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 24

Foundation for
A-0059 Stora

Enso

Defendants

0RCL000343

Trial Exhibit

16

0RCL000343

18

manager

support

Plaintiffs

organizational chart

Objs

Robert

to

Lachs

Interrogatory

as

support

Cummins Sept 16 2008 Depo Tr
Robert

Lachs

as

senior

identifying

Robert

Lachs

as

Oracle

identifying

Robert

Lachs

as

senior regional

sales

Resp

identifying

Foundational Support

sales

support

Oracle

Enso

Stora

organizational chart

Oracle

regional manager

A-0059

an Oracle

regional

at

No

sales

98

in

manager

Defs

8222-838 Rule

5th Set of Interrogatories

Stora

for

Enso

30b6

testimony

identifying

manager

Cummins Sept 16 2008 Depo Tr at 8513-14 Rule 30b6
Lachs left Cummins organization in June 2007

testimony

indicating

that

Robert

Cummins Sept 16 2008 Depo
support

renewal/sales

Tr 345-25 Rule

representatives

report

to

30b6

testimony

regional managers

indicating

and

that

associated job

responsibilities

Duggan

Aug

responsibilities

Duggan
support

SVI-108747v1

Aug
sales

2009 Depo
of supports

2009 Depo
representatives

Tr 2123-2225 Rule
sales

representatives

Tr 2316-24 Rule

30b6

testimony

describing the job

and managers

30b6

testimony

with regard to communications with

identifying

Oracle

duties

customers

of

Organi7atiDfl

Page

Chart

OPACLE

Aria

of

People Search

Chris

Madsen

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Sc

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211

Total

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43

attac

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total

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0RCL00034316

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Page

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of

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Tanr
Sr Directortupport
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Spies

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43

Total

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Directs

Renewal

Rep

Services

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Total

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Sen4ces

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Rep

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pit
Services

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ES

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rve

Eyes

Only

0RCL0003431

BINGHAM McCUTCHEN

DONN

LLP

SBN 72257
HOWARD SBN

PICKETT

GEOFFREY
157468
HOUSE SBN 136045
HOLLY
AL1NDER SBN 209009
ZACHARY
BREE HANN SBN 215695
Three

Embarcadero

415
415

Telephone
Facsimile

Center

CA

San Francisco

94111-4067
393-2000

393-2286

[e-mail]

[e-mail]
[e-mail]
[e-mail]

[e-mail]

DORIAN DALEY SBN 129049
JENNIFER GLOSS SBN 154227
10

500

11

City

CA

650
650

Telephone
Facsimile

12

M/S

Oracle Parkway

Redwood

5op7

94070

506-4846
506-7114

[e-mail]
jennifer.glossorac1e.com

14

Attorneys
Oracle

for Plaintiffs

USA

Oracle

Inc

EMEA

Oracle International
and

Limited

16

Siebel

Corporation

Systems Inc

UNITED

17

STATES

NORTHERN

18

DISTRICT COURT

DISTRICT OF CALIFORNIA

OAKLAND

DIVISION

19

20

ORACLE

USA INC

21

CASE

et

SAP

AG

et

07-CV-01658

PJIEI

EDL

SUPPLEMENTAL
RESPONSES AND OBJECTIONS TO
INTERROGATORY NO.98 IN
DEFENDANTS FIFTH SET OF
INTERROGATORIES
SIEBEL
PLAINTIFFS

Plaintiffs

22

23

NO

at
Defendants

24

CONTAINS HIGHLY
CONFIDENTIAL INFORMATION
DESIGNATED PURSUANT TO
PROTECTIVE ORDER

25

26

27

________________________________

28
07-C

PLAINTIFFS SUPPLEMENTAL

DEFENDANTS

RESPONSES
FIFTH

AND

OBJECTIONS
TO INTERROGATORY
SET OF INTERROGATORIES SIEBEL

V-01658

PJI-I

NO.98

EDL
IN

PROPOUNDING

PARTY

PARTY

RESPONDING

Plaintiffs

NO

SET

Five

Pursuant

Oracle International

Oracle
Set

Defendants

their

supplement

between

Rule

of Civil

Oracle

Corporation

of interrogatories

11 2009

Federal

to

and

response

with respect

to

EMEA

and

Limited

to

objections

Oracles

33

Procedure

Siebel

Siebel

software

Inc

Systems Inc collectively

No

Interrogatory

USA

Oracle

Plaintiffs

98

Fifth

of Defendants

to the

product line pursuant

June

the parties

GENERAL OBJECTIONS
The following General Objections

10

11

12

these

13

of such

below

Response

if

as

General Objections

Oracles

15

shall

16

admissibility

17

or

of any

in this

answers

that

any objections

preserve

trial

Response

specific

Any

Response

all

failure to repeat

constitute

shall not

waiver

shall

be without

or

specific

any part

of

or relinquishment

objections

14

to the

competence relevance

Responses and

the

materiality

matter

their subject

to and

prejudice

at

or

any hearing

action

19

Oracle to respond

20

Federal

21

Interrogatories

in

to the

to the

Procedure

and

extent

in the

Oracle objects

23

information that

24

limitation

25

the

26

required

is

not within

information that

Interrogatories

the

based

is

Oracles

in the

or

manner

to

each

laws

Oracle shall respond

to

custody

the extent

or

that

of Civil

Oracle objects

own

to the

Defendants

seek

control including without

possession of any partys customers

its

of the

by the Rules

Interrogatory

possession

they purport to obligate

with the requirements

inconsistent

required

only on information in

Federal Rules

is

any other applicable

or

to the extent

Interrogatories

any manner that exceeds

of Civil

22

by

Interrogatory

any

may have

it

Oracle objects

Rules

to

of the Interrogatories

18

27

in

each

in

fully repeated

each

into

are incorporated

possession

Oracle will respond

custody

or control as

Procedure

to these

Interrogatories

to

the extent

they are compound

28
07-CV-01658PJHEDL

RESPONSES AND OBJECTIONS TO INTERROGATORY
DEFENDANTS FIFTH SET OF INTERROGATORIES SIEBEL

PLAINTIFFS SUPPLEMENTAL

NO.98

IN

to

Oracle objects
from discovery

information protected

witness

statement

and

other

all

intend

applicable

are

Responses

10

an appropriate

work

interest

and

law

the

of

product

from

exemptions

for trial

Oracle does not

into

the

Federal

Rule

is

date following

to

and

Responses

of the case

facts

will

of Civil

amend

These

ongoing

reasonable search

these

Oracle

as required

Responses

at

26e

Procedure

OBJECTIONS TO DEFINITIONS

11

Oracle objects

12

Oracle to provide

13

to require

14

that

15

of

16

information for current

17

such individuals

carmot be identified

to

Identify

the extent

they

or

to

the

information

it

of Identify to the extent

Definition

that

is

not within

reasonable search

following

to

purports

Oracle

require

To

former employees

may attempt

to

provide

the extent

that

Oracles

do so through

it

purports

possession custody or control

its

Oracle further objects

to

that

address

or

Defendants

to the

or

Definition

business affiliation

intend

to

contact

counsel

OBJECTIONS TO INSTRUCTIONS

18

Oracle objects

19

20

obligate

21

the

22

Oracle shall respond

Oracle to respond

Federal Rules

of Civil

23

24

these

to

seeks disclosure

of litigation or in preparation

immunities under

or

it

the privileges

privileges

protections

investigation

supplement

time pursuant

common

by the attorney-client

made based on Oracles knowledge

the right to

reserves

the extent

information

protected

Oracles

to

Interrogatory

prepared in anticipation

privileges

such

to disclose

each

communications

and/or party

afforded to materials

discovery

to

in

any manner that

to the Interrogatories

that

grounds

Oracle objects

26

January

27

extent

that

28

parties

have

2002 through
imposes

it

reached

the date

burden

to the

to the

or

is

and

and

as

that

it

purports

SUPPLEMENTAL

DEFENDANTS

manner required by law

in the

in Instruction

No

No

stated

is

FIFTH

set

by Instruction

overbroad

and

2004

which

burdensome

unduly

from or additional

of information before

SET

on

overbroad

different

RESPONSES

of

laws

applicable

to the

and

to

agreement

after the

filing

07-CV-01658

PLAINTIFFS

to

with the requirements

inconsistent

of construction

time period

or obligation

to the extent

of this Court or any other

rules

of response

regarding production

and

only to the extent

they are unduly burdensome

25

Nos

exceeds

the rules

Procedure

Oracle objects

the

to Instruction

AND OBJECTIONS TO INTERROGATORY
OF INTERROGATORIES

SIEBEL

NO

the

the

of the
PJHEDL
98 IN

responses will be

Oracles

Accordingly

litigation

March 22 2007 unless

the

covered

is

discovery

for the

by

the

time period

2004

January

to

Timeline

Expanded Discovery

Agreement
Oracle objects

time frame for Siebel

the relevant

that

from January

starts

12006

TO INTERROGATORY

RESPONSES AND OBJECTIONS

DEFENDANTS

NO.98 IN

FIFTH SET OF INTERROGATORIES

INTERROGATORY
the

Identify

NO

98

Regional

Inc.s Supplemental

TomorrowNow

10

Defendant

11

Production

12

RESPONSE TO INTERROGATORY

13

In

and

addition

to

its

use of the undefined

objects

15

that

they

16

this

Interrogatory

17

control

of Oracle

18

require

Oracle to do

anything

19

by the Federal

Rules

of Civil

20

related

21

extent

22

immunity

23

Oracle also objects

24

and

25

of admissible

26

Oracle

27

already

28

to the

to

seeks

to

extent

Oracle

disclosure

including

the

beyond

and

this

Siebel

Oracle further objects

compilation

or

abstract

and

is

not

to

from

to

that

it

is

or

that

the extent

summary from

it

purports to

information required

information

historical

to

this

overbroad

to

unduly

the

or

protection

records

burdensome

lead to the

the Interrogatory

business

to

Interrogatory

work product protection

nor reasonably calculated

to

grounds

custody

possession

by any privilege

and

privilege

the

to

the extent

discovery

on

Oracle further objects

in the

with respect

Oracle

by reference

here

purports

that

discovery

to

require

Oracle has

or will produce

to

and without

waiver

of the foregoing

General and

Specific

objections
07-C

PLAINTIFFS

for

31 2008

October

responsible

Oracle also objects

on the grounds

relevant

listed in

customer

of Requests

reasonable search for responsive

to attorney-client

neither

and

incorporates

Interrogatory

of information protected

is

2002

burdensome

unduly

information that

and/or

to this Interrogatory

each

Sets

First

Managers

in particular

Procedure

its

January

which Oracle

to

objects

but not limited

evidence

produced

Subject

for

calls

further

information that

create

it

J.D Edwards

PeopleSoft

seeks

it

the

Ito

for

98

terms Regional

overbroad

vague ambiguous
to

NO

Support Sales

Exhibit

between

General Objections

14

are

Plaintiffs

to

Interrogatories

for

responsible

Managers

SUPPLEMENTAL

DEFENDANTS

RESPONSES
FIFTH

SET

AND OBJECTIONS TO INTERROGATORY
OF INTERROGATORIES

SIEBEL

Oracle

V-01658

NO

PJH

98

EDL
IN

as

responds

follows

reasonable search Oracle

Following
connected

were

managers

Where

time period

the relevant

Oracle could not locate

the extent

that

it

could do

could identify

it

with

related

10

has attempted

11

or sales

12

managers

13

are identified

14

risk reports

15

cancellation

16

0RCL00267953

17

e.g.0RCL00149099

18

33d

to

sales

in

no

to that

the

burden included
Such

information could not be

in

to those

have

sales

no

identify

been

sales

on TomorrowNow

see

e.g ORCLOO1

in

manager

customer

including

production

support revenue

documents

Oracle

for

list

example

at-

see e.g ORCLOO13 1330

reports

Therefore

been

addition the names of the sales

customers

bookings

identified

had

support

to the

Oracles

where

representatives

reasonable search

following

that

or

Oracle has to

representative

In

0RCL00016776

Oracle refers Defendants

sales

customer

see e.g ORCLOO13 1416

and

name of any

during

customer

customer

representatives

production

throughout

spreadsheets

the

the

to

related

see e.g ORCL00274684

territory

sales

located

Oracles

information related

representatives

the

Further to the extent

numerous documents

reports

manager associated with

customer

documents

by Defendants

identified

to

sales

undue

customers

of which sales

understanding

its

manager had been assigned

sales

name below

identify

representative

TomorrowNow

name of

without

so

either or that

and

the

to their

next

assigned

with the

below

lists

lists

84144

pursuant
Oracles

to

see e.g
and

Fed

renewal

letters

see

Civ Proc Rule

production

19

Customer

Name

21

22

Star

Name Discrepancy
If Any

Quality

Alternate

Customer

Name

Sales

Five Star Quality

Care

Inc

______________________

23

24

AO

Smith
________________

Smith

______________________

__________________

25

______________________

27

Abbott

Abbott

Laboratories

26

Corporation

__________________

Limited

Laboratories

Canada

Name

Manager

Madsen Nancy
Schebe Deena
Chris

Marchese

Robert

Lachs

Jordan

Rowe-McCune
_____________________
James

Blackford

John

Humphrys

Limited

28
07-C

PLAINTIFFS

SUPPLEMENTAL

DEFENDANTS

RESPONSES
FIFTH

SET

AND OBJECTIONS TO INTERROGATORY
OF INTERROGATORIES

SIEBEL

V-01658

NO.98

PJH

EDL
IN

SPX

Robed

Corporation

Jennifer

Laths
Chris

Muihern

MadsenTcdd

Chapel

Rachel

Oracle

has

able

locate

__________________________

________________________

SPX

Rornano

Flow

Technology

to

not been

Support

Manager

or

the

Sales
Sales
for this

Representative

______________________

__________________

________________

Standard

Standard

name

Standard

Register

Alison

Register

Register

Alicia

Company

Hospital

St

Lukes

Hospital

Stanley

Astrich

James

Hospital

Cornwall

11

Jim Steder

Rachel

St Lukes

St Lukes

10

Robert

Kugler

Lachs

McLeod
Romano

Robed

Laths

__________________

Electric

Stanley

Co

Company

Electric

Us

Inc

Stanley

Us Co

Dectic

Inc

____________________

12
Starllub

Limited

Starhub

Pte

Ltd

Starhub

Ltd

Joseph

Kwek

North

PIe

Robert

Lachs

13

14

Stora

Enso

America
15

Stara

North

Enso

America

Corp

Corp

_____________________

_______ ________ __________
Suburban

Propane

Suburban

Propane

L.P

16

Propane

17

Susquehanna

Susquehanna

Pfaltzgraff

Madsen

Nancy

Schebe

Suburban

Todd

Chapel

James

McLend

Chris

Co

18

Company

__________________

Pfaltzgraff

______________________

19

Sybase
20

Inc

______________________

________________
Syngenta
Crop

21

Protection

22

TA

Blackford

Laohs

Alicia

Lachs

Rachel

______________________

CROP

Robert

PROTECTION

INC

Asthch

TRAVELCENTERS
AMERICA

Operating

TravelCentors

James

SYNGENTA

Inc

Corporation
23

__________________

____________________

d/bla

OF

Robert

Romano

of

America

24
See e.g
ORCLOO29O1B

Telapex

_______________

28
30
PLAINTIFFS

SUPPLEMENTAL
DEFENDANTS

07-CV-O

RESPONSES AND OBJECTIONS TO INTERROGATORY
FIFTH SET OF INTERROGATORIES
SIEBEL

PJH

No.98

EDLI
IN

Chandler

Chup

Dan

Diane HowellWatkinsJordan

Rowe-McCune

_______________

Smart

Betty

Centers

LLC

__________

Simpson

________

Keane

Stephen

Standard

Edwards

Jennie

Register

Company

John

______

Hurnphrys

__________

Costa Apostolos

Watson
Laboratories

Inc

Bernazzanik

Chrissy
Jennie

Edwards

10

II

DATED

September

18 2009

12

BINGIIAM

13

McCIJICHEN

LLP

By_L____
Zachary

Oracle
Corporation

Alinder

Attorneys

16

lor Plaintiffs

USA

Inc

Oracle

Oracle International

EMEA

Limited

and

Siebel

Systems Inc

18

19

20

21

23

24

25

26
27

28
37
PLAINTIFFS

SUPPLEMENTAL

DEFENDANTS

RESPONSES
FIFTH

SET

07C V-0I65

AND OBJECTIONS TO INTERROGATORY
OF INTERROGATORIES
SIEBEL

NO

ii

98

FD1
IN

am

9411

am

1-4067

that

readily

for

of correspondence

deposited

California

County

San Francisco

Three

at

familiar

and

California

San Francisco

Center

and

for collection

of this office

in

employed

processing

and

business day FedEx delivery

delivery/next

they are

course of business

in the ordinary

served the attached

18 2009

September

Embarcadero

action

in this

party

with the practice

mail/fax/hand

same day

On

of age not

over eighteen years

PLAINTIFFS SUPPLEMENTAL RESPONSES AND
OBJECTIONS TO INTERROGATORY NO.98 IN
DEFENDANTS FIFTH SET OF INTERROGATORIES

SIEBEL

BY FAX by transmitting
10

numbers

BY MAIL
United

12

below

set forth

Mail

practice

13

addressed

for collection

United
14

as

set

documents

of the above

copy

am

it

is

to the fax

readily

with postage

familiar with this law firms
for

of correspondence
is

be placed in the

to

envelopes

in sealed

Correspondence
left

above

listed

500 p.m

California

below

forth

Service the same day

Postal

correct

and processing
Service

Postal

States

and

San Francisco

at

prepaid

on

the

before

this date

true

by causing

States

facsimile

via

mailing with the

deposited with the United
and

for collection

processing

jn the

States

ordinary

course of business
15

DELIVERY

EXPRESS MAIL/OVERNIGHT

16

of the documents

listed

with

18

PERSONAL SERVICE

fees

to

documents

persons

prepaid

at

the

addresses
by

persons

at

to

the

set

transmitting
the

set

via

forth

and

correct

and

correct

copy

envelopes

in sealed

below

true

in sealed
forth

by FedEx

delivered

be

by causing

delivered

be hand

VIA EMAIL

20

at

to

addresses

the

17

all

above

true

by causing

envelopes

copy
with

of the above

all

fees fully

paid to the

below

email addresses

set

forth

listed

above

on

07-C

email the documents

V-01658

this date

below

21

22

Robert

Esq

Mittelstaedt

Jason McDonell
23

24

Tharan

Gregory

Elaine

Jane

Froyd Esq

Esq
Wallace Esq

Jones Day
555 California

Jones Day
1755 Embarcadero

Street

Palo Alto

26th Floor
25

San Francisco

Tel

415

CA

Tel

94104

650

CA

Esq

Road

94303

739-3939

626.3939

tglanierJonesDay.com

26

jfroydJonesDay.com

ramittelstaedtJonesDay.com
27

Lanier

jmcdonellJonesDay.com
ewallaceJonesDaycom

28
38
PLAINTIFFS

SUPPLEMENTAL

DEFENDANTS

RESPONSES
FIFTH

SET

AND OBJECTIONS TO INTERROGATORY
OF INTERROGATORIES

SIEBEL

NO

PJH
98

EDL
IN

declare

whose
2009

direction

at

San

the

that

service

Francisco

am employed
was made and

in the office

of

that this declaration

member of
was

the

executed

bar

on

of this court

September

at

18.

California

23

24

25

26

27

28
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07-CV-01658PJH

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AMERICA
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ATTORNEYS EYES ONLY
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STATES

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ORACLE

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SARAH

LUCIA

BRANN

3887

or

HIGHLY

2009
ATTORNEYS EYES

PAUL DUGGAN
CONFIDENTIAL

August

ONLY

Page
IN

THE

UNITED

NORTHERN
SAN

DISTRICT

STATES

OF

DISTRICT
FRANCISCO

COURT

CALIFORNIA

DIVISION

--oOoORACLE

CORPORATION
ORACLE
corporation
Colorado
USA INC
and ORACLE
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INTERNATIONAL
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corporation
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vs
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INC

AMERICA
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INC

07-CV-1658

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DATED

24

25

SARAH

LUCIA

BRANN

CSR

No

3887