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)

Message

Subject:

Zepecki. John [/O=SAP/OU=AMERICA2ICN=RECIPIENTS/CN=000000230476]
12/30/20045:24:38 PM
Shenkman, Arlen [/O=SAP/OU=AMERICA1/CN=RECIPIENTS/CN=000000225832]; Geers,
Torsten [I0=SAP/OU=AMERICA1/CN=RECIPIENTS/CN=000000100655)
Mackey, James [/O=SAP/OU=AMERICA 1/CN=RECIPIENTS/CN=000000065459]
RE: TomorrowNow Overview

Sensitivity:

Company Confidential

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cc:

Arlen,
Generally looks good - a few comments/additions from my slide:
Slide 4 - On the bullet the mentions support is current of 7.x stable customers,
I would consider blending in/adding the following point:
- TomorrowNow customers appear to have small end user bases, not be very
complex environments
- PSFT 8 is a much more complex operating environment with many new
challenges (7 to 8 is a huge change)
- Net is that going to newer releases or bigger/more complex customers is
untested waters, model might not work
Slide 4 - I think its worth mentioning that support level is provided for 1/2
PSFT support price (9 to 10%)
Slide 4 - I would add to the leading edge customer bullet that avg deal size is
SDK (which equates to around $lM original license) which gives indication of size
of current customers or maybe this bullet fits in the financial slide better
Slide 7 - The question of legal liability and likely cost around defending the
right to provide PSFT support is mentioned in the SWOT analysis, but seems like
it need to be called out more explicitly in the conclusion side as well. Even if
all things were perfect with TomorrowNow, the legal issues that are likely to
arise need to be clear and be signed off on.
I do think a model of delivery that is legally sound is possible, but it will
almost certainly take legal wrangling to get it worked out. Legal proceedings
rarely generate positive PR for either side and the press will definitely jump on
the story to continue the Oracle/PSfT saga.
Questions, please let me know. Best regards and happy new year, Johnz
-~---Original Message----From: Shenkman, Arlen
Sent: Thursday, Dec 30, 2004 13:54 PM
To: Geers, Torsten; Zepecki r John
Cc: Mackey, James
Subject: TomorrowNow Overview
Sensitivity: Confidential

Hi Torsten and John,

14

Exhibit 7
~ .. i."vO~
Holl Thuman CSR

Please find attached for your consideration and review a first draft of the
TomorrowNow overview. I am still awaiting certain financial information from the
Company for 2004 and beyond, so the financial slide is still mostly blank.

HIGHLY CONFIDENTIAL INFORMATION -ATTORNEYS' EYES ONLY

SAP-OR00091756

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #: 07-cv-01658-PJH
PLNTF EXHIBIT NO. 0014
_
Date Admitted:
By:
_
Nichole Heuerman, Deputy Clerk

PTX_0014 Page 1 of2

Bes t regards,
Arlen

HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY

SAP-OR00091757

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