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)

ELIZABETH ANN SHIPPY
September 25, 2008
HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY
Page 1
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
--O0o-ORACLE CORPORATION, a Delaware
Corporation; ORACLE, USA, INC.,
a Colorado Corporation, and
ORACLE INTERNATIONAL CORPORATION,
a California Corporation,
Plaintiffs,
Vs.

No. 07-CV-01658-PJH (EDL)

SAP AG, a German Corporation,
SAP AMERICA, INC., a Delaware
CORPORATION, TOMORROWNOW, INC.,
a Texas Corporation, and DOES
1-50, Inclusive,
Defendants.
_______________________________/

VIDEOTAPED RULE 30(b)(6) DEPOSITION OF
ORACLE CORPORATION
Designee:

ELIZABETH ANN SHIPPY

___________________________
Thursday, September 25, 2008
HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY
Reported By:
Job 413273

WENDY E. ARLEN, CSR #4355, CRR, RMR

Merrill Legal Solutions
[phone]

ELIZABETH ANN SHIPPY
September 25, 2008
HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY
Page 78

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Q.
-- based on their interactions with the
customer?
A.
Yes.
Q.
To make sure I understand how the 20 percent
worked, if the sales rep's estimate of the likelihood
of renewal was that there was a 20 percent chance
that it would not be renewed or less, then it would
go into -- they would fill in that field; is that
correct? Do I have it the right way around?
A.
Well, they're going to field -- they're going
to fill in the field with a number.
Q.
So, I see. Okay.
A.
That's just part of the process. They put in
whatever they believe the likelihood of that renewal
is going to book.
Q.
And prior to the transition to the automated
system, sometimes they would do that and sometimes
they would not; is that correct?
A.
I don't know.
Q.
Okay. But as of the transition to the
automated system, that field is always filled in; is
that correct?
A.
Yes.
Q.
Or it's supposed to always be filled in.
A.
Yes.

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A.
That's it.
Q.
Okay. So when this was a manual process, was
20 percent the same number that was being used for a
sales rep to decide to inform you that this is an at
risk account?
A.
I don't know.
Q.
Okay.
A.
We didn't use the forecast percentage prior
to the automated -- in my work with at risk, no one
ever gave me a forecast percentage. That was not
part of my analysis.
Q.
So a sales rep would just make his or her own
determination, maybe in conjunction with management,
that an account was at risk then tell you the
account's at risk.
A.
Absolutely.
Q.
Now, I've seen the manual at risk report, and
it contains a fair amount of information. How is
that information recorded now, if at all?
A.
So what we've done is we've kept -- first of
all, the report is cumulative. So it was a moving
target. So every week at the onset of the report
when we did it on a weekly basis, it would be
cumulative. We eventually went to monthly.
So as of February '08, that was the last time

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Q.
Okay. And if the number is 20 percent or
less, then it's flagged as an at risk.
A.
Correct.
Q.
And then what happens after it's flagged as
at risk?
A.
So then, going back to Exhibit 79, and it's
page 3, on the premier reporting portal, there is an
at risk analysis report, and all that is, there's two
tabs on that report. There's an entered, which is
the active contracts, and on that tab would list all
of the contracts that have an expected bookings of
20 percent or below.
Q.
You said there are two tabs?
A.
Yes, the other tab is cancelled. So that
would also be typically at the quarterly level. I'm
sorry. I take that back. It's a monthly level. So
every month the report gets generated. So any
renewals that were on the 20 percent or below either
are entered, meaning that they're still being worked,
those are the ones that we are still negotiating and
working through, and then there's the cancelled, the
ones we did lose.
Q.
Okay. And so is that the sum total of the
report, the at risk analysis report that comes from
OKS? It just shows number entered, number cancelled?

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that that manual was created. That is cumulative and
that's the end of it. It has been posted, so it's
available for reference, but that was it.
Q.
And the information that went into that
report, for example, there is, I think it's called
the notes field, it would have the comments by the
sales rep, is that information -- since February of
'08, is that information collected anywhere?
And I'm talking about communications have
happened between the sales rep and the customer, for
example, since February '08, is that recorded
anywhere as part of the at risk reporting process in
OKS?
A.
So let me make sure I understand your
question. So in February of '08, even though the
report, the manual report was going to be ended,
there may have been some customers that were still in
negotiation, right, that we were still working.
So the renewal rep would include notes as
attachments into OKS. So that even though the notes
no longer are being tracked in this manual form, reps
are still able to add notes and attach and them in
the OKS contract. So if you and were going to look
up a deal and see where it's at, we should be able to
check the notes through the attachments in OKS.

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