Oracle Corporation et al v. SAP AG et al

Filing 1208

RESPONSE (re 1204 Administrative Motion to File Under Seal Defendants' Administrative Motion to Permit Defendants to File under Seal Materials Offered by Defendants in Support of the Parties' Joint Statement Regarding Exhibit Objections ) filed byOracle International Corporation. (Attachments: # 1 Proposed Order Granting Defendants' Motion to Seal, # 2 Declaration of Jennifer Gloss in Support of Defendants' Motion to Seal)(Howard, Geoffrey) (Filed on 8/2/2012)

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BINGHAM MCCUTCHEN LLP
DONN P. PICKETT (SBN 72257)
GEOFFREY M. HOWARD (SBN 157468)
BREE HANN (SBN 215695)
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286
[e-mail]
[e-mail]
[e-mail]
BOIES, SCHILLER & FLEXNER LLP
DAVID BOIES (Admitted Pro Hac Vice)
333 Main Street
Armonk, NY 10504
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
STEVEN C. HOLTZMAN (SBN 144177)
FRED NORTON (SBN 224725)
1999 Harrison St., Suite 900
Oakland, CA 94612
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
DORIAN DALEY (SBN 129049)
JENNIFER GLOSS (SBN 154227)
500 Oracle Parkway, M/S 5op7
Redwood City, CA 94070
Telephone: [phone]
Facsimile: 650.506.7144
[e-mail]
[e-mail]
Attorneys for Plaintiff Oracle International Corp.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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ORACLE INTERNATIONAL
CORPORATION,

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Plaintiff,
v.
SAP AG, et al.,

CASE NO. 07-CV-01658 PJH (EDL)
DECLARATION OF JENNIFER GLOSS IN
SUPPORT OF DEFENDANTS’
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL DOCUMENTS IN SUPPORT OF
JOINT STATEMENT REGARDING
EVIDENTIARY ISSUES

Defendants.

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Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF JENNIFER GLOSS IN SUPPORT OF DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL
DOCUMENTS IN SUPPORT OF JOINT STATEMENT REGARDING EVIDENTIARY ISSUES
A/75085448.1

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I, Jennifer Gloss, declare as follows:
1.

I am an attorney licensed to practice law in the State of California and am

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Managing Counsel at Oracle America, Inc. (“Oracle”). I have personal knowledge of the facts

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stated within this Declaration and could testify competently to them if required.

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2.

At Oracle’s request, Defendants redacted or partially redacted excerpts from

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Exhibit A-0059 from the public filing of documents in support of the Joint Statement Regarding

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Evidentiary Issues.

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3.

I have reviewed the redacted excerpts of Exhibit A-0059.

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4.

The redacted excerpts of Exhibit A-0059 contain information that is non-public,

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commercially sensitive, private and/or confidential to Oracle and/or non-parties.
5.

The public disclosure of this information could result in improper use of the

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material for scandalous or libelous purposes or infringement upon trade secrets, and would create

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a significant risk of competitive injury and particularized harm and prejudice to Oracle and/or

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non-parties.

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6.

The excerpts of Exhibit A-0059 are from a 228-page print-out of a January 25,

2008 Oracle document that has been commonly referred to as an “At-Risk report.”
7.

Information from Exhibit A-0059 has previously been ordered filed under seal on

four separate occasions in this case.
8.

By way of background, Oracle compiled and maintained At-Risk reports from

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May 2005 to January 2008. These reports contained information about customers who told

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Oracle they were considering dropping Oracle support in favor of support from a third party,

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such as TomorrowNow. The reports were in the form of a spreadsheet that was updated and

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modified over time and was distributed internally at Oracle.

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9.

The excerpts of Exhibit A-0059 contain information about Oracle’s response to a

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customer who had indicated they were considering dropping Oracle support in favor of support

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by a third party. The excerpts also contain pricing and discount information for the customer as

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well as strategic information about Oracle’s response to customers in price negotiations. A

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competitor, potential customer, or customer of Oracle could use this information to tailor its
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Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF JENNIFER GLOSS IN SUPPORT OF DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL
DOCUMENTS IN SUPPORT OF JOINT STATEMENT REGARDING EVIDENTIARY ISSUES
A/75085448.1