Oracle Corporation et al v. SAP AG et al

Filing 381

Declaration of Tharan Gregory Lanier in Support of 380 Memorandum in Opposition Declaration of Tharan Gregory Lanier in Support of Defendants' Opposition to Plaintiffs' Motion to Amend Complaint filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Errata E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Related document(s) 380 ) (Lanier, Tharan) (Filed on 7/29/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 381 Att. 2

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EXHIBIT C

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TRANSCRIPTION OF DISCOVERY CONFERENCE

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ORACLE CORPORATION, et al., Plaintiffs, vs. SAP AG, et al., Defendants. No. C07-1658 PJH (EDL)

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REPORTER'S TRANSCRIPTION OF DISCOVERY CONFERENCE BEFORE: HON. ELIZABETH D. LAPORTE

Friday, October 10, 2008

Reported by: CLAUDIA A. BETTUCCHI CSR No. 12214 JOB No. 98424

SARNOFF COURT REPORTERS AND LEGAL TECHNOLOGIES 877.955.3855

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is right for us to negotiate a briefing schedule. THE COURT: Okay. There is one issue that we Very narrow. There is a It changes MR. McDONELL:

think could be addressed now.

third amended complaint that is brand new. other Oracle authorities are in.

the parties to the case so Oracle corporation is out, And it rejiggers who owns copyrights in a way that we can't quite understand. And all of that is contingent on how the various Oracle affiliates have intercompany agreements by which they license copyrights. All we are asking for is a statement by the plaintiffs that they have now produced all of the relevant intercompany licensing agreements so that we know we are no longer shooting at a moving target. as I know. MR. HOWARD: Well, I don't agree with the I think the But we have produced characterization of the complaint. prior versions of the complaint. And thus far they have declined to confirm or deny, as far

ownership allegations are the same as they were in the all of the documents that we believe support the allegations of the complaint and demonstrate the ownership or otherwise the copyright standing of each of those plaintiffs that are in the current third amended

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complaint. THE COURT: as to what? MR. McDONELL: No, I'm willing to take counsel's representation here on the record that they have now produced all of the intercompany license agreements that substantiate which of the entities have copyrights rights. And I think counsel, as I heard him, Yes. The -- I'm not sure what said they have now been produced. MR. HOWARD: copyrights rights are. We've alleged that one of the And we have indeed produced Okay. But you are asking for a -and I think a declaration of a person most knowledgeable

plaintiffs owns the copyrights and other plaintiff have claims of the copyrights. in the complaint. THE COURT: Okay. Have you produced all of the intercompany agreements that relate to any of the copyrighted material that is the subject of the complaint? MR. HOWARD: The reason I'm hesitating, Your But what I am confident of Honor, is because there are a lot of entities and a lot of intercompany agreements. is that we have produced all of the intercompany agreements that are relevant to determining the all of the documents that substantiate those allegations

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ownership or other copyright standing of the named plaintiffs with respect to each of the copyright registrations that are identified in the complaint as the registered works at issue in the case. MR. McDONELL: THE COURT: THE COURT: MR. McDONELL: MR. McDONELL: THE COURT: Then we'll rely on that --- for present purposes. I think what he's saying is Okay. All right.

that they have produced all of -It sounds like it's sufficient to show as opposed to everything possible, but that is normally a good approach. MR. McDONELL: THE COURT: THE COURT: Sufficient to show who owned what and when they owned it. And that's -We'll rely on that. Yes, but let's just -- so on the Is that MR. McDONELL:

mo- -- you were anticipating a motion to compel with documents related to potential new plaintiffs? what this boils down to? MR. McDONELL: by agreement. It's a little -- it's a little different issue, and I think we've got that worked out We didn't want to have to start -Right. THE COURT:

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