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 6

Foundation
A-5042

for

Defendants

0RCL000343

16 Oracle

0RCL000343
regional

organizational

of support

manager

regional

Trial Exhibit A-5042

18 Oracle

chart

identifying Robert

Lachs

as

Oracle

senior

chart

identifying Robert

Lachs

as

Oracle

senior

sales

organizational

of support

manager

Foundational Support

sales

and Barbara Allario

renewal/sales

services

as

representative

ORCL000342I

Oracle

Applications

Resp

Plaintiffs

identifying

organizational

Objs

to

Lachs

Robert

support

sales

as

Oracle

sales

98

Defs

in

for

manager

at

24425-2451

at

8222-838

5th Set of Interrogatories

Stora

Enso

identifying

Barbara

Allario as

representative

Cummins Sept 16 2008 Depo Tr
identifying Robert

Lachs

as

an Oracle

regional

8513-14

renewal/sales

Rule

30b6

testimony

manager

Cummins Sept 16 2008 Depo Tr 345-25 Rule
support

Zeman

identifying Derek

No

Interrogatory

as

Cummins Apr 21 2009 Depo Tr
support

chart

Sales Reprsentative

30b6

testimony

representatives report to regional managers

indicating

that

and associated job

responsibilities

Duggan Aug
responsibilities

Duggan Aug
support

SVI-1 08747v1

sales

2009

Depo Tr 2123-2225 Rule

of supports

2009

Depo Tr

30b6

representatives and

sales

2316-24

representatives with

regard

Rule
to

testimony

describing the job

managers

30b6

testimony

communications

with

identifying duties
Oracle

customers

of

Chart

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ORACLE

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0RCL00034218

BThIGHAM McCUTCHEN LLP
DONN PICKETT SBN 72257

HOWARD SBN 157468
GEOFFREY
HOLLY
HOUSE SBN 136045
ALINDER SBN 209009
ZACHARY
BREE

HANN SBN

Three

Embarcadero

215695
Center

CA 94111-4067
415 393-2000
415 393-2286

San Francisco
Telephone
Facsimile

donn.pickettbingham.com
[e-mail]
[e-mail]
zachary.alinderbingham.com
[e-mail]

DORIAN DALEY SBN
10

500

12

M/S

Oracle Parkway

Redwood
11

129049

SBN

JENNIFER GLOSS

154227
5op7

CA 94070
650 506-4846
650 506-7114

City

Telephone
Facsimile

[e-mail]
[e-mail]

13

Attorneys
14

for

Oracle

USA

Oracle

EMEA

Plaintiffs

Inc

Oracle

Limited

International

and

Siebel

Corporation
Inc

Systems

15

16

UNITED

17

STATES DISTRICT

NORTHERN

18

DISTRICT

OAKLAND

COURT

OF CALIFORNIA
DIVISION

19

20

ORACLE USA iNC eta

21

CASE

07-CV-01658

PJH

EDL

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

Plaintiffs

22

SAP

NO

AG eta

23
Defendants

TO

24

25

26

27

____________________________

CONTAINS HIGHLY
CONFIDENTIAL INFORMATION
DESIGNATED PURSUANT TO
PROTECTIVE ORDER

28
07-C V.01658

PLAINTIFFS

SUPPLEMENTAL
DEFENDANTS

RESPONSES
FIFTH

AND

OBJECTIONS

TO INTERROGATORY

SET OF INTERROGATORIES SIEBEL

PJH

NO.98

EDL
IN

PROPOUNDING

PARTY

Defendants

RESPONDING PARTY
SET

NO

Five

Pursuant

Oracle International

Oracle
Set

Plaintiffs

their

supplement

between

and

response

with respect

EMEA

Limited and

Plaintiffs

Siebel

Siebel

software

Oracle

USA

Inc

Systems

No

to Interrogatory

objections

Oracles

to

33

of Civil Procedure

Oracle

Corporation

of Interrogatories

11 2009

Rule

to Federal

Inc

collectively

98 of Defendants

Fifth

product line pursuant

to the

each

June

specific

the parties

GENERAL

OBJECTIONS

The following General

10

11

Response

12

these

13

are incorporated

Objections

into

of such objections

below

if

as

General Objections

14

in

specific

Oracles

15

shall

16

admissibility

17

or

preserve

trial

in

it

Oracle objects

19

Oracle to respond

20

Federal

21

Interrogatories

in

the

competence
and

Responses

to the Interrogatories

any manner that exceeds

of Civil Procedure

to

and

the extent

22

or

any

in the

Oracle objects

23

information

24

limitation information

25

the Interrogatories

26

required

that

is

not within

that

is

Oracles

in the

based only on

the Federal

27

shall

all

or

any part of

waiver or relinquishment

be without

prejudice

to and

relevance matenahty

their subject

matter

at

or

any hearing

action

18

Rules

to the

failure to repeat

not constitute

shall

any Interrogatory

may have

of any of the Interrogatories

this

by

to

Any

Response

Response

answers

that

any objections

each

in

fully repeated

Rules

other

manner

to

each

or

is

to the extent

inconsistent

laws

applicable

required

they

Interrogatory

with the requirements
Oracle

shall

to the extent

or control

that

of Civil

Oracle objects

its

respond

of the

to

the

Defendants

including

possession of any partys customers
in

to obligate

by the Rules

possession custody

information

purport

seek

without

Oracle will respond

own possession custody

or control

to

as

Procedure

to these

Interrogatories

to the extent

they

are

compound

28
07-C V.01658

PLAINTIFFS

SUPPLEMENTAL
RESPONSES AND OBJECTIONS TO INTERROGATORY
DEFENDANTS
FIFTH SET OF Th4TERROGATORJES
SIEBEL

PJH

NO.98

EDL
IN

Oracle objects
information

witness

and

and/or

statement

afforded

discovery

other

all

intend

from discovery

protected

such protected

to disclose

Oracles

are

Responses

reserves

10

time pursuant

an appropriate

work product

interest

and

law

the

of

disclosure

exemptions from
for

or in preparation

litigation

immunities under

into the

investigation

these

is

trial

Oracle does not

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ongoing

search

reasonable

following

and will amend

Responses
Rule

of the case

facts

to date

knowledge

to Federal

these

Oracle

as required

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at

26e

of Civil Procedure

OBJECTIONS TO DEFINITIONS

11

12

Oracle objects
Oracle

13

to require

14

that

15

of Identify

16

information

17

such individuals

to

cannot be identified

to the extent

for current

they

it

or

that

is

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search

reasonable

following

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to require

purports

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former employees

may attempt

of Identify

to the Definition

information

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do

so

its

to the extent

provide address

the extent

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purports

possession custody or control

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to

that

through Oracles

the Definition

to

or business

Defendants

that

or

intend

affiliation

to

contact

counsel

OBJECTIONS TO INSTRUCTIONS

18

Oracle objects

19

20

obligate

21

the Federal

22

Oracle shall respond

Oracle to respond
Rules

in

the

that

grounds

they

25

are

of

this

January

27

extent

28

parties

that

have

2002

imposes

it

reached

burden

regarding

or

to the

rules

and

of construction

of response

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it

manner

in the

by law

required

in Instruction

No

No

stated

of

laws

applicable

is

on

overbroad

as

set

by

Instruction

overbroad and

unduly burdensome

from or additional

or obligation

different

production

of information

before

which

2004

to the

and

to

the

the

agreement

after the

filing

07-C V-01658

PLAINTIFFS

to

purports

with the requirements

any other

only to the extent and

unduly burdensome

through the date

to the extent

inconsistent

is

Court

Oracle objects to the time period

26

and

exceeds or

the rules

to the Interrogatories

Oracle objects

Nos

to Instruction

any manner that

of Civil Procedure

23

24

of

seeks

information

supplement

to

or

it

the privileges

privileges

protections

made based on Oracles

the right

common

by the attorney-client

prepared in anticipation

privileges

to the extent

Interrogatory

communications

party

to materials

applicable

each

to

SUPPLEMENTAL
RESPONSES AND OBJECTIONS TO INTERROGATORY
DEFENDANTS
FIFTH SET OF INTERROGATORIES SIEBEL

of the
PJH

NO.98

EDL
IN

Oracles

Accordingly

litigation

March 22 2007

unless

the

will

responses

discovery

be for the time period

covered

is

by the Expanded

2004

January

to

Timeline

Discovery

Agreement
Oracle objects

that

time frame for Siebel

the relevant

from January

starts

12006

TO INTERROGATORY

RESPONSES AND OBJECTIONS

NO.98 IN DEFENDANTS

FIFTH SET OF INTERROGATORIES

NO

INTERROGATORY
the

Identify

98

Regional Managers

TomorrowNow

10

Defendant

11

Production and

12

RESPONSE TO INTERROGATORY

13

In

to

its

objects

15

that

they

16

this

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17

control

of Oracle

18

require

Oracle

19

by the Federal

20

related

21

extent

22

immunity including

23

Oracle also objects

24

and seeks

25

of admissible

26

Oracle

27

already

28

are

to

it

to

the extent

to

it

for

calls

do anything beyond

to

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2002

January

and

Rules

of Civil Procedure

J.D Edwards

which

Oracle incorporates

of information

disclosure

but not

to

information

this

that

evidence

create

limited

is

neither

or will

produced

to

and

in particular

Siebel

protected

relevant

abstract

or

of Requests

for

31 2008

October

to

Oracle also objects

that

it

the extent

summary from

it

to

this

to

required

information

to the

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work product

overbroad

or

protection

protection

unduly burdensome

to lead to the discovery

the Interrogatory

business

to

or

purports

by any privilege

and

is

on the grounds

information

historical

nor reasonably calculated

to

that

for responsive

from discovery

Oracle

reference

possession custody

the extent

to

privilege

by

here

records

to require

purports

that

Oracle has

produce

without

waiver of the foregoing

General and

Specific

objections
07-CV-01658

PLAINTIFFS

in

listed

Oracle further objects

not in the

with respect

on the grounds

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compilation

is

reasonable search

to attorney-client

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customer

and responsible

burdensome

unduly

information that

and/or

each

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its

to this Interrogatory

the

for

98

overbroad and

Oracle further objects

PeopleSoft

Subject

NO

General Objections

vague ambiguous

seeks

between

to Plaintiffs

to

use of the undefmed terms Regional Managers

14

to the

Support Sales

Inc.s Supplemental Exhibit

Interrogatories

addition

for

responsible

SUPPLEMENTAL
DEFENDANTS

RESPONSES
FIFTH

SET

AND

OBJECTIONS
TO INTERROGATORY
OF INTERROGATORIES SIEBEL

Oracle
PM-

NO.98

EDL

IN

responds

follows

as

managers

were

with the TomorrowNow

connected

Where no

time period

the relevant

search Oracle

reasonable

Following

sales

Oracle could not locate the name of

the extent

that

it

could do

it

next

to their

either or

assigned

without

related

could identify

with

so

has

11

or sales representative

12

managers

13

are identified

14

risk reports

15

cancellation

16

ORCL00267953

17

e.gORCLOO

18

33d

and

documents

information

see

numerous

see

in

Oracles

to the

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and

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customers on

bookings

see

ORCL000 16776
to those

have

that identify

reports

see

been

had

search Oracle

sales

support

the

documents

in

pursuant

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been

names of

manager

the sales

customer

including

for

list

example

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lists

to

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letters

see

Civ Proc Rule

production

19

20

Name
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Name

21

22

Star

If

Discrepancy

Any

Alternate

Customer

Name

Quaflty

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Five Star Quality

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Chris

24

Madsen

Schebe

_____________________

__________________

25

Smith

27

Corporation

_____________________
____________________

Abbott

Abbott

Laboratories

26

Nancy

Marchese

AO

Smith
________________

Name

Manager

Inc

23

Limited

Laboratories

Canada

Robert

Deena

Lachs

Jordan

Rowe-McCune
___________________
James

Blackford

John

Humphrys

Limited

28
07-CV.01658PJHEDL

PLAINTIFFS

SUPPLEMENTAL
DEFENDANTS

FIFTH

AND

TO INTERROGATORY
SET OF INTERROGATORIES SIEBEL

RESPONSES

OBJECTIONS

to

identified

e.g ORCLOO 184144 and renewal
Therefore

where

Oracle has

TomorrowNows

revenue

support

or

sales representatives

reasonable

following

sales

during

customer

with the customer

throughout Oracles production

e.g ORCLOO 131416

Oracle refers Defendants

to the

no sales representative

customer

to the

spreadsheets

by Defendants

sales representatives

production

of which

understanding

name of any

the

the extent

to

related

documents

territory

149099

Such

Further

e.g 0RCL00274684

reports

included

burden

its

assigned

associated

could not be located

sales representatives

in

had been

manager

customer

name below

to identify

attempted

to that

information

that

10

undue

below

customers identified

manager

sales

lists

NO.98

IN

at-

SPX

Robert

Corporation

_______________

_________________

_____________________

Lachs

Jennifer

Muihem Chris
Madsen Todd Chapel
Rachel
Romano

_______________________

____________________________

SPX Flow

_________________________
Oracle
has not been

Technology

abletolocatetho
Sales

Support

or Sales

Manager

for

Representative

_________________
Standard

Standard

____________________

Register

Standard

Alison

Register

RegIster

Company

Alicia

St

Lukes

Hospital

St

Lukes

11

Stanley

Astiich

Rornano

Rachel

Hospital

__________________
Electric

Stanley

Co

Company

Electric

______________________

Us

Inc

Stanley

Us Co

____________________
Robert

Lachs

Joseph

Electric

Robert

Jim Stedor

James McLood

Hospital

Cornwall
tO

Kugler

Lachs

St Lukes

this

name

Kwek

Robert

Lachs

Inc

12

StarHub

Limited

Starhub

13

14

Stosa

Enso

America

17

Ltd

North

Propane

Suburban
L.P

Propane

_____

_______-

Susquehanna

Suburban

North

Corp

Chris

Propane

_____

____________

Madsen
Schebe Todd

Nancy
Chapel

James

McLeod

James

Pfaltzgraft

Blackford

Company

____________________

_______________
Syngenta

21

ProtectIon

Inc

22

TA

_________________

Crop

TravelCenters

____________________
SYNGENTA
CROP
PROTECTION

TRAVELCENTERS

Operating

Corporation
23

Enso

Susguehanna
Co

Sybase Inc
20

Pte Lid

America

Pfalfrgraff
18

Starhub

Stora

Corp

Suburban
16

Pte

d/b/a

INC

__________________
Robert

Lachs

Alicia

Lachs

Rachel

Astrich

OF

AMERICA

Robert

Romano

of

America
24

25

Telapex

See

e.g.

ORCLOO29O18
26

___________________

______________________

____________________

27

28
30
PLAINTIFFS

SUPPLEMENTAL
DEFENDANTS

RESPONSES
FIFTH

SET

1i7.CV-0165SP13EOL

AND OBJECTIONS TO INTERROGATORY
OF INTERROGATORIES

SIEBEL

No.98

IN

Dan

Chandler

Chup

HoweII

Diane

WatkinCJordan
____________
_______

Smart

Rowe-MoCu

___________________________
_____________________

_______________________
John
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_________

Centers

LLC

Humphrys

______

________--

lie

_______

--

Standard

Stephen

Keane

Register

Jennie

Edwards

Costa

Aposts

Company

_________
Watson
Laboratories

Inc

BemazzanC

Chrissy

Edwards

Jennie
10

DKrED

September

2009

12

HINGIIAM

13

MCCIJICHEN LLP

by______
16

for Plaintiffs

Attorneys

Orace

17

Corporation

USA

Inc.

Oracle

/4r
Alinder

Zachary

Oracle International

EMFA

Limited

and

Siehel

Systems Inc

IS

20

21

-fl

23

24

25

26
27

28
37

PLAINTIFFS

SUPPLEMRNTAL
DEFENDANTS

RESPONSES
FIFTH

07rv-aless

AND OBJECtiONS TO 1N9CRROGA1ORY

SET OF INIERROQATORIES

SIEBEt

NC

Pill

98

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IN

am
San Francisco

94111-4067

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am

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familiar

same day

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years of age not

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readily

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ordinary course of business

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18 2009

September

served the attached

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

SIEBEL

BY FAX by transmitting

10

numbers
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set

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United

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before

correct

San Francisco

for collection

practice

and

at

addressed

prepaid
13

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facsimile
this date

true

by causing

States

via

below on

forth

for

mailing with the

deposited with the United

is

and

for collection

processing

in

States

the ordinary

course of business

15

EXPRESS MAIL/OVERNIGHT

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of the documents
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with

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PERSONAL

all

fees

documents

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prepaid

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DELIVERY
be

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at

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VIA EMAIL

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to

the persons

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delivered

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by FedEx

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correct

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with

of the above

all

fees fully

paid

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via

by causing

forth

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in sealed

19

persons

delivered

the addresses

SERVICE
to

above

documents

listed

above

on this date

07-C

PJH

the email addresses set forth below

21

22

Robert

Esq

Mittelstaedt

Jason McDonell

Tharan

Gregory

23

Esq
Elaine Wallace Esq
Jones Day

Jane

Froyd Esq

24

555

1755

California

Jones

Street

26th Floor
25

415

CA

94104

CA

Road

94303

Tel [phone]

626.3939

26

tglanierJonesDay.com
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SARAH

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3887

RICHARD CUMNINS
September 16 2008
HIGHLY CONFIDENTIAL INFORMATION
ATTORNEYS EYES ONLY
Page
UNITED

STATES

DISTRICT

DISTRICT

NORTHERN
SAN

OF

FRANCISCO

COURT

CALIFORNIA

DIVISION

--OOoORACLE

CORPORATION
Delaware
Corporation
ORACLE
USA
INC
Colorado
and
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ORACLE
INTERNATIONAL
CORPORATION
California
Corporation

Plaintiffs

Vs
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SAP

No 07CV01658PJH

EDL

AG

German
Corporation
AMERICA
INC
Delaware
CORPORATION
TOMORROWNOW
INC
Texas
Corporation
and
DOES
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Defendants
______________________________________/

VIDEOTAPED

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Reported
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RICHARD CUMMINS
EYES
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INFORMATION
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ONLY

Page
UNITED

DISTRICT

STATES
DISTRICT

NORTHERN

CALIFORNIA

OF

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SAN

COURT

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CORPORATION

ORACLE

ORACLE
USA INC
Corporation
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CORPORATION
ORACLE INTERNATIONAL
Calitornia Corporation

Plaintiffs

No

Vs

07CV-01658-PJB

.EDL

AG

German Corporation
Delaware
INC
AMERICA
TOMORROWNOW
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CORPORATION
and
DOES
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l-50 Inclusive

SAP

SAP

Defendants

______________/
VIDEOTAPED

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Tuesday
Volume

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By

DEPOSITION

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16

September

ARLEN

2008
255

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ARAR

LUCIP BRANN

CSR

No

3887

HIGHLY

2009
ATTORNEYS EYES

PAUL DUGGAN
CONFIDENTIAL

August

ONLY

Page
IN

UNITED

THE

NORTHERN
SAN

DISTRICT

STATES

DISTRICT

OF

FRANCISCO

COURT

CALIFORNIA

DIVISION

--oOoORACLE
CORPORATION
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INC

ORACLE

Colorado
and ORACLE

corporation
INTERNATIONAL
CORPORATION
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Plaintiffs

vs
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07CV1658

PIE

AG

German corporation
Delaware
AMERICA
INC
corporation
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Texas
and
INC
corporation
DOES
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SAP

Defendants

VIDEOTAPED

DEPOSITION

August

HIGHLY

REPORTED

BY

CONFIDENTIAL

SARAH

Merrill

OF

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2009

LUCIA BRANN

800

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Paul

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10

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SARAR

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BRAFIN

CSR

No

3887