Oracle Corporation et al v. SAP AG et al

Filing 407

Declaration of Geoffrey M. Howard in Support of 406 Reply Memorandum filed byOracle USA Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Related document(s) 406 ) (Howard, Geoffrey) (Filed on 8/5/2009)

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Oracle Corporation et al v. SAP AG et al Doc. 407 Att. 4 Case4:07-cv-01658-PJH Document407-5 Filed08/05/09 Page1 of 3 EXHIBIT E Case4:07-cv-01658-PJH Document407-5 Filed08/05/09 Page2 of 3 Page 2 of 2 Case4:07-cv-01658-PJH Document407-5 Filed08/05/09 Page3 of 3 4. Disputed amendments related to Database - In prior discussions, Defendants indicated a willingness "to discuss the possibility that they may not oppose an amendment on the database issue at a later time." (Cowan email, April 29, 2009). As you can see in the attached, Oracle is proposing to amend the first claim for relief to include seven additional registrations related to the database. We think this minor amendment makes far more sense, and the parties' interests are far better served, in the context of this case than in a new lawsuit. In connection with this proposed amendment, since we do not wish to unnecessarily burden the parties or the Court, please advise us if you believe TN had a license that permitted its possession and use of the Oracle database technology products which TN had on its systems. If the answer is no, then please indicate whether you will consent to the proposed amendment. In conjunction with these proposed database amendments, we also propose that the parties stipulate to the following accompanying discovery, which we can formalize in more detail if you will agree in principle (to be included within the limits already set by the Court in the June 11, 2009 order): 7 hours of 30(b)(6) testimony from TN on TN's copies and use of the database products 7 hours of 30(b)(6) testimony from SAP on SAP's knowledge of, discussions concerning, and approval or non-approval, of any effort by TN to acquire a license for Oracle's database products Document productions from John Baugh, Greg Nelson, George Lester, Mark Hulett, Paul Bigos, Jennifer Mrak, Georg Schraeder, and Jochen Sholten related to TN's use of Oracle's database products Production from up to 2 additional reserve TN or SAP custodians (combined) Up to 12 additional reserve hours of testimony from TN or SAP witnesses (combined) As with the PeopleSoft registrations, Oracle reserves all rights with respect to this issue, including the right to seek to add additional registrations and/or file a separate lawsuit, if Defendants oppose these amendments. We look forward to your prompt response. Please direct any written comments to all addressees above. Thanks, Geoff 8/4/2009

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