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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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 (800) 869-9132 ELIZABETH ANN SHIPPY September 25, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY Page 78 10:53 10:54 10:54 10:54 10:54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. Page 80 10:56 10:56 10:56 10:56 10:56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 Page 79 10:54 10:54 10:55 10:55 10:55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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? Page 81 10:57 10:57 10:57 10:57 10:58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. 21 (Pages 78 to 81) Merrill Legal Solutions (800) 869-9132

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