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)

Barbara Aliano 8-26-04
North America Team Status Report (Rob's Team)-=

Arrears Highlights:
Comments

Only

Number
OPP56314

Rockwell

OPP41920

Thrivent

OPP123531

Masco

OPP64281

Mosaic

8-26-04: Should close win soon.
Waiting for calc analyst to process
the drop
8-12-04: Still awaiting some
response from Daryl Z on
settlement.
8-4-04: Dana and Gary going to
customer site next week. Weare
trying to get a decision from Daryl
so that they can present offer and
hopefully close out this renewal
issue. Need to discuss Mnt next
steps with Rob. 7-29-04: Customer
in settlement. Customer refusing to
renew remaining products until
settlement offer is presented.
See details below under "Other
Issues"
See details below under "Other
Issues"
Working on three year prepayment
for all renewals. We are reviewing
numbers right now. Amendment in
customer hands. Hope to close
early next week.

$106,992.00

6/19/04

$177,734.00

12/31/03

$60,605.07

12/31/99

$15,313.76

8/23/04

Expansion
Revenue to be recognized in current quarter

Highly Confidential Information - Attorneys' Eyes Only

ORCL00131229

Customer

Richardson Electronics
Pella
Wells Fargo
MICROVENA

Opportunity
Number
OPP1l7520
OPP118026
OPP123203
OPP124295

License Fee
Amount
$103,854.00
$166,500.00
$18,750.00
$5,415.00

Forecast Status

$20,770.00
$33,300.00
$3,750.00
$1,083.00

Comments (expected close)

Closed
8/30/04
9/30/04
Closed.

Reinstatements
Opp#

Customer

Comments

Value

Forecast Status

Projects/Opportunities vou are working on :
Participating in 8.9 Focus Group.
Marcus Group divestiture 8-12-04: Need to discuss sales proposal with Rob. I have told sales that our policy is to go to TC is a customer wants to right-size.
They feel this is a different story since this is a divestiture not just a change in profitability. Sales wants to reduce the maintenance fee
by the amount the customer is reducing its overall revenue. I will be sending you details under separate e-mail.
8-4-04: Company selling otT a division and requesting review of their license.
St. Paul take over of Travelers Indemnity 8/26/04: Working with Todd Dokken to understand the Travelers account which is a spin off from Citibank originally and now been
bought by St. Paul Co. To say the least Citibank agreement is complicated and travelers ahs the right to some of their HR software
through Citibank license. Todd has opportunity for license revenue due to product disparity. Probably no growth since all are
customers. Working with customer (new purchasing agent from Travelers) to align dates and understand the St. Paul renewals.
Wells Fargo buyout of Strong Financials

Highly Confidential Information - Attorneys' Eyes Only

ORCL00131230

8/26/04: Working to get last Strong renewals done. They have requested ability to pay on a quarterly basis until they are on Wells
systems. We are working on an amendment to do this since this is a one-off where we aren't requiring customer to commit to a full
year of support. Working with Wells AE on synching up products.

Process Issues
8/26/04: Need to move into November in order to get more renewals into deferred rev. All PS renewals for November are in
Negotiation but all IDE renewal (most are November 1) are still in Pre-qualify. This will hurt our DIA.
8-12-04: Seems that Calc Analysts are stretched these days so our mnt requests are taking longer to complete which hurts out DIA.
Also opps for October are still in Prequalify. I believe this is across the board not just with my analyst.
General Emplovment ItemsEmplovee Issues
Other Issues (With Field)
US Filter Operations:
8-26-04: Resolved. Rob approved credit/rebill for this old AR. Should clear books as soon as routed through our credit process.
8-12-04: Trying to clear up an old AR. They did not drop support in time. I pro-rated them a 90 day fee. Long story and paper trail.
We are more thanjustitled. Had call with customer and AE today. At this point AE and I have pointed out that we gave them fair
warning. Think we need to set up a call with you repeating the same thing and pointing out our concessions once again. Basic "agree
to disagree" position at the moment.
Manitowoc:
8-26-04: Have three year prepayment option in front of customer right now. Having trouble getting a response from them. Need to
force their hand since renewal is 9/27/04 and we are into our 35 day window.
8-12-04: Customer has seen huge increases over the last two years. Is questioning another 12% increase this year. AE is also
questioning. They were some of the poor souls who came off of TC during the years when we had freedom to raise any amount.
Increase history:
2001 - 2002: $89,000 (first year oflicense and no cap put into place by AE)
2002 - 2003: $174,656 (I did this to them under our old policy. TC was higher but I still obviously got a huge increase out of them.
Graciously put them on 12% caps.
2003 - 2004: $195,614.72 (12% cap applied since still below TC)

Highly Confidential Information - Attorneys' Eyes Only

ORCL00131231

2004 - 2005: Pending: $229,088.49 (12% cap again applied. TC
years. New management in place and questioning the increases.

=

$330,195. Customer has increased exponentially over last three

Quad/Graphics:
8-26-04: Customer has informed me they will keep support on Merant and ePay only. Too weird. I am working with AE and PSE to
try to save this account but isn't looking good. Right now I have sent them the pricing to retain the two products and asked them to
confirm in writing that they want to drop all remaining products. Hate to loose them but have already offered discounted fees through
a prepayment. Users are not responding to AE. We are dealing with purchasing so never really sure if they are going for a better price
or really will leave us.
8-12-04: Customer is considering using TomorrowNow. I have quoted him fees based on dropping of products and going to Standard
support. AE will be organizing a face-to-face with CIO and VP HR to see if TomorrowNow is really a threat or is purchasing is using
it as leverage to receive discount on maintenance. Might go into arrears but hopefully will get resolved prior to 8/28 renewal date.
Thrivent: Arrears renewal
8-26-04: Possibility that this should have been part of the IPA that had the license fees on it. Financing contact has been out and
backin next week. It is too complicated to drag in some one else. My customer contact is back in office next week and I hope to
resolve then. Looks like this renewal amount was left off of IPA so customer does owe it to us.
8-12-04: have talked with customer purchasing contact. He is asking for a summary of allof Thrivent renwals and how they relate to
the financing documents. He wants us to prove that the "found" revenue was not included in the financing transactions and was truly
missed. He is also talking about wanting to finance and extending all of their prepayments out. I'm going to try to separate the two
issues so I can get this arrears renewal completed.
8-4-04: Found $170K that should have been billed in December 2003. Opportunity has been entered. Getting older by the minute.
Now the old contact has left the company. I have dropped three voicemails trying to find the right contact. AE gave me two names to
call but no result so far.
Manpower: Will be Arrears if it closes
8-26-04: Premium support still in discussions
8-12-04: Need update from Brian. Send him feeler today.
8-4-04: Premium renewal. Will be back dated to June 30,2004. Brian Cannon working with them to sell Premium. I am not
involved. No opportunity in system yet. Brian meeting at customer sight 8/5/04 and will send me an update.

Highly Confidential Information - Attorneys' Eyes Only

ORCL00131232