Oracle Corporation et al v. SAP AG et al

Filing 1206

Declaration of Nargues Motamed in Support of 1202 Statement Joint Statement in Support of Evidentiary Issues filed byOracle International Corporation. (Attachments: # 1 Exhibit A-0059, # 2 Exhibit A-6329-1, # 3 Exhibit A-0367, # 4 Exhibit A-5042, # 5 Exhibit A-5997, # 6 Exhibit A-6042-1, # 7 Exhibit A-6205-1, # 8 Exhibit A-5193, # 9 Exhibit A-5995, # 10 Exhibit A-5058, # 11 Exhibit A-5002-1, # 12 Exhibit A, # 13 Exhibit B, # 14 Exhibit C, # 15 Exhibit D, # 16 Exhibit E, # 17 Exhibit F, # 18 Exhibit G, # 19 Exhibit H, # 20 Exhibit I, # 21 Exhibit J, # 22 Exhibit K, # 23 Exhibit L, # 24 Exhibit M, # 25 Exhibit N, # 26 Exhibit PTX 0008, # 27 Exhibit PTX 0014, # 28 Exhibit PTX 0161, # 29 Exhibit O, # 30 Exhibit P, # 31 Exhibit Q, # 32 Exhibit R, # 33 Exhibit PTX 4809, # 34 Exhibit PTX 4819, # 35 Exhibit PTX 0012, # 36 Exhibit PTX 0024, # 37 Exhibit PTX 0960, # 38 Exhibit PTX 7028, # 39 Exhibit S, # 40 Exhibit T, # 41 Exhibit U, # 42 Exhibit V, # 43 Exhibit W, # 44 Exhibit PTX 8040, # 45 Exhibit PTX 2582, # 46 Exhibit X, # 47 Exhibit Y, # 48 Exhibit PTX 8112, # 49 Exhibit PTX 8111, # 50 Exhibit PTX 8108)(Related document(s) 1202 ) (Howard, Geoffrey) (Filed on 8/2/2012)

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BINGHAM MCCUTCHEN LLP
DONN P. PICKETT (SBN 72257)
GEOFFREY M. HOWARD (SBN 157468)
BREE HANN (SBN 215695)
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286
[e-mail]
[e-mail]
[e-mail]
BOIES, SCHILLER & FLEXNER LLP
DAVID BOIES (Admitted Pro Hac Vice)
333 Main Street
Armonk, NY 10504
T~lephone:
[phone]
Facsimile:
[phone]
[e-mail]
STEVEN C. HOLTZMAN (SBN 144177)
FRED NORTON (SBN 224725)
1999 Harrison St., Suite 900
Oakland, CA 94612
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
DORIAN DALEY (SBN 129049)
JENNIFER GLOSS (SBN 154227)
500 Oracle Parkway, MIS 50p7
Redwood City, CA 94070
Telephone: [phone]
Facsimile: 650.506.7144 .
[e-mail]
[e-mail]
Attorneys for Plaintiff Oracle International Corp.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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ORACLE USA, INC., et al.,
Plaintiffs,

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v.

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SAP AG, et al.,

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No. 07-CV-01658 PJH (EDL)
DECLARATION OF NARGUES
MOTAMED IN SUPPORT OF JOINT
STATEMENT REGARDING
EVIDENTIARY ISSUES

Defendants.

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DECLARAnON OF NARGUES MOTAMED IN SUPPORT OF JOINT STATEMENT REGARDING
EVIDENTIARY ISSUES
CASE NO. 07-CV-01658 PJH (EDL)
N74963038.2

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I, Nargues Motamed, declare that I am an attorney licensed to practice law in the

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State of California and am an associate at Bingham McCutchen LLP, counsel of record for

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plaintiff Oracle International Corporation ("Oracle" or "Plaintiff'). I have personal knowledge

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of the facts stated below and could testify competently to them if required.

1.

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I submit this declaration in support of the parties' Joint Statement

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Regarding Evidentiary Issues. The boxes and highlighting in the attached exhibits have been

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added to further assist the Court in identifying the information cited in Oracle's Motion.

2.

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Oracle had intended that the Parties jointly submit a single set of the

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exemplar documents identified by each party so that the Court and the Parties could work off of

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one highlighted copy of the documents at the hearing. Defendants refused this proposal. Thus,

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in order to highlight for the Court the language in Defendants' exemplars to which Oracle refers

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in its responsive sections of the accompanying brief, Oracle attaches to this declaration, in the

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binder concurrently lodged with the Court, highlighted versions of each of the documents at

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issue. The Parties' exemplars (i.e. the documents at issue) are labeled in the binder by Trial

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Exhibit number (e.g. A-0059)). All of Oracle's supporting documents are labeled in the binder

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by exhibit letters as defined below.

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DEFENDANTS' "CATEGORY" ONE - ALLEGED HEARSAY
EXCEPTIONSIEXEMPTIONS

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Defendants' Exemplars
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3.

Attached is a true and correct copy of relevant excerpts of SAP's Trial

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Exhibit A-0059, (the At Risk Report) an exemplar to Defendants' first category.
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4.

Attached is a true and correct copy of SAP's Trial Exhibit A-6329-1, an

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exemplar to Defendants' first category.

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5.

Attached is a true and correct copy of SAP's Trial Exhibit A-0367, an

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exemplar to Defendants' first category.

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6.

Attached is a true and correct copy of SAP's Trial Exhibit A-5042, an

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exemplar to Defendants' first category.

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DECLARATION OF NARGUES MOTAMED IN SUPPORT OF JOINT STATEMENT REGARDING
EVIDENTIARY ISSUES
CASE NO. 07-CV-01658 PJH (EDL)
N74963038.2

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exemplar to Defendants' first category.

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Attached is a true and correct copy of SAP's Trial Exhibit A-5058, an

exemplar to Defendants' first category.

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Attached is a true and correct copy of SAP's Trial Exhibit A-5995, an

exemplar to Defendants' first category.

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Attached is a true and correct copy of SAP's Trial Exhibit A-5193, an

exemplar to Defendants' first category.

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Attached is a true and correct copy of SAP's Trial Exhibit A-6205-1, an

exemplar to Defendants' first category.

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Attached is a true and correct copy of SAP's Trial Exhibit A-6042-1, an

exemplar to Defendants' first category.

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Attached is a true and correct copy of SAP's Trial Exhibit A-5997, an

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Attached is a true and correct copy of SAP's Trial Exhibit A-5002-1, an

exemplar to Defendants' first category.

14.

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5663.

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Attached as Exhibit D is a true and correct copy SAP's Trial Exhibit A-

4089.
\

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Attached as Exhibit C is a true and correct copy SAP's Trial Exhibit A-

0225.

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Attached as Exhibit B is a true and correct copy SAP's Trial Exhibit A-

6086.

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Plaintiff's Supporting Documents

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18.

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by Oracle in this matter, Bates numbered ORCL000132443-45.

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Attached as Exhibit E is a true and correct copy of a document produced

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Attached as Exhibit F is a true and correct copy of the relevant excerpts of

the transcript of the September 23,2008 deposition of Rick Cummins.
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DECLARATION OF NARGUES MOTAMED IN SUPPORT OF JOINT STATEMENT REGARDING
EVIDENTIARY ISSUES
CASE NO. 07-CV-OI658 PJH (EDL)
N74963038.2

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of the transcript of the March 5, 2009 deposition of Elizabeth Shippy.

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Attached as Exhibit H is a true and correct copy of a document produced

by Oracle in this matter, Bates numbered ORCLOOI27354.

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Attached as Exhibit G is a true and correct copy of the relevant excerpts

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Attached as Exhibit I is a true and correct copy of a document produced

by Oracle in this matter, Bates numbered ORCL00033223-26.
23.

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Attached as Exhibit J is a true and correct copy of the relevant excerpts of

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the trial transcript. The following portions of the trial transcript comprise Exhibit J:

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Date( )

Trial Transcript Pages

Description of Event

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1112/10

385: 10-12

Discussion Regarding Admissibility of Evidence

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11/12/10

1209:9-12

Discussion Regarding Admissibility of Evidence

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11/15/10

1473:13-1479:21; 1510:3-10

Discussion Regarding Admissibility of Evidence

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11116/10

1528:18-1529:1; 1528:19-22

Discussion Regarding Admissibility of Evidence

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of the transcript of the May 24,2012 pretrial conference in this matter.

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Attached as Exhibit M is a true and correct copy of the relevant excerpts

of the transcript of the September 30,2010 pretrial conference in this matter.

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Attached as Exhibit L is a true and correct copy of the relevant excerpts

of the transcript of the February 13,2008 discovery hearing in this matter.

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Attached as Exhibit K is a true and correct copy of the relevant excerpts

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Attached as Exhibit N is a true and correct copy of the relevant excerpts

of the transcript of the September 25,2008 deposition of Elizabeth Shippy.
DEFENDANTS' "CATEGORY" TWO - ALLEGED EVIDENCE OF
~LLFULINFRINGEMENT

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Defendants' Exemplars

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an exemplar to Defendants' second category.
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Attached is a true and correct copy of Oracle's Trial Exhibit PTX 0008,

Attached is a true and correct copy of Oracle's Trial Exhibit PTX 0014,

an exemplar to Defendants' second category.

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DECLARATION OF NARGUES MOTAMED IN SUPPORT OF JOINT STATEMENT REGARDING
EVIDENTIARY ISSUES
CASE NO. 07-CV-01658 PJH (EDL)
N74963038.2

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Attached is a true and correct copy of Oracle's Trial Exhibit PTX 0161,

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PTX 0196.

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Attached as Exhibit Q is a true and correct copy Oracle's Trial Exhibit

PTX 0035.

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Attached as Exhibit P is a true and correct copy Oracle's Trial Exhibit

PTX 006.
34.

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of the February 23, 2010 Supplemental Expert Report of Paul K. Meyer.

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DEFENDANTS' "CATEGORY" THREE - EVIDENCE ALLEGEDLY
RELATING TO EXCLUDED DAMAGES THEORIES

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Defendants' Exemplars
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Attached is a true and correct copy of Oracle's Trial Exhibit PTX 4809,

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an exemplar to Defendants' third category.
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Attached is a true and correct copy of Oracle's Trial Exhibit PTX 4819,

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an exemplar to Defendants' third category.
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Attached is a true and correct copy of Oracle's Trial Exhibit PTX 0012,

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an exemplar to Defendants' third category.
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Attached is a true and correct copy of Oracle's Trial Exhibit PTX 0024,

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an exemplar to Defendants' third category.
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Attached is a true and correct copy of Oracle's Trial Exhibit PTX 0960,

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an exemplar to Defendants' third category.
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Attached is a true and correct copy of Oracle's Trial Exhibit PTX 7028,

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an exemplar to Defendants' third category.
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DECLARATION OF NARGUES MOTAMED IN SUPPORT OF JOINT STATEMENT REGARDING
EVIDENTIARY ISSUES
CASE NO. 07-CV-01658 PJH (EDL)
N74963038.2

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Plaintifrs Supporting Documents

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Attached as Exhibit S is a true and correct copy Oracle's Trial Exhibit

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Attached as Exhibit T is a true and correct copy Oracle's Trial Exhibit

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Attached as Exhibit U is a true and correct copy Oracle's Trial Exhibit

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Attached as Exhibit V is a true and correct copy of the relevant excerpts

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PTX 0970.

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PTX 0023.

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PTX 0141.

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of the transcript of the June 8, 2010 deposition of Stephen K. Clarke.

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45.

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Supplement of Stephen K. Clarke.

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PLAINTIFF "CATEGORY" ONE - ORACLE INCOME STATEMENTS
AND CANCELLATION REPORTS

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Attached as Exhibit W is a true and correct copy of the June 4, 2012

Plaintifrs Exemplars

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Attached is a true and correct copy of relevant excerpts of Oracle's Trial

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Exhibit PTX 8040, an exemplar to Oracle's first category.

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Attached is a true and correct copy of Oracle's Trial Exhibit PTX 2582,

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an exemplar to Oracle's first category.
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Plaintifrs Supporting Documents

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48.

Attached as Exhibit X is a true and correct copy of the relevant excerpts

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of the transcript of the November 20, 2009 deposition of Claire Sebti.
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Attached as Exhibit Y is a true and correct copy of the relevant excerpts

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of the transcript of the August 12,2009 deposition of Eileen McMillan.

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PLAINTIFF "CATEGORY" TWO - POST-TRIAL STATEMENTS BY SAP
EXECUTIVES

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Plaintifrs Exemplars

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50.

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Attached is a slip sheet corresponding to Oracle's Trial Exhibit PTX

8112, the May 25, 2011 SAP Shareholders' Meeting Transcript available at

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DECLARATION OF NARGUES MOTAMED IN SUPPORT OF JOINT STATEMENT REGARDING
EVIDENTIARY ISSUES
CASE NO. 07-CV-OI658 PJH (EDL)
N74963038.2

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http://www.sap.com/corporateen/ investors/governance/meetings/pdf/2011-05-25-

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ShareholderMeeting-e-mcdermott.Pdf, an exemplar to Oracle's second category.

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Attached is a slip sheet corresponding to Oracle's Trial Exhibit PTX

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8111, the Shareholders' Meeting Webcast available at http://www.sap.com/company/media/

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110525_ ShareholdersMeeting_EN_250.asx, an exemplar to Oracle's second category.

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PLAINTIFF "CATEGORY" THREE - STATEMENTS FROM TN PLEA
AGREEMENT

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Plaintiff's Exemplars

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Attached is a true and correct copy of relevant excerpts of Oracle's Trial

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Exhibit PTX 8108, an exemplar to Oracle's third category.
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I declare under penalty of perjury under the laws of the United States that the
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foregoing facts are true and correct, and that this Declaration was executed on June 5, 2012 in
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San Francisco, California.

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DECLARATION OF NARGUES MOTAMED IN SUPPORT OF JOINT STATEMENT REGARDING
EVIDENTIARY ISSUES
CASE NO. 07-CV-01658 PJH (EDL)
N74963038.2