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 4 Foundation A-0367 for Trial Exhibit Defendants 0RCL00034304-05 Vice President Jones Video discussing Jones identifying Jones Blotner SVI-108747v1 played Oracles as and describing his support sales 23 2008 July runs support Foundational Support chart identifying Juan Jones as Senior Oracle North America Support at Trial at Trial at 11/15/10 9618-22-9713 admitted previously 11/15/10 at Senior Vice President at 203-6 identifying and Trial 2410-18 253-20 Customer Services 43 7-10 North America job responsibilities Apr 24 2009 Depo Tr 2912-17 Oracles Jones played A-0367 which was Depo Tr as Jones organizational Customer Services Depo Tr as exhibit Video Support for Oracle A-0367 renewal function indicating from that at least Depo Tr 987-993 Rule for North America Jones 2005 30b6 to had responsibility for 2009 testimony stating that Juan Page Chart Organization ORACLES Aria Search People Executhe Vice Pr ideot Directs Senior Directs QriLMadMn VP$pppgflewal NL Ameriaa Mew Mfl Confidential nformaton Attorneys Customer Tetal 13565 Eyes Services President Total 367 Assistant Yam Sr iltoirn Director hjnsica Business OperaOons ____H_ ___ h-ighIy Vice Oracle Executhje TotaLl5Z Totat2Il 19 rhtwl P.m lanfhimmr Sales of Only 0RCL00334304 ORACLE of Page Chart Organl2ation Aria People Search Preit Total DIrects 387 ns Men VP Support Sales Renffival Amedea Ofrects S%wport 211 fljgniog Rataa Director Total Sies Sr Dic S.n Sales Direclor EatDuuan Suoooql SaI Mdr Sr KathStthth Djec roofl Saes Subtlcense ToIa total 29 N5bt o$ct Su Coordiiot ppoct DlrecQr swrSIps Conædential Information Attorneys Eyes 29 nat ratal Only Total sLQkcscL$nnQaaIes FlJbJitQLQnDa Sales rol Highly 32 SkaIeSc rott 43 0RCL00034305 Jones DA PC on 2520 Juan Jones that Does 438 439 renewed Link 36711 have believe Juan Jones Mr marked 9620 copy 9621 Cummins 9622 moment Jones Juan Deposition email Can you recant 37 approval proposal was renewal fee what you Rick take 004310 000259 that 977 receive 978 ssooooa for would that with from was positioning customer and only pieces the the the support reduction And lee this the be to be an for Essentially would have not rights to and upgrades updates you reftjsed approve to proposal that correct 9710 97 request Depot million break/fix 0-And 979 was asking Arid would it the for Home For had been 976 document document This exception 975 That II Yes correct is 9712 Do 9713 Yes do 9714 At top 97 15 is 9718 fl 9720 97 23 9724 It SAP Do to mean you time was it Yes Juan first is of page clear Home that Depot you see to to that you And next in year So Do Yes 981 cLear fact sentence at that that point Home Depot was SAP software was that that by clear ny understanding 000157 2009-04-24 9725 962 you wrote 367 transitioning 9721 9722 the of portion committed Did 19 Jones the ransaction this Yes.ldo 9717 97 recall you Exhibit 9716 229.39PM and Would please this identify 974 11115/2010 Madsen 2006 000122 973 Prntea Chris to contains please Yes 971 9722-992 wtiicb Okay 9625 1.6 over it been 367 2009-04-24 3624 367 you 004327 000242 you whars August 29 look to you by Exhibit from dated berng yes is showing rn an of thats 000017 as 9623 Link approved get answer Jones 9619 -9721 existing 004354 thaCs contract 2009-04-24 9618 9623 the to the decision pricOg every from exception 4310 000215 000027 does an FINAL issues 2009-04-24 437 9618-9622 have dont they you go on to say 000421 the in you considered Uiat 00.4148 very them loss last you see that do by to that were you oven you in the saying prior that year it 437-4310 ensure 11-14 was that Home Depot Page o122 Jones Jones DA PC on 11-14 DA PC on 11-14 FINAL FINAL -- Scene Designation 203 -206 Source Jones Tx Durabon Juan Wat 203 20.4 205 21 Today Juan 25 my That How Mr 22-3 Juan reported you your Oksy A- My 2418 sure Juan lead to and more the you he also lead to also what ensure renewal of 259 25 get involved in for 25-12 also 2513 the 2515 that value of theyre talking 25-18 may 25 for in realizing to have those lot our that customers wothing or working of that support we have 004501 with base with contracts You know customers when it is do so ensure to .D6 for maintenance team my connection in customer to spend customers 2514 of me 0001 responsible rn conversations support appropriate makes function support our small success more you do sales are well bit we-- our without--across in have for services Those customer going lttle team sales 000107 me tell 004541 today2 customer America North for are the Functions are then directly 000028 detail renewal support support renewal Okay maybe responsibilities acquisition things specifically 255 1111512010 tie does those 254 19 ob team that Can 256 to reported responsibiities 2009-04-24 253 25-17 you years little job predominantly my group 16 004558 Rather half in current management 2417 25 and me America 16 have Juergen current North 14 11 00-0011 000040 are 25 support Juergen to directly long four tell today 10 Merica North 2009-04-24 what 24-15 Printed report to 24 26 vice services how -- 2413 26-7 senior is correct is Can 11 Jones 004609 title 000017 approximately 2410 253-2520 title you long Ive 225 24 000000 job Rottrer 224 2412 your is RoWer 222 24 job customer So today 221 Jones precisely 2009-04-24 24 21 241O2418 what president Jones Remains today A- 206 2124-225 Elapsed 000011 2009-04-24 all time service the about on recefving service and offer value on are they of plans to to of all elements ensure spend also issues plans to talking me or incidents provide be they remediation proactive to 22939PM Page lot 22 Jones DA PC on Jones DA PC on Scaa 11-14 Designation 203 -206 Source Jones Ix DuraUon Juan what precisely my Today 206 president Jones Juan job title So services Noah 221 That America 000017 support 000011 004558 Rottler 22 Mr No correct is --how long reported Juan Can you what 2412 and me tell in current your Okay My North Anienca 2415 management 2416 predominantly my 24 group Jones Juan 255 Can you the eil 75a with 259 get 2510 directly 2511 appropriate renewal of involved in in customer for customers 2514 the value that 2516 theyre of support may in realizing to have those our that customers working or waiting of time of it talking are the know is about and also issues plans plans to to to receving service offer value on contracts You customers when they service on with so thar all base with my team lot ensure we have talking for spend to 004501 for maintenance conversatons do 000108 connection in customer to D7 responsible Fri of makes ftjnction support me success more bit sales our are small well you do we our for services Those have also going little team sales America North what support also 2513 2515 me across our 25 2519 are ensure the today customer the functions renewal support 257 2518 lead to auisition then Okay are 0001 specifically 256 251 for things detail support renewal alsu 2009-04-24 5-3 254 the and does that those 004541 ob responsibties team lead to 000028 responsibilities current 2414 more lithe job are sure maybe years haIl 000040 today 17 to reported Rower Juergen to 24 2418 you 2009-04-24 2410 2411 have long four appraximately Jones Juergen to directly RottLer 22.4 225 report you today How 22.2 5/2010 vice 2009-04-24 21.25 ti/I senior is customer 2124 printed 004609 title today 20.5 253 -2520 000000 your ob is Remains Elapsed 000011 2009-04-24 what 20.4 2410-2418 FINAL FINAL 20.3 2124-225 11-14 of all elements ensure spend time or incidents provide they remeaiation be proadive to 2.29 Page 0122 Jones DA PC on 2520 437-4310 ensure Juan Jones that Does 4aM renewed 4310 Link Jones have as copy 9621 Cummins 96.22 moment Jones Juan an of look to Can you 9625 record 971 Yes 97-2 excepflon 973 proposal 974 renewal what receive updates g79 And 97 10 had pieces be the the the from was positioning customer would have not the support reduction and only an rights to upgrades refined you lee this be to And million for Essentially $600000 would that with and Depot for been breakfix Do hat approve to proposal you 0-At 9715 is 16 recall transaction2 this do the Exhibit 97 Yes correct is Yes 9713 top you wrote committed Did to first is SAP Do of page clear Home that Depot you see that A.YesIdo 9718 the of portion 367 9717 you mean 9719 in 97 transitioning to Yes was 20 9721 Jones 97 22 97.23 9724 Juan was time that by clear that that you SAP And next year fact in sentence Do at that that point Home Depot was software my understanding 000157 200904-24 you go on to say you considered that 000421 the in 0041.48 very them loss last you see that 9725 Yesldo 981 So 962 SSPM 004310 the request Hone for And would That 2g Rick take correct2 9712 1lII52OW you 000259 for was asking fee that it document document was 97-8 Pnnled and Would please this identify approval 97 9722.992 2006 000122 This 97-6 9714 over it Madsen Chris to 29 pease 97 1.6 you contains Okay 9624 MGi from email dated August been which 367 004327 000242 you whats Exhibit 2009-04-24 9623 Link yes Im showing Deposition being you by approved get answers thats 000017 Mr Jones marked 9620 9623-9121 to the 004354 thats conflot exLstlng 2009-04-24 Juan 9619 the 000215 decision pdcing every from believe 9618 A367 does FINAL issues 000027 an eKption 439 -9622 have 2009-04-24 43-7 9618 dont they 11-14 clear by to that were you even you in the saying prior that year it was that Home Depot Page2 22 April 24 ATTORNEYST JUAN JONES HIGHLY CONFIDENTIAL 2009 EYES ONLY Page1 UNITED STATES NORTHERN DISTRICT DISTRICT SAN OF COURT CALIFORNIA DIVISION FRANCISCO ---oOo-ORACLE CORPORATION Delaware corporation USA INC ORACLE Colorado and ORACLE corporation INTERNATIONAL CORPORATION California corporation Plaintiffs No vs SAP AG D7CV1658 PJH German SAP corporation Delaware INC AMERICA corporation TOMORROWNOW Texas corporation INC and DOES 15D inclusive Defendants ________________________/ of Deposition JUAN JONES Friday HIGHLY REPORTED BY April CONFIDENTIAL JOHN WISSENBACH CLR CSR Merrill 2009 ATTORNEYS RNR EYES CRR ONLY CBC 01418986 6862 Legal 800 24 Solutions 8699132 a6971f9d439246428f2497791 aa3377d HIGHLY 24 2009 ATTORNEYS EYES JONES JUAN April CONFIDENTIAL ONLY 29 Page D94220 How 094223 have long had you for responsibility team that 0942 Thar 094232 the 094238 would fiscal past believe team within been formed maybe around year team are so year has say 391238 As 091241 for 094240 acquisition the evaluating 094250 of part that responsible you slash Peoplesoft Edwards 3D results As of part that it relates 094252 10 results 094300 11 12 094307 13 094314 14 094318 15 094318 16 So 094323 17 Somewhere look we at those metrics .4301 team as yes how For for the renewal support would years back Can 19 the 094332 20 about 094335 21 094343 22 094351 23 094103 24 094410 25 support had responsibility for for say function sales four approximately now 094325 094328 the you have long services to you think or Do decisions you in around place it something have It with respect to like sounds think Legal maybe was it with six months that like responsibility connection 800 yes time iii right MS HOUSE Merrill there time same thereafter 2005 approximately acquisition PeopleSoft that to for support Objection pricing renewal sales vague Solutions 8699132 aBgllf9d.13924642-6f24-9791 -- aa3377d April 24 ATTORNEYS JONES JUMI CONFIDENTIAL HIGHLY 449 2009 EYES ONLY p.m ----oOodeclare foregoing is ______________ true under and of penalty Subscribed correct California perjury that this the at Lday of 2009 A1kc....y Znature of twitness 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 218 Merrill Legal Solutions 800 8699132 Mt Legal Solutions ill To assist them and attach Please read make insert and the number do not Please do pages change for corrections and/or any any corrections on the then the br and please furnish change corrections errors or errata you on changes sheet by wish to the you listing wish to the page make face of the transcript questions sheet above of the errata sign the last page your review please Solutions Merrill sheets to Legal Signature line and return the Errata the completing designated Street 4th Floor San CA 94105 Francisco ERRATA Page testimony your deposition errata find and of the the you If carefully reference of to DEPOSITION pages are necessary sheet additional If the back make any changes NOT Main below to the changes Please After directions your transcript line and changes the the follow please making in you YOUR FOR READING/CORRECTING INSTRUCTIONS or fax them to 415 357.4301 SHEET Line Change 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 ature the above have changes been made certify that the transcript certify that the transcript is is true and correct true and correct date hereby foregoing deposition truth in was whole the by That the duly sworn me to tell said deposition byrne and place therein 10 the said 11 typewriting 12 taken person at in down was disinterested shorthand the but nothing cause within-entitled the in and truth Shorthand witness the that certify Reporter truth Cert fled WISSENBACH JOhN Lhe REPORTER OF CERTIFICATE time the supervision witness That 13 14 review 15 requested 16 deponent 17 period of the arid was or 20 said 21 event 22 any attorney completion of the provided of of this the cause parties or in reporter the by the during hereto that any any and not made the to certify either was changes appended nor and deposition any are deposition to direction requested for reduced was oC testimony my further 19 the under transcript allowed that thereafter computer before If 18 23 by and stated of way that am the not parties interested am counsel of not to in related the the to thereto DATED 24 25 JOHN WISSENBACH CSR No 6862 219 BLOTNER RICHARD July CONFIDENTIAL HIGHLY UNITED NORTHERN SAN STATES OF 2008 COURT DISTRICT DISTRICT 23 CALIFORNIA DIVISION FRANCISCO --oOo ORACLE CORPORATION corporation Colorado INC ORACLE Delaware USA ORACLE and corporation INTERNATIONAL CORPORATION California corporation Plaintiffs No vs SAP AG SAP AI4ERICA 07-CV-1658PJH German corporation INC Delaware TOMORROWNOW Texas corporation 1-50 inclusive corporation INC DOES and Defendants DEPOSITION RICHARD Wednesday CONTAINS REPORTED DY HIGHLY CYNTHIA OF BLOTNER July 23 2008 CONFIDENTIAL PACINI CSR MATERIAL 6117 RMR CRR 01411414 Merrill Legal 800 Solutions 8699132 fa6333c2.5247-4156-8fef.c02a2d623366 RICHARD BLOTNER 23 July 2008 CONFIDENTIAL HIGHLY 98 Page them wont ask group went going through his So group doesnt it so keeps him about questions anyway Technology Screvens any matter 262 through 266 then actually 34266 Okay charles 11 the 12 Catzs Shes for Phillips next OFO 14 And to reports 34268 pages Various internal him 69 nonsales So And Safra related support organizations 15 corporate reports direct they are organization our two our of part example next page also is Larry Ellisons organization 10 this 267 And Phillips who 17 sales then is our globally for And then Charles have manages all the Oracle Okay 19 we president and organizations 18 34270 on 20 Jones 21 So 22 earlier 23 Oracle support 24 North America and 25 labeled Latin report guess is the 271 this Juergen is official our before the America we Jones was runs other individuals EMEA and Juan talked about services Juan Merrill Legal 800 that and organization support title customer Oracle Rottler dont saying for support who are know if Solutions 8699132 1a6333c2424741 5G.Sfef.c02a2d623366 BLOTNER July 23 HIGHLY CONFIDENTIAL RICHARD 2008 99 Page theres the one here on renewals support Asia for Pacific not or But to organization reports Juan Jones For America For he North North America have might global to 10 Edwards Jones Screven next have page 275 is all They 17 following 18 works Ed Let 21 page 22 Is There as that more Wookey me just titles salesrelated Charles in is stop of of Doris first of people relating has 6211 the Wong who 278 further you The And he page breakout 277 Rozwat see the on technology development can you fit number are with As is and the applications didnt Atbo hit we with out 276 page 34276 274 Abbo Ed ZO back goes discussed John 34273 organization organization for page Oracle we next The already and of people all at listed on to product is this that strategy function No What Z5 we out development 23 who Then 12 15 yeah developmentoriented transition fact Jones Juan in renewals support Juan have Might These kind of function are in the Merrill Legal 800 development organization Solutions 8699132 fa6333c2-524741 5641e1.c02a2d623366 RICHARD BLOTNER HIGHLY declare the foregoing is under true July 2008 and penalty of perjury that correct Subscribed at California of 23 CONFIDENTTh1L this3 day 2008 /// RICHARD BLOTNER 10 11 22 13 14 15 16 17 18 19 20 21 22 23 24 25 149 Merrill Legal Solutions 800 8699132 Merrill Legal Solutions INSTRUCTIONS To assist pages makIng corrections to your additional are below If back to the This is Please insert in you directions the pages read it the corrections of your deposition carefully If you on the errata you are in possession on the transcript Do NOT change After completing above the designated necessary version find sheet of the If directly deposition testimony please furnish please follow them and the attach sheet of the errata final YOUR DEPOSITION FOR READING/CORRECTING transcript any errors or changes you wish beside original the page transcript and line do NOT to make numbers make any changes any of the questions your review please Signature line and sign the return the last page transcript of the to errata sheet your attorney ERRATA SHEET Page Line Change_______________________________________ Reason_________________________________________ Change__________________________________ Reason_____________________________________ Change__________________________________ Reason the Page Une Change_________________________________________ Reason Change Reason___________________________________________ Change Reason /1 Change // Reason Change Reason Change Reason_______________________________________ Change Reason_________________________________________ the above changes certify that the transcript is true and correct No changes have been made certify that the transcript is true and correct Subject signature to date CERTIFICATE CYNTHIA Reporter whole within-entitled That shorthand was 10 witness 11 computer was said me by and Shorthand witness in the duly sworn to tell the but nothing deposition thereafter before review 14 If 15 provided to 16 appended and that the the truth in the in down taken person at the the testimony to reduced direction my 13 was disinterested stated That Certified cause under 12 truth me by therein place that hereby certify the REPORTER PACINI foregoing deposition truth OF typewriting and completion time of the and said by supervision of the deposition hereto of the requested for iB attorney 19 deposition 20 this 21 parties 25 any the cause JJ changes reporter further 17 22 transcript was made by or nor in and that any any way am the during the certify that either was of the am requested and deponent period allowed are or not of counsel parties to the interested not not said in the event related to any of CSR No of the thereto DATED CYNT IA PACINI 6117

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