Oracle Corporation et al v. SAP AG et al

Filing 349

Declaration of Kevin Mandia in Support of 348 MOTION for Leave to File Amended Complaint filed byOracle EMEA Limited, Oracle International Corporation, Oracle USA Inc.. (Related document(s) 348 ) (Howard, Geoffrey) (Filed on 7/15/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 349

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BINGHAM MCCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) ZACHARY J. ALINDER (SBN 209009) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: 415.393.2286 [e-mail] [e-mail] [e-mail] [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: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Oracle EMEA Limited UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ORACLE USA, INC., et al., v. Plaintiffs,

No. 07-CV-1568 PJH (EDL) DECLARATION OF KEVIN MANDIA IN SUPPORT OF ORACLE'S MOTION TO AMEND COMPLAINT Date: Time: Courtroom: Judge: August 19, 2009 9:00 a.m. 5, 17th Floor Hon. Phyllis J. Hamilton

SAP AG, et al., Defendants.

DECLARATION OF KEVIN MANDIA IN SUPPORT OF ORACLE'S MOTION TO AMEND COMPLAINT
Dockets.Justia.com

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I, Kevin Mandia, declare: 1. I am CEO and president of Mandiant Corporation ("Mandiant"), a

computer forensics and information security consultation firm. Except for matters stated below on information and belief, I have personal knowledge of the matters stated in this Declaration by virtue of my retention by Plaintiffs in this action. If called and sworn as a witness, I could and would competently testify as to such matters. 2. As part of the discovery process in this case, Mandiant has been given

access to copies of images of servers that I am informed and believed resided at TomorrowNow, Inc.'s ("SAP TN") facilities and are described by Defendants their "Data Warehouse" materials. 3. The Data Warehouse materials contain SAP TN's copies of Oracle

software environments and downloads of Oracle Software and Support Materials (as that term is used in the Third Amended Complaint) from Oracle's password-protected systems. These materials also tend to show how SAP TN created fixes, including by copying and manipulating those environments and downloads. Based on Mandiant's review, the Data Warehouse information appears to reflect some of SAP TN's daily activities, showing its continuing support of specific customers over time, including each fix provided to each customer. 4. I understand that Defendants have represented that the Data Warehouse

production, once completed, will total over seven terabytes of data and 14 million files. Much of the data is produced in a compressed format. As an example, of the materials received to date, more than 3,000 files are compressed copies of software environments that appear to have originated from Oracle's software licensed to its customers, and which exist as a copy of that software, sometimes modified, on SAP TN's servers. These environment files are on average roughly 200 megabytes in size but when extracted and decompressed can expand to 3.5 gigabytes per environment. In other words, decompression could potentially add approximately 10 terabytes to the volume of just our current data set. Furthermore, it takes an average of a week per terabyte to extract and decompress this data. Based on all of the information available to me, I estimate that the sum decompressed size of the Data Warehouse production, once complete, could exceed 16 terabytes and 15 million files.
DECLARATION OF KEVIN MANDIA IN SUPPORT OF ORACLE'S MOTION TO AMEND COMPLAINT

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