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
Organi7StiOn
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
geoff.howard@bingham.com
hol1y.house@bingham.com
zachary.alinderbingham.com
bree.hann@bingham.com
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
dorian.da1ey@oracle.com
jennifer.gloss@oracle.com
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
These
ongoing
search
reasonable
following
and will amend
Responses
Rule
of the case
facts
to date
knowledge
to Federal
these
Oracle
as required
Responses
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
not within
search
reasonable
following
Oracle
to require
purports
To
former employees
may attempt
of Identify
to the Definition
information
provide
to
do
so
its
to the extent
provide address
the extent
it
purports
possession custody or control
Oracle further objects
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
that
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
Interrogatory
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
First
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
Interrogatory
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
Oracle further objects
compilation
is
reasonable search
to attorney-client
Interrogatory
customer
and responsible
burdensome
unduly
information that
and/or
each
Sets
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
related
and
In addition
customers on
bookings
see
ORCL000 16776
to those
have
that identify
reports
see
been
had
search Oracle
sales
support
the
documents
in
pursuant
Oracles
been
names of
manager
the sales
customer
including
for
list
example
e.g ORCLOO 131330
lists
to
see
e.g
Fed
letters
see
Civ Proc Rule
production
19
20
Name
Customer
Name
21
22
Star
If
Discrepancy
Any
Alternate
Customer
Name
Quaflty
Sales
Five Star Quality
Care
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
Belly Simpson
_________
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
ED
IN
am
San Francisco
94111-4067
County
am
Three
at
familiar
same day
in this
party
Embarcadero
with the practice
mail/fax/hand
for
On
years of age not
California
readily
of correspondence
deposited that
over eighteen
San
Center
of this office
and employed
in
California
Francisco
and
for collection
processing
FedEx delivery and they
business day
deliverylnext
action
are
ordinary course of business
in the
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
II
set
BY MAIL
fl
United
i2
as
set
United States Postal
14
Postal
Service
the
forth
and
same day
documents
500 p.m
copy of
California
am
below
it
is lefi
in sealed
above
the fax
to
be placed
to
in the
with postage
envelopes
with this law firms
familiar
readily
Correspondence
listed
above
the
of correspondence
processing
Service
the
before
correct
San Francisco
for collection
practice
and
at
addressed
prepaid
13
Mail
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
16
of the documents
17
with
18
PERSONAL
all
fees
documents
listed
prepaid
at
be
hand
DELIVERY
be
to
at
the
VIA EMAIL
20
to
the persons
addresses
set
by transmitting
at
set
by causing
delivered
forth
by FedEx
and
correct
true
and
in sealed
correct
copy
envelopes
below
envelopes
copy
with
of the above
all
fees fully
paid
to
the
blow
email the
via
by causing
forth
true
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
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RICHARD CUMMINS
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UNITED
NORTHERN
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STATES
DISTRICT
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21
2009
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CORPORATION
Delaware
corporation
INC
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and ORACLE
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corporation
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Plaintiffs
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PJH
AG
German corporation
AMERICA
INC
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150
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SARAH
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OF
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DIVISION
--OOoORACLE
CORPORATION
Delaware
Corporation
ORACLE
USA
INC
Colorado
and
Corporation
ORACLE
INTERNATIONAL
CORPORATION
California
Corporation
Plaintiffs
Vs
SAP
SAP
No 07CV01658PJH
EDL
AG
German
Corporation
AMERICA
INC
Delaware
CORPORATION
TOMORROWNOW
INC
Texas
Corporation
and
DOES
150 Inclusive
Defendants
______________________________________/
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September 16 2008
RICHARD CUMMINS
EYES
ATTORNEYS
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UNITED
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NORTHERN
CALIFORNIA
OF
FRANCISCO
SAN
COURT
DIVISION
--OOoDelaware
CORPORATION
ORACLE
ORACLE
USA INC
Corporation
and
Colorado Corporation
CORPORATION
ORACLE INTERNATIONAL
Calitornia Corporation
Plaintiffs
No
Vs
07CV-01658-PJB
.EDL
AG
German Corporation
Delaware
INC
AMERICA
TOMORROWNOW
INC
CORPORATION
and
DOES
Texas
Corporation
l-50 Inclusive
SAP
SAP
Defendants
______________/
VIDEOTAPED
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Tuesday
Volume
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Reported
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By
DEPOSITION
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16
September
ARLEN
2008
255
Pages
INFORMATION
WENDY
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RICHARD
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ATTORNEYS
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ONLY
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IN
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DISTRICT
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SAP
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VIDEOTAPED
DEPOSITION
August
RIGHLy
REPORTED
BY
CONFIDENTIAL
SARAH
OF
PAUL
DUGGAN
2009
ATTORNEYS
LUCIA BRANN
CSR
EYES
3887
ONLY
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2009
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_______
24
25
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
Delaware
corporation
USA
INC
ORACLE
Colorado
and ORACLE
corporation
INTERNATIONAL
CORPORATION
California corporation
Plaintiffs
vs
SAP
07CV1658
PIE
AG
German corporation
Delaware
AMERICA
INC
corporation
TOMORROWNOW
Texas
and
INC
corporation
DOES
1-50 inclusive
SAP
Defendants
VIDEOTAPED
DEPOSITION
August
HIGHLY
REPORTED
BY
CONFIDENTIAL
SARAH
Merrill
OF
ATTORNEYS
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DUGGAN
2009
LUCIA BRANN
800
PAUl
CS.R
EYES
32H7
ONLY
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CONFIDENTIAL
2009
August
ONLY
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2009
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California
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AVfrUYV
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2009
_______
Paul
Duggan
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
80
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24
25
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SARAR
lUCIA
BRAFIN
CSR
No
3887