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)

EILEEN McMILLAN
August 12, 2009
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 1
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

ORACLE CORPORATION, a
Delaware corporation, ORACLE
USA, INC., a Colorado
corporation, and ORACLE
INTERNATIONAL CORPORATION, a
California corporation,
Plaintiffs,
vs.
SAP AG, a German corporation,
SAP AMERICA, INC., a Delaware
corporation, TOMORROWNOW,
INC., a Texas corporation, and
DOES 1-50, inclusive,
Defendants.
______________________________

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) No. 07-CV-1658 (PJH)
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VIDEOTAPED 30(b)(6) DEPOSITION OF
ORACLE USA
BY AND THROUGH ITS DESIGNEE
EILEEN McMILLAN
_________________________________
WEDNESDAY, AUGUST 12, 2009

HIGHLY
REPORTED BY:

CONFIDENTIAL - ATTORNEYS' EYES ONLY
HOLLY THUMAN, CSR No. 6834, RMR, CRR
(1-421895)

Merrill Legal Solutions
[phone]

EILEEN McMILLAN
August 12, 2009
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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MR. McDONELL: Q. Okay. Same question for
the Analytics Licenses Report. Is that report
something you work with in your normal job?
MR. JINDAL: Objection. Vague and
ambiguous.
THE WITNESS: No.
MR. McDONELL: Q. Same question with
respect to cancellation reports.
MR. JINDAL: Objection.
MR. McDONELL: Q. Are those reports that
you work with in your normal job?
MR. JINDAL: Objection. Vague and
ambiguous.
THE WITNESS: Yes.
MR. McDONELL: Q. In what way do you work
with them?
A. I produce those reports for the business at
the end of every quarter.
Q. Okay. Can you describe the reports that
you prepare on a quarterly basis? Are they by
organization, by product line? How are they set up?
MR. JINDAL: Objection. Compound, vague
and ambiguous.
THE WITNESS: They are designed by region.
In other words, Americas, Europe, Middle East, Asia

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MR. JINDAL: Objection. Vague and
ambiguous.
THE WITNESS: Since our Q3 FY06.
MR. McDONELL: Q. Prior to that time, were
you providing cancellation reports to anybody?
MR. JINDAL: Objection. Vague and
ambiguous as to the "reports."
THE WITNESS: No.
MR. McDONELL: Q. Was there -- prior to Q3
'06, are you aware of any tracking within Oracle of
cancellation activity?
MR. JINDAL: Objection, outside the scope;
objection, vague and ambiguous.
THE WITNESS: Yeah. I'm not aware of any.
MR. McDONELL: Q. When you say that, it
makes me think that you think someone else would
know about it.
MR. JINDAL: Wait for a question.
MR. McDONELL: Q. Okay. Does -THE WITNESS: Okay.
MR. McDONELL: Q. Do you have reason to
believe somebody else was running cancellation
reports prior to Q3 '06?
A. No.
Q. Do you have any information whatsoever as

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Pacific. And the data is broken out by applications
versus database technology, and then we also do a
cut of the data by Oracle versus our acquisitions.
MR. McDONELL: Q. So is there a
cancellation report that's specific to PeopleSoft
products?
MR. JINDAL: Objection. Vague and
ambiguous.
THE WITNESS: Yes.
MR. McDONELL: Q. Is there also a regular
quarterly report that you prepare with respect to
JD Edwards products?
MR. JINDAL: Same objection.
THE WITNESS: We split PeopleSoft out by
PeopleSoft and JD Edwards, yes.
MR. McDONELL: Q. And is there also a
split of the Siebel product line?
A. Yes.
Q. To whom do you provide those on a quarterly
basis?
MR. JINDAL: Objection. Vague.
THE WITNESS: I provide them to Gary Miller
and to Linda Hartig.
MR. McDONELL: Q. How long have you been
providing those reports?

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to whether Oracle had any cancellation reports prior
to Q3 '06?
MR. JINDAL: Objection. Overbroad.
THE WITNESS: I do not know of any
cancellation reports prior to Q3 '06.
MR. McDONELL: Q. Are you aware of any
process by which Oracle was able to track
cancellation activity prior to Q3 '06?
MR. JINDAL: Objection. Overbroad.
THE WITNESS: I would have to speculate.
MR. McDONELL: Q. Go ahead and speculate.
A. Okay. I believe our finance folks would
come up with a large cancellation number for the
globe.
Q. And why do you believe that?
MR. JINDAL: Objection. Calls for
speculation, lacks foundation.
THE WITNESS: Yeah. Speculation, again, I
believe it's part -- it's a necessary component of
their modeling process.
MR. McDONELL: Q. And which finance folks
are you referring to?
A. Darron Knox.
Q. What's his job?
MR. JINDAL: Objection. Lacks foundation.

7 (Pages 22 to 25)
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