Oracle Corporation et al v. SAP AG et al

Filing 354

Declaration of Chad Russell in Support of 348 MOTION for Leave to File Amended Complaint CORRECTION OF DOCKET # 350 . filed byOracle EMEA Limited, Oracle International Corporation, Oracle USA Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Exhibit Exhibit J, # 11 Exhibit Exhibit K, # 12 Exhibit Exhibit L, # 13 Exhibit Exhibit M, # 14 Exhibit Exhibit N, # 15 Exhibit Exhibit O, # 16 Exhibit Exhibit P, # 17 Exhibit Exhibit Q, # 18 Exhibit Exhibit R, # 19 Exhibit Exhibit S, # 20 Exhibit Exhibit T)(Related document(s) 348 ) (Russell, Chad) (Filed on 7/17/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 354 Att. 4

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Exhibit E

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Baugh, John M Vol 1 Final version 2/6/2008 12:00:00 PM

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 07-CV-01658 (MJJ) ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation, Plaintiffs, v. SAP AG, a German corporation, SAP AMERICA, INC., a Delaware corporation, TOMORROWNOW, INC., a Texas corporation, and DOES 1-50, inclusive, Defendants. ______________________________________________________ VIDEOTAPE RULE 30(b)(6) DEPOSITION OF: JOHN M. BAUGH - February 6, 2008 TomorrowNow, Inc. (Highly Confidential - Attorneys' Eyes Only) ______________________________________________________ PURSUANT TO NOTICE, the Videotape Rule 30(b)(6) deposition of JOHN M. BAUGH was taken on behalf of the Plaintiffs at 1700 Lincoln Street, Suite 4100, Denver, Colorado 80203, on February 6, 2008, at 17 p.m., before Sandra L. Bray, Registered Diplomate Reporter, Certified Realtime Reporter, and Notary Public within Colorado.

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Baugh, John M Vol 1 Final version 2/6/2008 12:00:00 PM
95 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. The BakTrak database that you referred to, could you describe what that is? A. That's a database we developed in-house to track the backups and restores that we had made of each environment. Q. Is it used for any other purpose? A. Yes. We also track what we call our check-in/check-out process. Q. Anything else? A. It also would -- there's a table in there that keeps track of the environments and which ones are running. Q. Anything else? A. Well, now that we have some remote environments, it also contains the client's name or -actually, not the name, but the three-digit client designation so we can track which backups are related to which client. Q. When did TomorrowNow start using the BakTrak system? A. I'm not sure when that started. Q. Was it after you started your employ at TomorrowNow? A. Yes. I just don't recall the exact time frame they started using it.

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116 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 those as a matter of routine? A. Those are also by request. Q. And do you have a sense of approximately what percentage of times when a regulatory update is created a backup is made of that environment? A. The majority of time, it should be. Q. How many backups of environments exist for customers who have offboarded and left TomorrowNow approximately? A. I really don't have any way of knowing that without looking for a specific customer. It would depend on if they received regulatory updates. If they did receive regulatory updates, it would depend on how many they've received from us, how long they'd been clients, and how often that was requested. Q. Well, I mean, you have a sense of how many backup environments there are in total? A. How many backups we have in total? Q. Yes. A. No, I really don't have any sense other than the number in BakTrak should be fairly close. Q. And what's that number? A. I don't remember how many rows were in the backup table. Q. Thousands, though, right?

117 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. Thousands, yes. Q. And of those, do you have any sense of how many of them pertain to customers who have left TomorrowNow? A. I really don't have any idea of that number. Q. Is that something BakTrak can tell us, which ones pertain to current customers and which ones pertain to former customers? A. The BakTrak would tie the backup -would give us that customer's PSHome name. You could take that PSHome name or designation and go to either Pathfinder or the SAS Environment Portal, get the customer's name and product line, and then you could go to SAS Enterprise and find out when that customer was actually -- what their dates of service would be. Q. And you'd have to do that for each of the more than couple thousand lines that show the backed-up environments? A. If you wanted to tie those back to terminated customers? Q. Yes. A. Yeah. Q. Has a backed-up environment for a former customer ever been restored for use by anybody at

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141 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 copies of that customer's PeopleSoft software as testified by Shelley Nelson," the citation, "identify the customer, identify each product name and release copied to create the local environment, and state the total number of local environments created for the customer." And then the answer is some objections, and here's the answer: "TomorrowNow has maintained approximately 183 PeopleSoft environments on behalf of approximately 122 different customers," and then it goes on to say which products those environments were created for. Is that, to your current understanding, an accurate answer, that TomorrowNow has maintained approximately 183 PeopleSoft environments on behalf of approximately 122 different customers? MR. FUCHS: Objection, form. A. I don't know for certain how many customers we've had. Q. Let put aside the customers. Is that an accurate answer with respect to how many PeopleSoft environments TomorrowNow has maintained? A. Could you read me that piece of it again? Q. "TomorrowNow has maintained approximately 183 PeopleSoft environments on behalf of

142 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 approximately 122 different customers." A. No, based on the research, that's not an accurate number. Q. And, in fact, really even the environments reflected on Exhibit 31, the 227, that's not all of them either, right? A. That's correct. Q. To get the total number, you've got to look at this BakTrak reporting that you generated to include the backup environments and all of the total environments? A. Yes. Q. And that's the several thousand number that we talked about? MR. FUCHS: Objection, form. A. No, that would not be correct. We have not had several thousand environments. Q. What's your best understanding of what the total number of environments that PeopleSoft has ever -- that TomorrowNow has ever maintained of PeopleSoft applications? MR. FUCHS: Objection, form. A. It's my understanding that TomorrowNow has had a little over 300 environments on our hardware at one time.

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