify
DATE
YOU ARE COMMANDED
date
and
SEE EXHIBIT
time
to
produce and
below
specified
list
Trapp LLP 350
CA 94104-1435
Coffin Lewis
Barg
San
Francisco
YOU ARE COMMANDED
permit
or
and copying
inspection
documents
not
organization
or
to
permit
managing
party
agents
or
to
California
22nd
Street
of
the
onii
of
the
this
suit
FE
that
DATEAND
Floor
premises
following
Federal
consent
Rule
1SSUG
to
94104-1435
of Civil Procedure
DTITLEINDICATEtFATTORNEY
ER7%IGNATURE
NAME
DRESS
Jensen
Tel 415-
arg
or objects
at
the
28-5411
to
district
other
than
TIME
930
at
the date
and time
its
of
deposition
behalt
and
may
shall
set
designate
forth
below
specified
one
each
or
more
person
officers
designated
30b6
DATE
FORPLAINTIFFORDEFENDANT
for
for
5/20/2009
Plaintiffs
Lewis
LLP
Trapp
350
California
Street
22nd
E-mail cdj@bcltlaw.com
district
Federal
olsuance
RnIe of
state
Civil
district
Procedure
under
case
45
number
and
on
nexi
page
Floor
am
AND TIME
AND PHONE NUMBER
Coffin
See
pending
on
testify
thrson wilIli
FICERS
Christopher
the taking
for
subpoenaed
is
who
Attorney
actton
documents
following
6/1/2009
inspection
othpersons
matters
ISSUING
deposition
AND TIME
DATE
Any
of
taking
objects
PREMISES
directors
the
attached
PLACE
If
at
case
DEPOSITION
place
to
COURTROOM
YOU ARE COMMANDED
above
below
specified
case
OF TESTIMONY
in the
California
Division
3800
DATE
LI
of
in
Pending
Court
District
CA 90067-3208
YOU ARE COMMANDED
testify
Park
Century
EDL
PJH
States
San Francisco
CA
the
BINGHAM MCCUTCHEN
DONN
PICKETT SBN
LLP
72257 donn.pickett@bingham.com
SBN 157468 geoff.howard@bingham.com
HOWARD
GEOFFREY
HOLLY
HOUSE SBN 136045 ho11y.house@bingham.com
ALINDER SBN 209009 zachary.a1inder@bingham.com
ZACHARY
BREE HANN SBN 215695 bree.hann@ bingham.com
Three Embarcadero
Center
CA 94111-4067
415 393-2000
415 393-2286
San Francisco
Telephone
Facsimile
BARG SBN 60230 jfb@bcltlaw.com
MARCO QUAZZO SBN 142182 mq@bcltlaw.com
JOHN
CHRISTOPHER
JENSEN SBN 235108
BARG COFFIN LEWIS
TRAPP LLP
350
California
10
11
12
Telephone
Facsimile
Floor
94104-1435
California
415
415
228-5400
228-5450
DORIAN DALEY SBN 129049 dorian.daley@oracle.com
JENNIFER
GLOSS SBN 154227 jennifer.gloss
oracle.com
ORACLE CORPORATION
500
Parkway M/S
Oracle
13
Redwood
14
Telephone
Facsimile
15
22nd
Street
San Francisco
cdj @bcltlaw.com
Attorneys
Oracle
City
for
CA
650
650
506-4846
506-7114
USA
Oracle
Plaintiffs
Systems
5op7
94070
Corp
Oracle International
Inc
EMEA Ltd
Oracle
and
Corp
J.D Edwards Europe Ltd
16
17
Issued by the
18
UNITED
CENTRAL DISTRICT OF CALIFORNIA
19
20
STATES DISTRICT COURT
ORACLE USA
INC.
Colorado corporation
et
CASE
NO
07-C V-1658
PJH
EDL
al.
21
Pending
Plaintiffs
22
23
SAP
AG
German
AMERICA INC
24
corporation
Delaware
TOMORROWNOW
and
DOES
in
UNITED STATES DISTRICT
NORTHERN DISTRICT
OF
INC.
SAP
COURT
SAN FRANCISCO DIVISION
corporation
Texas corporation
1-50 inclusive
Defendants
TO THE SUPOENA FOR
THE PRODUCTION OF
DOCUMENTS TO AMGEN INC
EXHIBIT
26
Production
27
28
BAJtG
Coff
IN
LEWIs
TItAJl
Date May 18 2009
TO SIJPOENA FOR THE PRODUCTION
FXIIIBIT
U.S.DC
Case
No Ov
07-C V-Q1 658
Pifi
OF DOCLMFNTS
EDL
612005.2
TO SUBPOENA TO PRODUCE DOCUMENTS
EXHIBIT
TO
AMGEN INC
PLEASE TAKE NOTICE
Procedure
within
produce
method
LLP
350
California
10
possession
11
inspect
or
data
and
control
copies or create copies
Unless otherwise
The
16
Inc
17
successors
18
others
20
including
and
all
of
all
and
23
assigns
of
Tipp
purporting
definitions
term
herein
and/or
its
Lewis
415-228-
agreed
that
by
upon
are
Your
in
to
representatives
shall
each
to
apply
of
the
Requests
and
recorded
to
act
Oracle
and
on
case
and
and
behalf
and
means
current
all
and
or
under
affiliates
the
all
include
all
affiliates
administrators
and independent
term
TommorowNow
Texas
party
Amgen
divisions
officers
other
non
directors
employees
or
persons organizations
of each
control
predecessors
of
the
foregoing
contractors
includes
thereof
means
and
corporation
term
Documents
computerized
all
plaintiffs
Oracle
divisions
all
third-party
current
USA
Inc
et
all
predecessors successors
software
and
No Ov
07-CV-0I658
PJH
means and includes
electronic
TO SUPOENA FOR THE PRODUCTION
EXHIBIT
foregoing
mean and
and
former
services
support
all
divisions
provider
predecessors
assigns thereof
The
U.S.D.C
the
Your
each of the foregoing
TomorrowNow Inc
typed
of
and
subsidiaries
accountants
former subsidiaries
The
27
each
of
former
temporary employees
24
successors
and
attorneys
The
current
You
Arngen
current
assigns
or
acting
22
LWIs
its
and
21
28
maybe mutually
as
Oracle
permit
Tel
94104-1435
Inc
recognized
Coffin
Barg
Civil
such inspection
the following
indicated
terms
agents consultants
19
BAJ1G
CA
of
Amgen
other
by
Jensen
described
things
or
Rules
that
request
mail
Christopher
place
Federal
below
15
26
and
the
DEFINITIONS
13
25
for
U.S
San Francisco
thereby
of originals
12
14
to
of
Oracle
the
in
such timeand
at
45
collectively
Floor
electronic
andlor
custody
al
documents
22nd
Street
930 a.m.
at
et
such delivery
direct
documents
the
parties
Inc
Rule
to
pursuant
depositing
and
service
5411 on June 12009
the
by
district
its
of courier
Trapp
USA
Oracle
plaintiffs
THAT
taped
graphic
without
or
other
limitation
matter
in
written
whatever
printed
form
OF DOCUMENTS
EDL
612005.2
whether
final
in
or
writings
Documents
of
of
writings
records
data
11
image
12
orders
13
computations
14
chemical
15
jottings
on
or
computer
invoices
and
18
reflecting
or
agents representatives
25
call
26
between
27
1W1G
including
or
another
by
electronic
network
media
such
LEWIS
ro
files
Evidence
and
other
insertions
notations
reports
email
telephone
hard drives backup
on
or
each
or
original
correspondence
cards
data
document
printouts
books
hardware
ledgers
journals
summaries compilations
worksheets
films
drawings
tape or
phonographic
the
voicemail
tapes disks and
as
records
digital
chance
Related Concern
Relating
evidencing
discussing
means
government
connection
charts
or
digital
or transcripts
drafts
any natural
or
agency
the matter
Concerning
mean
organization
of
referencing
discussed
corporation
company
person
other
or
to consisting
pertaining
with
at
cognizable
partnership
law and
its
and employees
term
Communication
including
or
without
any telephone
prearranged
two or more Persons
means
any
transmission
limitation
any
of
call
formal
whether
between
or
or not
two
informal
such contact
the
or
any
Persons
any
whether
conversation
was by chance
from
information
following
more
and
of
or
one
Document
or not
or
such
meeting
prearranged formal
informal
28
The
term
Customer Connection
means
COFFIN
TRAPP
or
logs data
activity
from
containing
messages
spreadsheets software
Relate
Person
any e-mail
was
records
of
original
the
to
respect
any
presentations
entity
The
24
and
limited
constitute
that
Procedure
of Civil
to copies
graphic
term
21
to
in
variations
minutes
having any logical or factual
firm association
Person
differs
diagrams
describing
20
23
other
video
Rules
not
is
statements
tel-ms
The
22
that
but
checks
photographs
constituting
19
includes
copy
storage
things
of the Federal
1001
vouchers
charts
The
about
Rule
of
and
materials
all
notes
16
17
to
as but not limited
databases
bills
process
such
diaries
web pages
files
any
limited
34 of the Federal Rules
further
logs computer
removable
not
meaning
Rule
notes or any
calendars
10
the
of
meaning
including
marginal
memoranda
within
Documents
the
corrections
message
the
but
including
Documentss
term
any
versions
draft
recordings
within
The
copy
or
TO SLTPOENA
EXHIBIT
U.S.D.C
Case
No Ov
FOR THE PRODUCTION
07-cV-01658
PJH
any
Oracle-maintained
support
website
OF DOCUMENTS
EDL
612005.2
And
Software
associated
server
for
E-Delivery
including
associated
with
those
including
The term Download
whole
or
in
connected
infrastructure
10
The
and
programs
11
entire
12
Documents
13
code
all
of
family
and
11
or subject
fixes
documentation
term
14
study alter manipulate
15
otherwise
And
with
physical
identifiable
things
from
information
network
that
or replication
transfer
is
of
part
outside
an
in
source
Persons
another
Related
and/or
Siebel
to
and code
And
or
copy
without
Oracle
any
fixes
limitation
materials
branded
Systems
Software
to
means
and
all
and updates
means
Materials
whole
replicatein
the
across
products
patches
Support
all
or
in
to
partor
with
interact
INSTRUCTIONS
17
With
18
excludable
19
on the Document
20
positions
21
received
22
recipients
23
the
24
revealing
25
and character
from
and
said
respect
discovery
Document
the information
of the
With
the
28
redacted
of
occupations
responsive
those
including
for
material
is
identified
all
Ce
No
civ
07-CV-Q1
658 PJH
authors
withheld
in the
of
and
prepared
Document
or the size
to
claimed
the date
and
and
bcc
volume
of
or quantity
Document
the general
including
and
titles
reproduced
recipients
the
identify
appearing
numbers
produced
cc
or otherwise
without
matter
subject
memorandum notes
Document
portion
date
addresses telephone
sufficient
is
immune
privileged
senders recipients
the privilege
letter
is
preparation
who
individuals
that
the
You
contend
Document
in
is
privileged
only in part produce
form provided
redacted
and the basis for the claim of privilege
TO SUPOENA FOR THE PRODUCTION
EXHIBIT
known
last
which
to
non-privileged
and
description
Document e.g
respect
Documents
iv
and
COFFIN
USD.C
present
You contend
that
the
provide
ii the name
Document withheld
27
Document
to
iii the number of pages
26
LEwls
all
Assistant
copying
Materials
distribute
reverse-engineer
software
or
tangible
and
control
reference
16
BAJtG
or
such programs
concerning
Use
server
customers
Systems
hardware
Change
other
updates
Edwards
other
via
Support
and
data
any
or
Persons
that
patches
ID
PeopleSoft
The
to
Software
term
data
computer
to
Siebel
any duplication
Document
file
any
the internet
through
computer
10
of
part
and
available
means
and
Documents
addresses
protocol
website
the
Edwards
Materials
Support
internet
locations
JD
PeopleSoft
is
stated in
that
accordance
the
with
OF DOCUMENTS
EDL
612005.2
number
Instruction
above
Document once
If
Your
in
longer
details
possession
the
concerning
ustodian
present
of
The
as
necessary
might otherwise
_5
11
12
not limited
construed
as
term
to
each
gender
as
in
each
19
case
Documents
All
is
state
address
of
the
the
the
following
disjunctively
Requests
all
and
conjunctively
which
information
as
includes
and
any
the plural
be
shall
and vice versa
construed
and all and
as
including
each
the term
shall
but
be
be
shall
construed
to
refer
the
to
masculine
feminine
or
neuter
shall be
the
specified
from January
relevant
2005
to
time
for
Your
constituting
and
period
to
response
these
June 30 2008
FOR PRODUCTION
between You and TomorrowNow
PeopleSoft
Siebel
and/or
Systems
JD Edwards
Concerning
Software And
Support
Materials
ii
system
logs
manifests
24
iii
records
Siebel
Oracle
PeopleSoft
received
COFFIN
U.S.flC.CaseNo
Civ
logs
application-level
spreadsheets and
development
Materials
28
proxy
logs
reports
network
Relating
logs
to
such
scripts
Software
Materials
TomorrowNows
PeopleSoft
iv
web
database
And Support
26
BG
and
title
no
is
most inclusive
Commimications
Oracle
23
27
Document and
the
name
otherwise
REOUEST FOR PRODUCTION NO.1
21
25
the
or
scope.
construed
REOUESTS
20
22
identify
be construed
comprehensive
be
destroyed
and every
17
18
of
or
You
to
shall
their
shall
form of any word
is
shall
Unless otherwise
requested
outside
including
any
or
as
the scope
of the singular
term
the
be
to
Any pronoun
15
16
use
welt
as
within
bring
be construed
The
13
14
to
The
10
and
terms
lost
including
known
if
been
You
Document
such
Document
any such
order
in
of
has
or control
custody
loss
but
existed
Systems
Siebel
of
Software
Support
Materials
for
Oracle
JD Edwards software and
and/or
Systems
by provided
and
to
and/or
JD Edwards
Downloaded
by
You
Software
from
And
Support
TomorrowNow
07-CV-Qlo5SpJHpDi
612005.2
made
or otherwise
servers
available
You from TornorrowNow
to
REQUEST FOR PRODUCTION NO.2
Documents
All
Your
Materials
by
Communications
internal
Your
for
and
You
installation
the
Concerning
of
ii
local
TomorrowNow
And
Software
software
environments made
remote software
or
and
JD Edwards
PeopleSoft Siebel Systems andlor
Oracle
TommorowNow
between
Communications
any
including
and
Support
environment
available
You
to
by
TomorrowNow
REQUEST FOR PRODUCTION NO.3
All
Documents
and
Communications
10
Communications
11
TomorrowNow
12
andlor
13
marketing materials
14
PeopleSoft
15
TomorrowNow
16
JD
Your
as
Edwards
Siebel
All
Your
Concerning
software
branded
provided
and
Your
internal
Your
Concerning
Documents
and
existing software
Communications
or
19
representations
20
and
21
Documents and
22
and
software
Siebel
PeopleSoft
to
Relating
or actual
any proposed
products
applications
You by TomorrowNow
JD Edwards
of
Oracles
for
software
enterprise
to
or negotiation
provider
support
and/or
Systems
consideration
18
use
Systems
including
services
support
of
any
for
Oracle
from
ii any Communications
contracts
or
showing
constituting
considered
any
proposed
REQUEST FOR PRODUCTION NO.5
actual
ii
23
of
licensing
all
All
Relating
past
or
authorizationin
25
Software
And
software
proposed
contracts
licenses
policies Related
incorporated
and
any way
TomorrowNow
from
considered
to
present
Documents
24
Communications
or
mannerfor
Support Materials
to
requests
27
or
or
including
agreed-upon
and
on
behalf
of
Connection
or contractual
and
of software
any licensing
conditions
Your
TomorrowNow
to
terms
ordering
TomorrowNow
from
Concerning
including
or
negotiations
services
terms
agreements
constituting
from Customer
26
permission
Use
but not
or
28
All
Documents
for the provision
and
Communications
EXHIBIT
U.S.D.C
TO SUPOENA FOR THE PRODUCTION
Case
No
Civ
07-CV-0165g
PJH
OF
of login identifications
constituting
and
credentials
limited
Concerning
or
or
Download
to any
REQUEST FOR PRODUCTION NO.6
by TomorrowNow
COFFIN
LEWIS
You and TmorrowNow
REQUEST FOR PRODUCTION NO.4
17
ARG
between
passwords
TomorrowNows
DOCUMENTS
EDL
612005.2
You
that
request
media
installation
Edwards
Siebel
All
JD
or
code
in
in
part
as
party
reasonable
16
subpoena
17
impose
18
include
but
The
20
21
things
22
inspection
is
26
27
BJtG
LEwls
28
serve
all
stored
which
lost
to
the
the
to
Case
OF
and
TomorrowNow
and
Software
branded
software
You
to
products
selling
No
civ
this
Support
application
or others
PROCEDURE
CIVIL
of
Procedure
Civil
provides
in
appear
or
information
sampling
attorney
designated
in the
materials
the
at
or
such
time
the
or inspection
form or forms requested
that
duty
this
and
which
sanction
copying
may
of
place
or
testing
Documents
commanded
14
in
to
subject
or tangible
production
or
trial
within
if
shall
fee
papers
person
may
compliance
enforce
inspection
person
rule
this
shall
attorneys
hearing
for
specified
or
Of
person
appropriate
permit
subpoena
on
issued
an
of
service
expense
was
duty
and
and
information books
not
d2
or
reasonable
appear for deposition
of the designated
07-CV-01655
of
produce
stored
testing
party
burden
subpoena
and
to
need
paragraph
time
undue
breach
in
TO SUPOENA FOR THE PRODUCTION
EXHIBIT
Use
to
PeopleSoft
or
You
between
for the issuance
the
earnings
premises
copying
upon
of
electronically
commanded
before
any or
electronically
USD.C
material for any Oracle JD
45 of the Federal Rules
responsible
commanded
of
inspection
or
to
person
inspection
producing
Rule
that
or attorney
Subject
service
services
imposing
behalf
not limited
unless
subpoena
or
Subject to Subpoenas
avoid
on
designated
23
permit
code
source
applications
actions
andlor
Systems
providing
attorney
to
the party
sampling of
25
Siebel
andIor
plans
OF THE FEDERAL RULES
or an
court
2A
or
software
with
assigns
E-Delivery
Communications
efforts
with
45
steps
upon
19
or
agents
follows
14
24
connection
Protection of Persons
take
its
or Oracle
devices
any
PLEASE TAKE NOTICE
13
15
Edwards
RULE
11
of
any
PeopleSoft branded
including
TomorrowNows
10
12
electronic
and/or
Systems
Documents
Concerning
source
CDs
via
or
FOR PRODUCTION NO.7
REQUEST
Materials
TomorrowNow
provide
days
is
of the
If
after
less
subpoena
to
service
than
14
written
premises
objection
--
is
or
and
produce
of
days
the
after
objection
to
made
to
producing
the party
OF DOCUMENTS
Pm EDL
612005.2
the
serving
the
subpoena
premises
except
commanded
copying
or an
of
at
to
order
to
resulting
the
may
notice
the
issued
the
to
production
who
any person
protect
or inspect
was
subpoena
upon
compel
to
shall
compel
from significant expense
party
order
the materials
sample
which
by
subpoena
time for an
any
an
the
serving
test or
copy
inspect
of the court
order
party
sampling Such
or
testing
the
move
produce
to
officer
made
an
to
pursuant
been
has
objection
be entitled
not
shall
from the inspection
If
person
inspection
not
is
party
testing
or
quash
copying
or
sampling commanded
3A
the
modify
On
subpoena
10
ii
12
more than
13
business
14
15
in
in
which
the
not
at
or
the request
28
to
attend
to
or affected
subpoena
travel
trial
not
is
where
to
subject
person
that
FXHIBIT
officer
resides
person
the provisions
to
of privileged
of
party
to
travel
c3Biii
of
from any such place
travel
to
or regularly
employed
is
of clause
or other
undue
to
this
place
transacts
such
rule
within
the
state
and no
matter
protected
exception
or
burden
of
trade
disclosure
requires
of
events
an
secret
unretained
in dispute
or occurrences
or
other
confidential
research
and
experts
resulting
or
opinion
from
the
of
party
information
experts
study
not
made
any party or
more than
issued
of
person
100
miles
quash
shows
who
to
or
is
not
attend
modify
substantial
need
party
trial
the
TO SIPOENA FOR THE PRODUCTION
or
an officer
the court
subpoena
for
COFFIN
TRAPP
or an
party
commanded
be
disclosure
by the subpoena
is
time for compliance
who
disclosure
iii requires
expense
shall
commercial information or
specific
25
issued
subpoena
ii
24
LG
that
requires
describing
27
person
subjects
20
23
was
subpoena
or
BIf
22
which
by
held
trial is
iv
development
court
reasonable
from the place
order
in
waiver applies
19
26
allow
iii requires
18
21
to
person except
may
person
the
it
requires
100 miles
16
17
if
fails
11
motion
timely
the
may
or
if
testimony
to
the
or
to
protect
party
incur
person
in
material
substantial
to
subject
whose
behalf
the
that
cannot
be
OF DOCUMENTS
USDCCaseNoCivM7-CV-OI65SPJIEDL
612005.2
otherwise
met
addressed
will
be
undue
without
Duties in Responding
lA
are kept
they
the usual
course
the
in
which
the person
information
13
stored
15
undue
16
discovery
17
of
18
from
19
26b2C
burden
undue
21
sources
or subject
22
be
23
produced
to
if
by
that
If
privilege
26
any
27
party
28
and
or of
that
party
must
may
EXHIBIT
US.D.C
as
received
the person
No
only
civ
them
produce
to
as
with
correspond
is
as
shows
conditions
the
the
o7-cv-o1658
sequester
Pill
electronically
usable
need
not
the information
same
the
produce
not provide
or
to
the court
cause
good
electronically
is
withheld
documents
material
of
the
the information
to
until
the
the
order
of
whom
because
discovery
limitations
the
the basis
the claim
is
that
communications
person
specified
claim
it
is
be made expressly
shall
the
subpoena
claim and
or destroy
from
person
nonetheless
on
contest
to
party
in response
the
because
Rule
of
discovery
of
demanding
accessible
considering
the claim
the
electronically
reasonably accessible
may
materials
nature
quash
not
is
of
discovery
not reasonably
as
sought
for the
trial-preparation
or disclose
producing
form or
need
subpoena
to
produced
the information
return
for
form or forms that are reasonably
in
made
party
enable
to
forms
or
discovery
is
TO SLPOThA FOR THE PRODUCTION
Case
production
is
in
identifies
compel
to
subject
of
or
subpoena
trial-preparation
information
protection
use
shall
them
label
must produce
subpoena
showing
specify
information
it
the information
that
that
description
promptly
not
may
sufficient
is
that
the requesting
protection
supported
25
TRAPP
if
The court
24
LrV1s
cost
or
2A When
20
CoffiN
show
form
subpoena
maintains
to
On motion
must
sought
burden
such
subpoena
form
responding
cost
or
and
organize
the
specify
to
one
from sources
information
is
or
appearance
documents
produce
to
shall
or
to
responding
person
14
ordinarily
more than
in
not
responding
person
person
stored
subpoena
of business
does
subpoena
11
12
order
may
the
demand
stored iiiformation
in
to
responding
if
forms
court
whom
to
person
Subpoena
to
person
in
the categories
10
the
compensated
reasonably
the
that
assures
conditions
specified
upon
and
hardship
or
privileged
and
shall
not
things
claim
that
making
is
subject
the
for it After
information
resolved
and
to
claim
of
claim may notify
being
notified
any copies
receiving
it
party
has
may
OF DOCUMENTS
EDL
612005.2
promptly
receiving
party
the information
present
disclosed
The
retrieve
it
claim
to
the court
the information
who
under
before
notified
DATED
May 20
produced
must
information
it
of
must take
reasonable
information
If
the
steps to
until
the
BARG
JOHN
2009
preserve
the
the claim
resolved
is
person
the
being
determination
for
seal
MARCO QUAZZO
CHRISTOPHER
BARG
By
COFFIN
Jensen
/s/Christoher
Attorneys
10
JENSEN
LEWIS
TRAPP LLP
for
International
EMEA Ltd
Plaintiffs
Corp
Oracle
USA
Inc
Oracle
Systems Corp Oracle
and J.D Edwards Europe Ltd
Oracle
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
BARG
28
CoffiN
LEWIS
_________
TO SUPOENA FOR THE PRODUCTION
EXIHBIT
U.SD.C
Case
No
civ
o7-cv-o1655
PJH
OF DOCUMENTS
10
DL
612005.2
McDermott
Emery
Will
Boston
Brussela
Munich
New
Strategic
alliance
June
26
London
Houston
Rome
County
Orange
with
VIA U.S
San
Los Angeles
Stems
Diego
VeINY
Mtami
Milan
Eric
Levinrad
elavmnradCmwe.cocn
D.C
Wasthoglon
13105519370
MWE
ClrÅna
Law
Shanghai
Offices
2009
MAIL
Jensen
Christopher
Barg
Dsseldorf
Chicago
York
Lewis
Coffin
Trapp LLP
22nd
350 California Street
Floor
San Francisco
CA
Re
Inc.s Response
Amgen
94010-1435
to
Subpoena
Oracle
USA
Inc
SAP
et
AG
et
al
Dear Chris
Enclosed
Arngen
If
find
please
Inc.s
you have
Amgen
to
Response
any questions
Inc.s
production
Subpoena
feel
please
and
documents
Amgen
Incs
free to contact
Bates
privilege
labeled
AM0001
AM0879
log
me
ScerelYg/
Eric
Levinrad
Enclosures
cc
Donn
Pickett
Dorian Daley
LAS99
US
2049
and privilege log only
response
response
and privilege log
only
1735456-1.041925.0129
practice
Century
conducted
Park
through
East
Suite
McDermott
WlR
3800
Angeles
Los
Emery
California
90067-3208
Telephone
310.2774110
Facsimile
310.2774730
www.mwe.com
AMGEN INC
LOG
PRIVILEGE
Privilege
Number
Bates
Number
From
CC
Recipient
Date
Sent
NA
DiPrizio
Vito
Rawles
Lee
Betiria
Pickenng
Miciano
Zeverly
Jane
Pickering
Betina
Jane
Pickering
Betina
12/1/05
1105
AM
house
DiPrizio
Vito
Davis
Kimberly
Betina
Pickering
Confidential
house
12/1/05_1122AM
NA
Rawles
Vito
Lee
12/1/05
942AM
house
Rawles
DiPrizio
Lee
Pickering
Betina
Jane
Zeverly
12/13/05
1111
AM
Betina
Vito
DiPnzio
Vito
Rawles
Lee
Attorney-Client
communication
DiPrizio
Vito
outside
Zeverly
Jane
DiPrizio
Vito
Zeverly
Jane
12/1
440
3/05
PM
outside
NA
DiPrizio
Vito
Pickenng
Betina
933AM
12/15/05
outside
Rawles
NA
Pickering
Betina
Attorney
communication
Betina
Pickering
1050
12/2/2005
AM
house
Lee
446
12/5/2005
PM
outside
Vito
RawlesLeej
12
AM0136
Lee
Wilfred
Williams
Mike
A1v10136
Williams
Mike
Lee
Wilfred
Hieu
I-lieu
PM
12/5/20055.20
5/2/2006
1020
AM
house
5/2/2006
1041
AM
house
14
AM0133
NA
NA
NA
with
jieyClientPnvilege
with
in-
with
in-
NA
Attorney-Client
counsel
with
AMO13I-AM0132
Bates
Privilege
Attorney-Client
Privilege
ri
with
in-
______
email
Privilege
______
with
counsel
communication
Privilege
Attorney-Client
communication
Attorney-Client
with
________
communication
Privilege
Attorney-Client
communication
Privilege
Attorney-Client
communication
to
Privilege
with
counsel
Attachment
Privilege
Attorney-Client
communication
counsel
Confidential
Pickering
Bettina
outside
Pnvilege
Attorney-Client
communication
counsel
Confidential
Pickering
Bettina
Le
13
Satins
Pickering
Le
Client
Privilege
with
counsel
12/2/2005
________________
DiPrizio
Privilege
in-
counsel
idential
11
with
counsel
Confidential
10
Privilege
in-
counsel
Confidential
Confidential
NA
with
Attorney-Client
communication
Jidentialcommunication
NA
Client
in-
counsel
Confidential
AM0879
with
________
Pickering
DiPrizio
communication
counsel
Confidential
NA
Attorney
counsel.1
Confidential
NA
Privilege
Miguel
Vito
DiPrizio
Zeverly
for
with
counsel
Confidential
Davis
Kimberly
Miciano
NA
outside
communication
Miguel
DiPrizio Vito
NA
1639
12/13/2005
Basis
Description
Confidential
numbered
Amgen
Confidential
Information
Financial
SAN FRANCISCO
Calendar and
Received
ERIC LEVINRAD
Bar
State
No
Dates
169025
elevinradmwe.com
McDER1OTT
2049 Century
Los Angeles
Telephone
Court
to
be
Services
292009
June
Entered
_________________
EMERY
WILL
LLP
____________
Park
East Suite 3800
CA 90067-3218
310 277 4110
______________
310 277 4730
Facsimile
atrocesed____________
Received
Attorney
for
via
BoxlFax/ECE
Third Party Witness
AMGEN INC
Proccssed
Issued
by
bythe
COURT
UNITED STATES DISTRICT
CENTRAL DISTRICT OF CALIFORNIA
10
11
12
ORACLE USA INC
corporation
et
Colorado
al
13
Court Northern
San Francisco
Plaintiffs
14
SAP
AMGEN
AG
German corporation
SAP
AffiRICA INC Delaware corporation
TOMORROWNOW
17
in United
District
Division
of
States
corporation
18
and
INC
DOES
INC.S
SUBPOENA
Texas
1-50 inclusive
Defendants
19
20
21
22
23
24
25
26
27
28
LAS99
i73392S-I.O4I925.O12
AMOEN INC.S RESPONSE
TO SUBPOENA
Distnct
California
Case
No
07-CV-
1658PJHEDL
15-
16
CASE NO Misc
ACTION Pending
RESPONSE TO
PARTY
PROPOUNDING
RESPONDING PARTY
ONE Nos
Pursuant to Rule
Amgen
hereby
Plaintiff
Subpena
45
of the Federal
and
objects
Production
1-7
of
Rules
to
responds
set
forth
in
USA
ORACLE
of documents
Exhibit
AMGEN INC
Procedure
Civil
Plaintiff
the production
requesting
for
Requests
specific
AMGEN INC
THIRD PARTY WITNESS
NUMBER
SET
ORACLE USA INC
PLAINTIFF
to the
INC.s Oracle
and
by Amgen
the
to
Requests
Subpoena
or
as
follows
GENERAL OBJECTIONS
The
10
11
Requests
12
forth
13
as
general objections and
following
by Oracle and
propounded
No
below
specific
waiver
constituting
14
Amgen
15
to
16
archival
17
and
18
objection
are
is
hereby
intended
of any general
to
objects
statements
apply to each
within
incorporated
to
each
set
response
should not be construed
and
constitute
of the particular
objection
the Requests
to
the extent
they purport to require
Amgen
which provides
documents
produce
which sources
databases
cost
This
objection
19
The
20
electronically
21
not reasonably
22
23
information
24
confidential
25
obligations
27
Procedure
28
by
LAS99
the
different
and
Federal
the
to
the Requests
that
contain
and/or private
from or
in
excess
of Civil
need not provide
that
the
to the
or
of undue
discovery
burden
45dl
Procedure
of
person identifies
as
cost
extentthat
any Request
Amgens
to
the
extent
that
of those created by
Amgens
Procedure
because
Amgens
in
seeks
proprietary
information
the Requests
Rules
Rule
or constitute
to
of Civil
Federal
of undue burden
objects
Local
Rules
to
maintained
are
accessible
from sources
because
accessible
secret
not reasonably
information
objects
information that
subpoenaj
and/or documents
trade
are
made pursuant
stored
Amgen
26
is
person responding
Amgen
stored
or electronically
the
responses are made
and the Local Rules
1733925-1.041925.0129
AMOEN INC.S RESPONSE
TO SUBPOENA
they seek
Federal
to
impose
Rules
of
Civil
pursuant to and as limited
Amgen
to the
objects
to
Requests
the
by the attorney-client
privilege the attorney work
applicable
protections
privileges
inadvertently
attorney
work
to and
not intended
to
that
product
information
or
not operate as
of any inadvertently
return
Insofar
as
10
be deemed
11
limited
the production
be
to
waiver
12
of any privilege
with respect
13
andlor documents
14
information not cuently
15
information and/or
16
convenient
17
relevant
18
to the
19
unduly
to
that
in the
possession
that
or less
burdensome
claims or defenses
overly
Amgen
Definitions
to the
22
burdensome
ii
23
or
24
excess
25
include
26
the parties
to
27
from
defects
objects
extent
are
expensive
to
they
are
inconsistent
assertions
such
objections
LAS99
this
Amgen
by
the
further
and
fact
that
objects
to
Rules
are
to
the Definitions
deemed
be
document
or
control of
Amgen
information
nor reasonably
information
seek
more
are
that
TO EXHIBIT
TO THE SUBPOENA
neither
is
calculated
with the Requests
to
lead
would be
oppressive
to the
purported
overly broad
or at
purported
general
different
least
defined
application
from
PRODUCTION
OF
or in
Rules
iv
are disputed
terms
that
of these
follows
FOR THE
such
of the words
and the Local
the very
in
or unduly
meaning
customary
obligations
as
instructions
1733925-1.041925.0129
AMGEN INC.S RESPONSES
be
to
iii they seek
other sources that
they seek
may
only
ii they
from
the
these Requests
duplicative
inaccurate
and
to
shall
and/or
of Civil Procedure
the breadth
with respect
copies thereof
or
impose
other
and
is
production
they seek
ambiguous
incorporate
limiting
waiver
action
or
such
response
compliance
unclear
iii seek
and/or
Without
in this
annoying
Federal
of purported
action
iv
Amgen
privilege the
that
with the ordinary and
phrases they purport to defme
created
obtained
Defmitions and
the
in
the extent
custody
expensive
of admissible evidence
discovery
of those
be
may
document
and/or
cumulative
the extent that
reserves the right to demand
information
to
other
any
applicable privilege
or right such
Requests
unreasonably
documents
the parties
21
28
are
To
protection
of any
by Amgen
particular
to the
burdensome
less
20
to that
objects
and/or
attorney-client
or
Amgen
of any information
waiver
Amgen
waiver
information
produced
the
privilege
information
other
any
by
protected
any other
or
doctrine
shall
doctrine
product
inforition protected
or doctrines of similar effect
any information
produces
they seek
extent
DOCUNENTS
by
suffer
Amgen
of the Definitions
paragraph
current
and former
assigns
of each
consultants
others
the
definition
10
Rules
current officers
administrators and
or under
and independent
employees
vague and
is
and
ambiguous
the
of each
control
definition
employees agents
persons organizations or
other
contractors
the
sJ
successors and
predecessors
directors
all
Your in
and
all of
is
of the foregoing
on the grounds
under
that
overly broad
compound
and beyond the scope of permissible discovery
burdensome
unduly
all
purporting to act on behalf
temporary
Amgen You
divisions
all
affiliates
and
of the foregoing
Or
all
including
and
attorneys accountants
acting
of
the extent they purport to include
to
subsidiaries
the definitions
to
objects
Federal
the
of Civil Procedure
Amgen
11
12
Concern
13
defmition
14
permissible discovery
Concerning
or
is
compound
17
reserves
18
Requests
19
Amgen
20
propounded
Amgen
21
which
be involved
22
the
23
such
24
but have
diligent
and
to
has in
it
may
information
documents
the
and
faith
good
alter
additional
possession
further
or
to
on
Definitions
and
the
beyond
the
upon
facts
presently
its
on documents
or other
not been located despite
information and/or
in
evidence
response
and good
Amgen
or
to
if
proceedings
other matters
these Requests
or
in
whether
re now
in
faith efforts
28
1733925.1.041925.0129
TO
TIlE
SUBPOENA
FOR THE
PRODUCTION
OF
in
or not
existence
27
TO EXHIBIT
that
addition to
26
AMGEN INC.S RESPONSES
any
were
25
LAS99
Amgen
to
documents
any subsequent
matters are newly discovered
diligent
of
responses and objections to these
reserves the right during
produced
the
scope
known
custody or control at the time these Requests
to rely
that
grounds
comply with these Requests
change
responsive
and/or documents
evidence
effort
Relate Relating Related
of Civil Procedure
based
are
of
burdensome
Federal Rules
supplement
produce
its
of the
paragraph
responses herein
and
the right to
the definition
overly broad unduly
16
represent
in
under
Amgens
15
to
objects
DOCUMENTS
RESPONSES
FOR PRODUCTION
TO REQUESTS
NO
REQUEST FOR PRODUCTION
All Communications between
You
TomorrowNow
and
and
constituting
concerning
Oracle PeopleSoft
Systems and/or JD Edwards
Siebel
And
Software
SupportMaterials
ii
system logs
database
manifests
Support
10
11
Siebel
PeopleSoft
Oracle
to
Relating
reports
servers
15
RESPONSE
or otherwise
and
such
scripts
And
Software
made
by
And
Software
by You from TomorrowNow
to Downloaded
provided
for
and
Systems and/or JI Edwards
Siebel
available
Materials
Support
Systems and/or II Edwards software
Support Materials received
14
of Software
development
PeopleSofi
13
16
and
spreadsheets
TomorrowNows
iv
12
records
logs network logs
logs application-level
proxy
Materials
iii
Oracle
web
You from TomorrowNow
to
TO REQUEST FOR PRODUCTION NO.1
Amgen
incorporates
by
each
reference
17
objects
to this
request on the ground
18
objects
to
request to the extent
19
from
20
Amgen
21
of
its
above
General Objections
Amgen
and/or proprietary business information
this
disclosure
22
by
the
additionally
23
Amgen
24
responsive
25
require
26
reasonably
responds
as
to
without
follows
non-privileged
extraction
that
attorney-client
objects
Subject to and
that
waiving
documents
recovery
accessible
because
improperly
seeks
privilege
this request
Amgen
or
it
is
it
to
the
the production
the extent
that
will
comply with
in
itspossession
sources
of undue burden
it
work
this
as
seeks
and
general
Amgen
of documents
and/or the attorney
foregoing
from archival
compound
further
protected
product
Amgens
specific
confidential
objections
request by producing
custody or control that
such
archived
do not
documents
and cost
27
28
LAS99
1733925-1.041925.0129
AMGEN INC.S RESPONSES
TO EXHIBIT
TO THE
SUBPOENA
FOR THE
doctrine
PRODUCFION
OF
DOCUMENTS
are
not
REQUEST FOR PRODUCTION NO.2
All Documents
and
Your
Communications
internal
Communications between You and TomorrowNow
including any
Support Materials for Your Oracle PeopleSoft
software
made
environment
available
to
by
TommorowNow
And
of Software
the installation
Concerning
Systems and/or JD Edwards
Siebel
and ii local
environments
remote software
or
You by TomorrowNow
TO REQUEST FOR PRODUCTION NO.2
RESPONSE
Amgen
of its General Objections
by reference each
incorporates
objects
to this
request on the ground
10
objects
to this
request to the extent
11
from
12
Amgen
13
above
Amgen
Amgen
and/or proprietaty business information
disclosure
the
additionally
15
Amgen
to this
objects
16
responsive
extraction
require
Amgen
documents
non-privileged
or
recovery
accessible
because
it
it is
seeks
privilege
in
from archival
18
reasonably
19
work
and/or the attorney
that
this
sources
product
doctrine
confidential
request by producing
such
as
protected
objections
specific
custody or control
possession
further
Amgens
seeks
it
general and
comply with
its
of documents
the production
the foregoing
will
compound
improperly
request to the extent
waiving
follows
as
responds
that
attorney-client
Subject to and without
14
17
by
that
archived
that
do not
documents
are
not
REQUEST FOR PRODUCTION NO.3
20
All Documents
21
internal
22
or actual
23
PeopleSoft
24
products
25
Relating
26
software
27
software
use of
to
Concerning
TomorrowNow
as
Siebel Systems and/or
including
support
any
services
and
cost
Communications between You and
and
Communications
of undue burden
or negotiation
Your software support provider
JD Edwards
marketing
for
Your consideration
TomorrowNow
materials
branded
Oracle PeopleSoft
Siebel
to
You
by
Oracles
applications
TomorrowNow
Systems and/or JD Edwards
and ii any Communications from TomorrowNow
Concerning
Your
existing
contracts
28
LAS99
1733925-1
041925.0129
AMGEN INC.S RESPONSES
TO EXH1B
TO THE SUBPOENA
FOR
TIlE
Your
of any proposed
software
enterprise
provided
for
and
PRODUCTION
OF
DOCUMENTS
TO REQUEST FOR PRODUCTION NO.3
RESPONSE
Amgen
by reference each
incorporates
objects
to
this
request on the ground
objects
to
this
request to the extent
from disclosure
the
by
Subject to and
Amgen
responsive
without
recovery
accessible
because
from
its
arid/or
the
in
its
archival
reasonably
11
Amgen
further
protected
product
doctrine
objections
specific
request by producing
or control
custody
such
as
sources
10
attorney work
this
possession
Amgen
of documents
general and
comply with
will
compound
the production
foregoing
above
General Objections
improperly
seeks
it
the
waiving
documents
or
is
it
privilege
Amgen
non-privileged
extraction
require
that
attorney-client
follows
as
responds
that
of
that
do not
documents
archived
are
not
REQUEST FOR PRODUCTION NO.4
12
13
14
All Documents
or actual
proposed
services
16
terms and
17
licensing
18
RESPONSE
19
of software
licensing
or contractual
terms and
conditions
of software
incorporates
to this
request on the ground
21
objects
to
request to the extent
22
from
this
disclosure
by
Subject to
25
responsive
26
require
27
reasonably
including
proposed or agreed-upon
past or present contracts
and incorporated
by reference each
objects
Amgen
considered
any
licenses agreements
Related to any
policies
TmorrowNow
20
24
all
TomorrowNow
to considered
Relating
ii
or constituting
TO REQUEST FOR PRODUCTION NO.4
Amgen
23
from
ordering Documents
from
cost
Communications showing
or representations
negotiations
15
and
of undue burden and
responds
the
that
attorney-client
and without
waiving
as follows
Amgen
non-privileged
extraction
that
documents
or recovery
accessible
because
is
it
it
of
its
from archival
this
possession
sources
of undue burden
and
general
as
above
Amgen
Amgen
further
of documents protected
work
and/or the attorney
comply with
will
compound
the production
the foregoing
in
General Objections
improperly
seeks
privilege
its
product
objections
specific
request by producing
custody or control
such
archived
that
do not
documents
and cost
28
LAS99
1733925-1.041925.0129
AMGEN INC.S RESPONSES
TO EXHIBIT ATO THE SUBPOENA
doctrine
FOR THE PRODUCTION
OF
DOCUMENTS
are
not
ii
REQUEST FOR PRODUCTION NO.5
All Documents
or
and Communications
authorizationin
Download
limited
any
way
And
Software
or
mannerfor
Support
of
TomorrowNow
to
Use
or
but not
including
the provision of login identifications
for
passwords
or
TO REQUEST FOR PRODUCTION NO.5
RESPONSE
Amgen
incorporates
to
this
request on the ground
10
objects
to
this
request to the extent
11
from
disclosure
by
Subject to
the
and
of
by reference each
objects
12
or on behalf
Your permission
Materials from Customer Connection
to any requests by TomorrowNow
credentials
and Concerning
constituting
that
that
attorney-client
without
is
it
the
13
Amgen
14
responsive
15
require
16
reasonably
17
compound
and
general
Amgen
work
Amgen
further
of documents
the production
foregoing
above
Objections
and/or the attorney
privilege
waiving
General
improperly
seeks
it
its
protected
doctrine
product
objections
specific
REQUEST FOR PRODUCTION NO.6
responds
non-privileged
extraction
18
follows
as
Amgen
documents
or recovery
because
accessible
All Documents
19
TomorrowNows
20
with source code
21
material
for
22
software
RESPONSE
in
this
possession
its
from archival
sources
of undue burden
Communications
as
request by producing
custody
such
or control
that
do
documents
archived
not
are
not
and cost
constituting
and
Concerning
applications
23
and
comply with
will
24
or
installation
25
objects
to
26
objects
27
from
TomorrowNow
provide
CDs
media via
Siebel
electronic
or
any
of
devices
its
or
agents or assigns
Oracle
Systems and/or PeopleSoft
E-Delivery
branded
TO REQUEST FOR PRODUCTION NO.6
to this
this
disclosure
incorporates
by reference each
request on the ground
request to the extent
by
the
Subject to and
LAS99
You
any Oracle JD Edwards
Amgen
28
request that
that
that
attorney-client
without
waiving
it
is
it
of
General Objections
improperly
seeks
privilege
the
its
compound
the production
general
Amgen
of documents
and
Amgen
further
protected
work product
and/or the attorney
foregoing
above
specific
objections
1733925-1.041925.0129
AMOEN INC.S RESPONSES
TO EXHIBIT
TO THE
SUBPOENA FOR THE PRODUCTION
OF
doctrine
DOCUMENTS
Amgen
Amgen
extraction
recovery
accessible
reasonably
or
because
from
comply with
will
non-privileged documents
responsive
require
follows
as
responds
in
its
this
possession
archival
of undue burden
custody
such
as
sources
request by producing
or
control that
do not
documents
archived
not
are
and cost
REQUEST FOR PRODUCTION NO.7
All
Documents
TomorrowNows
Concerning
Materials
including any Communications
or
JD Edwards
source code
application
10
or
11
RESPONSE
Siebel
in
actions
Use Software
to
Systems and/or PeopleSoft
connection
with providing
branded
services
and Support
software
or selling
products
to
You
others
12
TO REQUEST FOR PRODUCTION NO.7
Amgen
incorporates
by reference each
13
objects
to this
request on the ground
14
objects
to
request to the extent
15
from
this
disclosure
16
by
the
Subject to and
17
Amgen
18
responsive
19
require
20
plans and/or
efforts
between You and TomorrowNow
as
responds
that
attorney-client
without
follows
waiving
Amgen
or
recovery
accessible
because
from
is
it
the
General
its
archival
sources
of undue burden
of documents
and
general
this
possession
as
Amgen
compound
and/or the attorney
comply with
above
Objections
the production
foregoing
will
in
its
improperly
seeks
it
privilege
non-privileged documents
extraction
reasonably
that
of
work
Amgen
further
protected
product
doctrine
objections
specific
request by producing
custody or control
such
archived
that
do
documents
not
are
not
and cost
21
22
Dated
June
McDERMOTT
262009
WILL
EMERY
LLP
23
24
By________________________________
ER1C LEVINRAD
25
Attorney
for
Third Party Witness
AMGEN INC
26
27
28
LAS99
1733925-L0419250129
AMOEN INC.S RESPONSES
TO EXHIBrI
TO THE
SUBPOENA
FOR THE
PRODUCTION
OF
DOCUMENTS
PROOF OF SERVICE
am employed
age of 18
East
and not
Suite
County of Los Angeles
in the
party to the within
3800 Los Angeles
On July 26 2009
State
served the following
CMJECF Electronic
offices of
addresses
Electronic
set
the
above
forth
Filing
caused
Filing
NEF
pursuant
is
documents
to
Fed.R.Civ.P.5dl
to
automatically by the
generated
INC.S
be
transmitted to
mail at the e-mail
electronic
Notice
of
ECF
system upon
to the e-mail address
NEF
of an electronic
The
when e-mailed
completion
filing
of record in the case shall constitute
the proof of service
as required by
Fed.R.CivP.5d1
copy of the NEF shall be attached to any document
in the traditional
manner upon any party appearing pro
served
Se
10
MAILJ
11
as
and
processing
Service
Under
12
am
follows
that
for
the
practice
Service on the same
course of business
13
Under
with postage
14
the
United
SEE
declare
this declaration
under
this court
at
penalty
was executed
FEDERAL
18
whose
mailing with the United
States
of
collection
Postal
was deposited with the United
was executed in the ordinary
envelopes was were sealed and
correspondence
day
this declaration
practice
the
thereon fully prepaid placed for collection
and mailing on this date
States Mail at Los Angeles California
addressed
as set forth below
15
16
that
with the finns practice
familiar
readily
of correspondence
Postal
States
17
Park
TO THE SUBPOENA FOR
the above
above by
listed
addressees
over the
2049 Century
is
AMGEN
documents
TO ORACLE USA INC.S EXHIBIT
PRODUCTION OF DOCUMENTS
the
address
90067-3218
California
RESPONSES
TIlE
am
of California
my business
action
declare
direction
ATTACHED SERVICE
of perjury that
on July
that
service
LIST
the foregoing
26 2009
at
am employed
was made
is
true
and
correct
in the
office
of
member of the
19
LAS99
1733925-1.041925.0129
AMGEN rNCS RESPONSES
TO EXHIBIT
TO THE
SUBPOENA
and
that
Los Angeles California
FOR THE
PRODUCTION
OP
DOCUMENTS
bar of
in
SERVICE
Jensen
Christopher
John
LIST
BArg
Marco
Quazzo
BARG
COFFIN LEWIS
TRAPP LLP
350
California
Street 22nd Floor
San
Francisco
CA
94104-1435
Phone
415228-5400
Fax 415228-5450
Donn
Pickett
Howard
Geoffrey
House
Holly
Alinder
Zackary
Bree Haan
10
BINGHAM MCCUTCHEN
Three
11
Embarcadero
CA
San Francisco
Phone
415
LLP
Center
94111-4067
393-2000
12
Fax 415393-2286
13
DorianDaley
Jennifer
14
Gloss
ORACLE CORPORATION
Oracle Parkway M/S Sop7
94070
RedwoodCityCA
Phone650506-4846
Fax 650506-7114
500
15
16
17
18
19
20
21
22
23
24
25
26
27
28
10
LAS991733925-I.0419250129
AMGEN
C.5
RESPONSES
TO
Eff
TO
TI SPOA
FOR
PRODUCTION
OF
DOCENTS
]]>
