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)

From:

Jeff Henley [e-mail]]

Sent:

Friday, March 25, 2005 11 :30 PM

To:

Safra Catz

Cc:

Larry Ellison

Subject: Re: [Fwd: [Fwd: FW: At Risk from Juergen]]

I agree with you up to this point but they are aggressively working out there. Their "confusion" message is part
of their pitch along with their maintenance offer. I think for new deals where we compete with SAP we need a
strong scripted response to their confusion message that we can give to our field people.
I think there may be some losses eventually where SAP convinces some SAP customers to switch from
Peoplesoft to SAP rather than upgrading but our model always assumed there would be some attrition. I've
talked to a lot of Peoplesoft and JDE customers. They like what we tell them but say the proof is in the
pudding. I think they'll give us time to show them we will do as we say before deciding whether to switch to
SAP or to upgrade to Orac1e--for many that's a number of years out as they plan to stay on their current
platform. This will also give them time to evaluate Fusion as it moves along.

Safra Catz wrote:
I don't believe we have lost any large customers because of this. If we lost, we lost to SAP for other
reasons.
-----Orig ina I Message"---From: Jeff Henley Lm(lUtgiiE:[e-mail]]
Sent: Fri, March 25, 2005 3: 14 PM
To: Catz,Safra
Subject: [Fwd: [Fwd: FW: At Risk from Juergen]]

fyi
-------- Original Message -------Subject:[Fwd: FW: At Risk from Juergen]
Date:Fri, 25 Mar 2005 13:44:23 -0800
From:Elizabeth Baker <:f3lizabiCtb.baker@Qr,:H.'le.cQ111::>
Organization:Orac1e Corporation
To:Henley,Jeffrey <JEFF.HENLEY @oracle.com>

FYI
-------- Original Message -------Subject:FW: At Risk from Juergen
Date:Fri, 25 Mar 2005 13:32:58 -0800
From:Andy Allbritten <andy .allbri Hen Cq') oracle.COIn>
Reply- To:[e-mail] <[e-mail]>
Organization:Oracle
To:ROTTLER JUERGEN -<jy.(')rge!1.r()1tl~r@S)1·~(,;l~.com>CC:Phillips Charles<CHARLES.PHILLIPS@oJ:ick.cQl1P, Block Keith G
".-;KEIIH,BLOCK@c)fa,(:le.gom::>, Baker Elizabeth A
<[e-mail]>, CUMMINS RICK
<r:[e-mail]>, PETRAGLIA JAMES M.

Confidential Information

ORCL00744446
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case No.

4:07-cv-01658 PlliIEDL

DEFENDANT Exhibit No.

A-4089

Date Admitted:
By:

_
_

Nicole Heuennan, Deputy Clerk

<jim.petraglia @oracle.com>

Juergen,
This is a foHow-up to the email trail yesterday. We have confirmed that the list forwarded on by
Elizabeth was not accounts that TomorrowNow had entered, but was a list from an AE of his
accounts that Ilad both a Psft and an SAP footprint (hence his concern).
We have detailed the status in the email below of each account.
Despite the fact that this list may have missed the mark, the real answer to Charles' question
yesterday is that yes we are seeing TomorrowNowiSAP in more and more renewals. Every customer
is incanted to at least get a quote from TomorrowNow if only to use in negotiations against us.
The two main tactics we have seen TN/SAP use are:
1. If a customer buys MySAP and pays 17% support fees now, SAP is offering to support that
customer's existing Psft apps for '18 months through TomorrowNow fm no additional charge. I'm
working on getting additional details. (thanl{s Elizabeth for this info)

2. TomorrowNow offers to support a customer's PsftlJDE apps for between 12°/.:,-50% of our pi'ice.
This is currently not tied to an SAP migration from what we have seen,
Up to now we have Ileld firm in following Oracle's no discounting of support policy and lost only
a couple of large customers, but I believe we will need to response to SAP's aggressive tactics with
some of our own. I'm sending you our proposal today to ofter a discounted support fee in exchange
fm a 3-5 year prepayment. This offer will allow us to offer an incentive to customers that make a
commitment to us. We need folks to stay the course and be available to migrate to Fusion.
We are continuing on plan with the Customer Retention Marketing Program and still need, as you are
aware, a detailed product road map to quell customer's concerns about the future. We held the first
meeting yesterday to form a 3rd party SWAT team from stakeholder rJroups to help Support Saies
address tile threat at larger customers.
ROds,
Andy

-----Orig ina I Message----From: Rick Cummins LrrJgilt():ri(:J<&lJrJmJin~@QI"(J(;I~.(;Qm]
Sent: Friday, March 25, 2005 8: 14 AM
To: ALLBRITTEN GEORGE A.; PETRAGLIA JAMES M.
Su bject: At Risk from Juergen
Jim and Andy,
As we suspected, many of these are not currently legitimate concerns, but may have made a iist
based on all AE potential concern.
Rick

Nationwide: John Canonaco even spoke to the AE yesterday and I think scared him based on this
information. They are not aware of an imminent threat. In fact, Keith Block was just out there. gave
them an invite to the CIO summit, and there are license opportunities being pursued.
Guidant: Rachei has been working on this renewal with the customer, and no threats have [Jeen
made. She is awaiting metrics information from them for their 2 upcoming June renewals,
Lockheed Martin: Again, not sure if it's the Lockheed for the West region renewals, or the Southeast

Confidential Information

ORCL00744447

that pose the dilemma, but Michael has dealt with them. We know they are listed on TN's website perhaps for product drops of last year. In terms of upcoming activity, again, have not heard an
imminent threat.
Coming

*Iast talked 10 customer 6/2004. No mention of TN. Total Mtn

= $2.2M Next renewal date

is 9/30/2005. Steve Herman did last few renewals
United Water Resources ..... <'last spoke with cust on 12/14/04. They renewed 2 opportunities totaling
$75K. Next renewal date is 9/28/05 for FJV Approx. amount to biU is $205K. No mention of
TomorrowNow. Normal renewal.
J&J
$2,144,859.150 Ed Hardesty has confirmed that J&J have contacted TN as part oUheir due
diligence, but currently view them as having insufficient Global Scale to provide support. No
dissatisfaction from customer.
CR Bard Phillip $907,104.090 Mark Forsyth has confirmed that CR Bard have not contacted him at all
in regards to TN. No dissatisfaction from customer.
Bausch & Lomb

$1,983,276.12 Customer is considering SAP, so clearly looking at TN.. Client

is looking to escalate demand for arbitrary reduction to Andy.
Equitable Life ...... next renewal is for May 27,2005 for $481, 140.00 and they will owe expansion. I
have not contacted Equitable Life regarding this renewal or expansion to date due to the request of
their AE "Bot) White". Bob requested again (3/2:1) to hold off on contacting them until Vinny MacKey
returned from vacation next week. Bob did not indicate a threat of TomorrowNow... he did mention in
the past that SAP was "all over them" however Equitable maintained the PeopleSoft Applications.
Bob also mentioned during our discussion that Equitable had all intentions of paying their expansion
fees, etc
Rick Cummins
Director, North America Support Services
Oracle
One Technology Way
Denver, CO 80237
303-334-4795

Confidential Information

ORCL00744448