Oracle Corporation et al v. SAP AG et al

Filing 1201

Declaration of Tharan Gregory Lanier in Support of 1182 Statement Declaration of Tharan Gregory Lanier iso Joint Statement Regarding Exhibit Objections filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59)(Related document(s) 1182 ) (Froyd, Jane) (Filed on 8/2/2012)

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EXHIBIT 26 c11 Iii Sales and Support 23 Blotner July 2008 Depo function of Oracles Jones April software Tr sales 24 2009 Depo Tr renewals/sales at at function of Oracles the function of Oracles support at 15210-15 describing the function of Oracles team support sales at 2716-23 renewals/sales 2009 Depo Tr function of Oracles SVI-108747v1 describing the team renewals/sales Aug testimony organization 253-20 describing Cummins Sept 16 2008 Depo Tr Duggan 30b6 1119-122 Rule Van Boening Sept 10 2009 Depo Tr support Foundation at 2316-24 representatives Rule 30b6 testimony describing the team Rule 30b6 testimony describing the BLOTNER RICHARD STATES NORTHERN DISTRICT DISTRICT OF FRANCISCO SAN 23 2008 CONFIDENTIAL HIGHLY UNITED July COURT CALIFORNIA DIVISION -oOoORACLE CORPORATION Delaware ORACLE corporation Colorado USA INC and ORACLE corporation INTERNATIONAL CORPORATION California corporation Plaintiffs No vs SAP AG SAP AMERICA German 07CVl658PJH corporation Delaware INC TOMORROWNOW corporation INC Texas corporation DOES 1-50 inclusive and Defendants DEPOSITION RICHARD Wednesday CONTAINS REPORTED BY HIGHLY CYNTHIA OF BLOTNER July 23 2008 MATERIAL CONFIDENTIAL PACINI CSR 6117 RMR CRR 01411414 Merrill Legal 800 Solutions 8699132 Cfl4 44C0 O. nfl...flaefl BLOTNER RICHARD July CONFIDENTIAL HIGHLY 23 2008 II Page to take out flight afternoon Yes 400 oclock flight Okay do So canTt guarantee to my best well try try and this correct that is Francisco San of to make to try but will And happens that so we can that accomplish Are you that short breaks the keep sure it Oracle an employee lam Yes 10 How 11 Thirteen 12 What is 13 Vice president sales American of 15 president 17 you and two years current your Let me make 15 been by Oracle operations 14 have long of months have North for at position operations sure operations employed it Oracle for North its So American vice sales operations lB Correct 19 Okay 20 refer to 21 Sales Sales 22 support 23 things 24 services 25 What and such licenses organization also our you Merrill portion of that what education referred to When sales software of this as of the does say as this Legal 800 On and sells services firstyear other our hosting Demand organization Solutions 8699132 what are BLOTNER RICHARD HIGHLY 23 Juiy CONFIDENTIAL 2008 12 Page you to referring Which Okay sales Anerican want topics is that Mr notice 12 structure 13 groups and/or 14 for the following of and and and 21 limited nature 22 Mr 23 is Blotner 25 he areas addition thats if PeopleSoft been you what Merrill objections we the of and and also JD Day responses speak on to in the about That deposition prepared and clarification got from Jones this is what and that on will speak So the provided of has responsible lines letter 2008 July 9th departments sales product The reads Oracle at first lines we 20 24 as the in Edwards JD in 1d functions related to And J8 the units business Edwards product all is two offered being and of organization licensing that This Theres Oracle which to deposition Peoplesoft to is 1a are topics 11 17 narrow time to here objection Blotner as Vague witness The 16 North the cover an very organization does Objection interpose which for 30b HOUSE to deposition products organization MS And sales Anerican North The want hes to him about providing Legal 800 ask testimony Solutions 8699132 just on those BLOR RICRD HIGHLY declare the foregoing is under true and fMtt5c of ____________ 23 July CONFIDENTThL penalty correct of 2008 perjury that Subscribed California this 23 at day 2008 RICHARD BLOTNER 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 149 Merrill Legal 800 Solutions 8699132 Lg.L Mrrili FOR READING/CORRECTING INSTRUCTIONS To assist directions in you back pages to the This is Please insert the additional If it you are in necessary your deposition carefully If you on the errata possession testimony please furnish please follow the them and attach find wish to make transcript any errors or changes sheet beside the page and do of the original transcript you line numbers NOT make any changes on the transcript After the completing any of the questions your review designated Signature please line and sign return ERRATA Page YOUR DEPOSITION sheet of Do NOT change above your deposition are version final read to pages the errata of the corrections If directly corrections making below Sotuti0n8 the last page of the errata sheet the transcript to your attorney SHEET Line Change_________________________________ Reason____________________________________ Change Reason_______________________________________ Change /Reason____________________________________ the Page Line Change Reason /1 Change Reason Change Reason Change Reason Change Reason Change Reason Change Reason ________ Subject to No changes signature the above have changes certify that the transcript made certify that the transcript been is is true and correct true and correct ___ date OF REPORTER CERTIFICATE Reporter hereby foregoing deposition the truth withinentitled place therein 10 witness was 11 computer said me by and in sworn duly but the to tell the the and under before 13 review 14 If 15 provided to 16 appended that truth down at person in the in to typewriting and said by supervision of completion the of testimony and time the the reduced direction my taken was disinterested thereafter the requested transcript any the changes reporter further 17 for either or any attorney 19 deposition nor in 20 this cause and that 21 parties 25 made any way by during certify 18 22 was deposition that of the was not requested hereto of the witness nothing deposition stated That 12 by me was truth the Shorthand cause That shorthand that certify whole Certified PACINI CYNTHIA the the period allowed are am not of counsel parties to the interested am not and deponent said in the event to any of PACINI CSR No related of the thereto DATED CYNT IA 6117 or JUAN HIGHLY April 24 ATTORNEYST JONES CONFIDENTIAL 2009 EYES ONLY Page STATES UNITED NORTHERN DISTRICT DISTRICT OF FRANCISCO SAN COURT CALIFORNIA DIVISION ORACLE CORPORATION Delaware ORACLE corporation Colorado INC USA and ORACLE corporation INTERNATIONAL CORPORATION California corporation Plaintiffs vs SAP AG 07CVl658 No PJH German SAP corporation Delaware INC AMERICA corporation TOMORROWNOW Texas corporation INC and DOES 150 inclusive Defendants _____________/ Deposition JUAN of JONES Friday April 24 HIGHLY REPORTED BY ATTORNEYS CONFIDENTIAL JOHN WISSENBACH CLR CSR RMR EYES CRR Solutions 8699132 ONLY CBC 01-418986 6862 Merrill Legal 800 2009 JONES JUAN HIGHLY CONFIDENTIAL 24 April 2009 ATTORNEYS ONLY EYES 25 Page 093712 cu5tomer service the to respect O9371 Ian Plmmuer 093726 Can you piece 093728 specifically 093732 the renewal C93740 the 093746 with 093750 get renewal of involved 093754 10 directly 09375S 11 appropriate in to inc also 093803 13 customers to ensure O9307 14 the value of lot support D93810 that we in have that 16 theyre realizing that 093819 17 talking to 093827 may have 19 093831 for working those dont have that regard 093835 21 993839 22 ccnimtrnicatiors 093843 23 you 093846 24 MS HQUS-E 093849 25 THE WITNESS Merrill 800 when you is documenting those Objector You know Solutions 8699132 of ensure time they remediation proactive to issues customers with Legal be all incidents or provide to to elements spend also plans they for and to that follow offer issues In ensure talking service value on working or is receiving are plans on customers tine about customers know You the of service our base when it of they all 093915 093823 contracts so do spend for responsible with my team of support for 093O0 Im we customer our with connection function conversations in more aupport maintenance cur -across our bit in do you sales ensure Okay little me what then support 093734 tell have these there practice communications overbroad think its we JUAN HIGHLY 449 JONES CONFIDTIA1 April 24 ATTOYS 2009 EYES ONLY p.m declare foregoing is true _______________ ll\Ac.y under and of perjury that penalty correct Subscribed this California 5day the at of 2009 9gnature of twitness .10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 218 Merri.ll Legal Solutions 869-9132 800 Merrill Legal Solutions To assist you attach below the pages to Please read your transcript make insert and the the changes number line Please do not make Please do After designated Main and/or reference your Street back of the you If errata on any your deposition testimony please furnish are necessary sheet or changes errors the errata sheet the change you wish br and pages find corrections to DEPOSITION corrections to by you wish listing the page make on the face of the transcript please sign and the return the last Errata CA 94105 Floor San Francisco page of the sheets to or fax them errata Merrill to sheet above the Legal Solutions 415 357.4301 ERRATA SHEET Page to of the questions review line corrections additional and then any changes Signature 4th the br If carefully NOT change any completing and making changes the directions please follow them and in YOUR FOR READING/CORRECTING INSTRUCTIONS Line Chane Reason_______________________________________ Change Reason_______________________________________ Change Reason_______________________________________ at 135 Page Line Change Reason________________________________________ Change Reason__________________________________________ Change Reason__________________________________________ Change Reason__________________________________________ Change Reason________________________________________ Change ReasOn__________________________________________ Change Reason________________________________________ _________ Subject to No changes the above have changes been made certify that the transcript is true and correct that the transcript is true certify and correct c/ic/oi dates ature deposition truth truth in by me That said the sworn to tell taken was deposition by and place therein 10 the said 11 typewriting 12 in down disinterested person me shorthand the nothing but cause within-entitled the in duly and truth whole the was Shorthand witness the that certify Reporter hereby the Certified WISSENBACH JOHN foregoing REPORTER OF CERTIFICATE the at time supervision witness That 13 the of 14 review 15 requested 16 deponent 17 period was requested provided allowed are further 19 or 20 said 21 event 22 any attorney of of this the cause patties in and the deposition was fI not made the by the to or direction and changes reporter during the hereto that certify deposition nor was my any appended for either to of completion fIX of testimony reduced thereafter transcript the that computer under before If and 18 23 by stated and any any of way that am the not patties not to the in the related to interested am counsel of thereto DATED 24 CSR 25 No 6862 JOH/WISSENBACH 219 MICHAEL VAN BOENING HIGHLY CONFIDENTIAL 10 September ATTORNEYS 2009 EYES ONLY Page STATES UNITED NORTHERN DISTRICT DISTRICT FRANCISCO SAN OF COURT CALIFORNIA DIVISION ORACLE CORPORATION ORACLE Delaware corporation Colorado USA INC and ORACLE corporation INTERNATIONAL California CORPORATION corporation Plaintiffs No vs SAP AG SAP AMERICA German 07CVl658 PJH corporation Delaware INC TOMORROWNOW corporation Texas corporation INC DOES 150 inclusive and Defendants VIDEOTAPED DEPOSITION MICHAEL REPORTED BY 10 ATTORNEYS CONFIDENTIAL HOLLY BOENING SEPTEMBER THURSDAY HIGHLY VAN OF THUMAN CSR No 2009 EYES 6834 ONLY RMR CRR 1421903 Merrill Legal 800 Solutions 8699132 cflOn._fl fltfl. Afl..fl SA. 4.flfl.....7flfl MICHAEL HIGHLY VAN BOENING 10 September EYES ATTORNEYS CONFIDENTIAL 2009 ONLY 152 Page 124701 sign them 1Z47O3 Does Okay 124710 tar compensation 124714 mean across 124718 sales and all MR ALINDER 124721 124726 wouldrt WITNESS THE 1247i.1 if for my group MR CSlls cbjectitn for foundation lacks speculation by all license across and lines the sales support 124720 And associates sales product describe document that that to applies 124731 iP 124731 11 124733 12 13 Does 124736 14 1-24741 15 124742 16 1247 46 1-7 12474g 18 19 Okay 124752 20 124754 21- 22 Okay Would 124801 23 for license 124.005 24 124S07 25 referring to Yes 124755 sales Yes 124750 license your that as groip have support that support it selling for support all include product lines services that believe Would sales renewal group you than other Yes 124723 Me DELAHUNTY know to for include services And for the be for case associates example databases Oracle example support services Grade tujddleware structure it sales wOuldYt Okay Merrill To Legal 800 include knowledge Solutions 8699132 compensation associates wouldnt your the know its that just for Legal Solutions Merrill FOR READING/CORRECTING INSTRUCTIONS To aslst you in making and below attach the pages Please read your make1 and insort the please line do Please do After to for and/or If NOT change any and /ot find any errors the errata corrections testimony deposition please ltrnlsh sheet errata number reference and then the change make any changes your are necessary on you corrections you wish to the page or changes sheet you wish to by listing make and the reason on the face of the transcript of the questions above of the errata sheet please sign the last page your review sheets to Merrill legal Solutions the Errata line and return Signature the completing Street Floor San Rancisco CA 94105 Errata Page pgs of the the back to corrections ifaddition careftily transcript the changes not designated Main and dianges follow please YOUR DEPOSITION Line Change Reason Change Reason Change Reason or sheet fa them to 415 357.4301 at 135 Page Line Change easom____________________ _________ Reason Change Cbange___________________________________ Reasan Change Reason______________________________ Change________________________________________ Reason____________________________________________ thange________________________________________ Reason____________________________________________ Change_______________________________________ Reason_______________________________________ Subject _______ No to changes tte above have thanges certify that the transcript made certify that the transcript been true is arid corect true and correctS Reporter hereby foregoing deposition truth the cause me by tere.in under That 11 review 13 If 14 provided to 15 appended the but completion of the taken person at the the to reduced and in truth was deositio my direction before 12 testimony of t.yp.ritiflg supervision the was deposition was not requested hereto of the tell the that witess was thereafter computer to stated place by sworn disinterested the 10 the duly said that time and said in truth and nothing whol..e shorthand in by me was Shorthand witness the that certify within-entitled down Certified TRUMAN HOLLY requested transcript any the changes reporter further 16 attorney 18 deposition 19 thIs 20 parties am not of counsel to the any of any way interested in and that am not re allowed parties that.I the and deponent the period or nor cause the by during certify for either 17 made related or said in the event to any of of the thereto DATED 25 HOLLY THUMAN CSR No. 6834 CUMMINS September 16 2008 ATTORNEYS EYES CONFIDENTIAL INFORMATION RICHARD HIGHLY ONLY Page UNITED NORTHERN SAN DISTRICT STATES CALIFORNIA OF DISTRICT FRANCISCO COURT DIVISION --OOoORACLE Delaware CORPORATION INC ORACLE USA Corporation and Colorado Corporation ORACLE INTERNATIONAL CORPORATION California Corporation Plaintiffs No Vs SAP AG SAP AMERICA German EDL 07-CV-01658PJH Corporation Delaware INC INC CORPORATION TOMORROWNOW Texas Corporation and DOES 150 Inclusive Defendants ____________________________________________________/ VIDEOTAPED RULE ORACLE 30b DEPOSITION CORPORATION Designee RICHARD Tuesday September Volume HIGHLY CONFIDENTIAL Reported By Job 412495 CUMMINS 16 ARLEN Merrill Legal 800 2008 255 Pages ATTORNEYS INFORMATION WENDY OF CSR 4355 CRR Solutions 8699132 EYES RMR ONLY HIGHLY 2008 ONLY EYES ATTORNEYS INFOATION CONFIDENTIAL 16 September CUL4NINS RICHARD 21 Page MR hasnt since MODONELL in changed What responsibilities responsibilities Esurin 1.0 11 in my And 12 how 15 looking Give 17 The do renew support that custothers blur are that do you details the me htt do you want process or what are process of the general me you contacted regarding 19 time frame 20 that we 21 their contract 22 contracts 23 those We work then and if questions cc customers for their renewal purchase get please outline outline is that general IS 25 of for 16 with order the before the upcoming customer the are ensure to date start there are services on any questions about the we of answer questions Do 24 base renewals whole the through go your base your director we support There7 14 are about changed AmErica that for space talk senior as fot Notth renewals O9t5 lets Then Okay 0936 about mistaken responsibilities havent My base 0936 job your that 0935 O53 Am Oracle at said you your responsibilities of terms been youve thought deal you directly with customers in your job Merrill Legal 800 Solutions 8699132 ..e.VtQeC_ n-A 4C a- CUMMINS RICHARD MR break for MCDONELL the 16 September CONFIDENTIAL See day Im Counsel to then Thank you going week next you 2008 sir This VIDEOGRAPHER 1701 videotape number Cummins Going four off the in the the marks end deposition record the time of of Richard is 502 -o0o-the Whereupon 502 deposition was adjourned at p.m 10 11 declare 12 13 14 15 the foregoing under iue and .Calia penalty of perjury correct this Subscribed /Sday that at of __ 2008 Signature 19 of Witness 20 21 22 23 24 25 253 Merrill Legal 800 Solutions 8699132 Errata Sheet Deposition of Rick Cummins Page Line 21-22 Change Reason Change 41 16 2008 September Juans manager to responsibility Juan is responsible is service delivery for service Clarification delivery managers 14 124 Change No havent havent talked to talked hundreds to customers of customers to No Clarification about TomorrowNow Change less 151 to more Change welcome 176 Change Hutton 207 Change McGee Change were Change or doesnt Change IP 174 23 22 219 232 14 245 Subject to the above changes Signre/2 7267826 to to to Correction Oracle Correction Hunt Correction Murquia Correction new to renew to Ierfky to does or Correction doesnt Correction IT that Correction the transcript is true and correct // te CERTIFICATE was deposition whole the truth within-entitled That said and therein deposition was stated and 11 computer under my direction the of 13 review 14 requested 15 deponent 16 period and for down the in the the of not made the deposition nor in 20 this and that 21 parties any way am by that of the am not parties of counsel to the said of interested in the event related to any of not thereto cic DATED 2008 23 24 WENDY the hereto certify any by deposition was was appended or the supervision reporter during either of typewriting to the are time testimony to 19 25 the in the at changes attorney 22 taken any 18 cause truth the requested further 17 but that before completion provided allowed tell was and transcript If to reduced thereafter said That sworn duly nothing 10 12 the disinterested person me by witness and in cause shorthand place me by Shorthand witness the certify that Reporter hereby truth Certified ARLEN WENDY foregoing REPORTER OF AREN CSR No 4355 the or DUGGAN PAUL HIGHLY 2009 August EYES ATTORNEYS CON Fl DENT IAL ONLY Page IN THE UNITED DISTRICT STATES DISTRICT NORTHERN OF FRANCISCO SAN COURT CALIFORNIA DIVISION --oOo ORACLE CORPORATION Delaware ORACLE corporation Colorado INC USA and ORACLE corporation INTERNATIONAL CORPORATION California corporation Plaintiffs 07CV-1658 vs SAP AG SAP AMERICA German PJH corporation Delaware INC TOMORROWNOW corporation Texas corporation INC DOES 150 inclusive and Defendants VIDEOTAPED DEPOSITION REPORTED BY ATTORNEYS CONFIDENTIAL SARAH Merrill LUCIA BRANN Legal 800 PAUL DUGGAN 2009 August HIGHLY OF CSR EYES 3887 ONLY 421893 Solutions 8699132 snajan a.J0 AASfl LS aIAza..aeeae DUGGAN PAUL HIGHLY 2009 August EYES ATTORNEYS CONFIDENTIAL ONLY 23 Page 094905 Can 094906 methodology MR ALINDER Objectich 094915 THE WITNESS Can 094916 MR DELAHCJNT 094901 0913 ih forecasts those of creating one the describe you Vaue ambiguous 04920 arid 0949 these service support 094929 10 forecasting .094938 11 percentage 094945 use to close the in track our and date OKS create track like1ihod system of one which the terms in the is renewals support managers to refer you the do representatives will The 094B34 How representatives that forecasts that clarify you system there 094947 13 typically verbal conversations 094-950 14 the and the directors 095003 15 those in our 095004 16 do those 095006 17 responsible 095009 in forecasts 095012 19 20 are sale 095014 we standard reporting 095019 managers numbers Flow for The forecasts cases the C9021 22 with that 095025 23 from quotation 095031 24 to manager customer to and record Is Merrill Legal 800 would of in be tracking the of Solutions 8699132 of the closing and constant sales with the those and are purchase order created rollup representative communications eventually getting on reps creating or likelihood sales support based the individuals who determine the soMe 25 those between of in contact cycle customer PAUL HIGHLY 113457 DUGGAN EYES ATTORNEYS Whereupon concluded 113457 2009 August CONPIDENTI2%L the at deposition ONLY was a.m 1124 cOo 113457 declare 113457 under foregoing is true and 113457 113457 5Pri of CO frUGrUS penalty correct of perjury Subscribed California 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 Sokdious MrriU To assist please them and Please make you follow in making changes the pages read your transcript insert and the line the changes do not make Please do NOT change completing any Street 4th any of your review designated Signature Main changes line Floor San you find testimony your deposition are necessary any please furnish br corrections you wish or changes errors sheet by errata then the change you and DEPOSITION sheet on the corrections wish to on the face listing to the page make the transcript of the questions please sign and return the last page of the errata the Errata sheets to Frandsco CA 94105 or ERRATA Page to pages of the errata If carefully and/or corrections additional If the back number reference and Please After to br and below the directions attach YOUR FOR READING/CORRECTING INSTRUCTIONS fax them Merrill to sheet above the Legal 415 Solutions at 135 357.4301 SHEET Line Change Reason N1-2J.E-1 .C-t-- 1Th .s-17Z IN Ar iaS change Reason_______________________________________ changeU Reason tSr 2.C/03 54- ag Page Une Lk change -f po Reason ELI Reason rS rF Change 1ThPo Change Reason Change Reason Change Reason Change Reason Change Reason Subject to the above ________ No changes signature have changes been made certify that the transcript is true and correct certify that the transcript is true and correct date OF REPORTER CERTIFICATE LUCIA SARAH hereby foregoing deposition whole the truth said That place me by 10 witness was 11 computer and the tell the truth in the time and the said the before 13 review reduced 14 If 15 provided to 16 appended in down at person the the testimony to of typewriting and by supervision of completion deposition the was any the changes that or any of for either attorney 19 deposition nor in 20 this and that 21 parties any by during certify 18 cause made reporter further 17 was requested not hereto requested transcript taken was that direction my That of but nothing the to sworn duly disinterested thereafter under 12 and rue deposition stated therein by in witness cause within-entitled shorthand was truth the that certify Reporter Shorthand Certified BRANN way the the the period allowed are am not of counsel parties to the interested am not and deponent related said event in the to any of of the thereto DATED c9A 3Z0O 24 25 SARAH LUCIA BRANN CSR No 3887 or

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