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 28

A-4089

From

Jeff

Friday

To

Safra

Cc

Larry

Ellison

Re

PM

Cajz

Subject

with

ftgree

of

[e-mail]

Horiley

Sent

their

strong

scripted

think

there

talked

lot

SAP

to

platform

they
to

upgrade
Thiswill

Safra Catz

dont

Risk

from

point but they

to

Juergsnfl

are

amtennce

their

aggressively

offer

confusion

their

of Peoplesoft

think

or

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that

message

us

gave

ll

Oracle-

also

JOE

and

give

ume

for

customers

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them we

show

to

many

to

new

we

can

give

do

WLII

evaluate

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as

as

to

assumed

we

what

like

it

we

our

field

confusion

tell

we

moves

is

need

part

people

there

would

them

but say

say before
as

message

SAP we

with

compete

some SAP customers

convinces
always

Their

wbeie

deaLs

number of years out

that

them time

out there

working
for

thinic

may be some losses eventually where SAP
SAP rather than upgradiag
but our model

to

pudding

this

tesponse

Peoplesoft
to

to

with

along

120

2005

FW

you up

pitch

25

March

some attntron

the

to

stay

proof

Ui

is

whethei

deciding

they plan

oru

switch

to

be

on

their

to

Eve

the
switch

to

current

along

wrote

we have

believe

lost

any

becajjse

customos

large

this

of

wa

If

lost

we

lost

to

SAP

other

for

reasons

Messge-

Originbl

From

Jeff

Sent

To

Fri

[e-mail]
25 2005 314 PM

Henley
March

CatzSaffa

LW

Subject

At

Iron

Risk

Juergen

fd

Original

Message

Subject FW
DateFzi

At Risk

from Juergen

Mar2005 134423

25

1romElizabeth
OrganizationOracle

-0800

[e-mail]

Baker

Corporation

[e-mail]

ToHenleyJeffrey

FW
Original

Message
At Risk

SubjectFW
DateFri

FromAndy

from

Mar2005

25

Juergen

133258

Aflbritten

Reply-Toandyaibfitten@araclecan
Organization

-0800

[e-mail]
candv.allbfltten@oraclecom

Oracle

ToROTTLER JUERGEN
CClThillips

Charles

CBA RLE

rIth1T

SkPWL JJPS@otaclcconi
Baker

[e-mail]
[e-mail]

Confidential

Block

Keith

Elizabeth

CITh4MINS

PETRAGLIA

RICK

JAMES

Information

0RCL00744446
uNiTED

STATES

NORThERN

DiS1ICT

DiSThICT

OF

No

4O1-cv-0i658

DEFENDANT

Exhibit

Cn2c

Date

Admiitcd2

COURT

CALWOBUA
PJILtDL

No A4089

_____________________

By ________________________
Nicole

Heuerman

DpuIy

Clerk

oracle.corn

jiimpetragiia@

Juergeri

This

foow-up to the email trail yesterday We have confirmed
that
was not accounts that TomorrowNow
had entered but was
that
had both
Psft and
an SAP footprint
hence his concern

is

Elizabeth
accounts

We

have

detailed

the

Despite

yesterday

that

to

at

The two main

on

getting

Psft

to

now we

couple

of

Up

some

of

commitment

We

to
to

an

firm

in

the
in

answer

real

more and
use

to

only

believe

for

PsftIJDE

this

is

for

for

on plan with the Customer

meeting

yesterday

to

form

address the threat

at

larger

roadmap

product

to

quell

today

to

Retention

to

offering

customer

us

team

Im

charge

12%-50%

between

of

our price

to
to

customers
migrate

and

stakeholder

groups

to

with

tactics

exchange

in

that

make

Fusion

to

need as you

still

the future

only

lost

fee

support

Program
about

concerns

from

that

support

no additional

discounted

offer

Marketing

customers

SWAT

3rd party

Every

against

seen

have

This offer will allow us to offer an incentive
prepayment
us We need folks to stay the course and be available

detailed

negotiations

in

to

are continuing

his

Charles question

to

more renewals

Oracles no discounting
of support
policy and
we will need to response to SAPs aggressive

Im sending you our proposal

aware

of

info

apps

what we

from

migration

following

hut

Elizabeth

customers

SAP

an AE

use are

thanks

support

tied

customers

own

our

details

on by

forwarded

list

from

list

account

18

held

have

large

3-5 year

for

offers

currently not

is

each

pays 17i support fees now SAP
months through
TomorrowNow

and
for

apps

additional

TomorrowNow

of

if

we have seen TN/SAP

existing

This

gel

below

may have missed the mark
TomorrowNow/SAP
seeing
from TomorrowNow
quote

buys MySAP

customers
working

are

tactics

customer

If

list

we
least

the email

in

this

that

is

incented

is

fact

the status

the

We

help

held the

are

first

Support Sales

customers

Rgds
Andy

Message

Original

From
Sent

To

Rick

Cummins

Friday

March

ALLBRI1TEN

Subject
Jim

and

As we
based

[e-mail]

814 AM

25 2005

GEORGE

PETRAGLIA

JAMES

from Juergen

At Risk

Andy

suspected
on an AE

many

of

these

are not currently

legitimate

concerns

but

made

may have

list

concern

potential

Rick

Nationwide

John Canonaco

information

They

them an

invite

Guidant

made
Lockheed

Irifrwmtkr

to

Rachet

She

is

are not
the

has been

Again

spoke to the AE yesterday and think scared him based on this
an imminent threat
In fact
Keith Block was just out there
gave
and there are llcense opportunities being pursued

of

CQ summit

awaiting

Martin

even
aware

on

working

metrics

not

th

information

sure

if

its

the

renewal with the c.ustome
from

them

Lockheed

for their

for

the

and no

upcoming

West

region

tfreats

ve

been

June renewals

renewals

or the

Southeast

PI

flfl744447

but Michael has dealt with them We know they are
pose the dilemma
perhaps for product drops of last year in terms of upcoming activity
again
imminent tireat
that

talked

Coming.....
is

to

customer

Steve Herman did

9/30/2005

but currently

dissatisfaction

CR

Bard

to

is

from

looking

Equitable

have

TN No

104 .090

returned

Mark

1983.276.12

next

Life

from vacation

for

renewal

Equitable

AE Bob White

their

FN

on

Approx

12/14/04

amount

They
to

bill

is

not

website

heard

an

Next renewal date

renewed

opportunities

$205K No mention

JJ

demand

escalate

not contacted

$22M

Mtn

Ed Hardesty has confirmed that
have contacted
view them as having
insufficient
Global Scale to provide

Forsyth

dissatisfaction

Lomb
to

Total

TNs

on

TN as

totaling

of

of

part

support

due

their

No

customer

$907

Phillip

regards

Bausch

for

$Z 144859.150

.....

diligence

/n

with cust

spoke

$75K Next renewal date is 9.728/05
TomorrowNow
Norma renewal

TN

of

have

few renewals

last

Water Resources

United

No mention

6/2004

listed

from

Customer

is

CR

that

considering

arbitrary reduction

to

May 27 2005

for

is for

Life

has confirmed

Bard

have

not contacted

regarding

all

this

SAP

so clearly looking

at

TN

Client

Andy
$481140.00

and

renewal or expansion

they

to

date

will

due

Bob requested again 3123 to hold off on contacting them
next week
Bob did not indicate
threat of TornorrowNow..

past that SAP was all over them however Equitable
Bob also mentioned during our discussion that Equitable
the

him at

customer

owe expansion
to
until

the request
Vinny

of

Mackey

he did mention

in

maintained the PeopleSoft Applications

had

all

intentions

of

paying

their

expansion

foes etc

Rick

Cummins

Director

North

America

Support Services

Oracle

One Technology
Denver

CO

Way

00237

303-334-4795

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