Oracle Corporation et al v. SAP AG et al

Filing 455

DECLARATION of Joshua L. Fuchs Declaration of Joshua L. Fuchs in Support of Defendants' Opposition to Plaintiffs' Motion to Amend Complaint - Correction of Docket # 382 filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit B-3, # 5 Exhibit B-4, # 6 Exhibit B-5, # 7 Exhibit B-6, # 8 Exhibit B-7, # 9 Exhibit C-1, # 10 Exhibit C-2, # 11 Exhibit D, # 12 Exhibit E, # 13 Exhibit F, # 14 Exhibit G, # 15 Exhibit H, # 16 Exhibit I, # 17 Exhibit J, # 18 Exhibit K-1, # 19 Exhibit K-2, # 20 Exhibit L-1, # 21 Exhibit L-2, # 22 Exhibit L-3, # 23 Exhibit L-4, # 24 Exhibit L-5, # 25 Exhibit L-6, # 26 Exhibit L-7, # 27 Exhibit M, # 28 Exhibit N)(Lanier, Tharan) (Filed on 8/31/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 455 Att. 1

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EXHIBIT B-1

Dockets.Justia.com

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JOHN M. BAUGH February 6, 2008 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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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 1:17 p.m., before Sandra L. Bray, Registered Diplomate Reporter, Certified Realtime Reporter, and Notary Public within Colorado.

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Q.

Was that the case in the majority of

environments that were built using customer software? In how many instances where an environment was created for a customer was it also the case that a database was created to support that particular environment? A. Q. It should be all, all cases. And is it fair to say that those

databases were from a variety of different vendors? A. Q. The database platform? Yes.

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A. Q.

Yes. How did TomorrowNow obtain the database

software that was used to support the individual application environments? A. Q. From the database vendor. Who were those database vendors that

TomorrowNow obtained the database software from to support the individual customer application environments? A. Microsoft, IBM, Sybase, Oracle, and we I think INFORMIX is owned by IBM

also have INFORMIX.

now, but I'm not sure.

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Q.

And with respect to the database

platform, was that always obtained from the customer or did it ever happen that the existing database platform that you had at TomorrowNow was used to support a new local environment?

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A.

Yes, we did always ask the customer for

that information, but yes, we did have to support clients on database platforms that we had available to us. Q. And just staying on that subject for a

second, in the extended support model, did you use database platforms that you had already at TomorrowNow to support any of the extended support local environments? A. Q. environments? A. Q. Initially, yes. Were there any other database platforms Right, we used SQL server 7. For all of the extended support

used for extended support environments? A. SQL server 2000 I think was used. I'm

not sure if any of the other platforms were used for extended support. Q. And in the direct support local

environment model, which database platforms of the ones that were used generally to support the local environments did TomorrowNow use from its own existing software resources? A. Q. Could you restate that question? In the direct support model, which

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database software did TomorrowNow use that it didn't obtain from a customer in order to support a local environment? A. We didn't use any -- we obtained all our We did not obtain database

own database software.

software -- any database software from a client. Q. So you sourced that software directly

from the vendors? A. Correct.

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MR. HOWARD:

Let's mark as Plaintiffs'

Exhibit 31 a document titled PeopleSoft Demo Environments, consisting of 10 pages, which is -which was produced as Bates Number TN-OR 169315, but there's no Bates number on the hard copy because it was produced natively with the Bates number on the CD. (Deposition Exhibit 31 was marked.) MR. FUCHS: Just add on the record per

party's agreements to produce all Excel files in

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native form. Q. (BY MR. HOWARD) Mr. Baugh, are you

familiar with the document that's been marked as Exhibit 31? A. Q. A. Yes. What is it? This is a document that was generated

from looking at information in our project management system and in SAS. Q. dotProject? A. Q. DotProject, yes. And where in SAS did you look to find The project management system is the

the information that's contained on Exhibit 31? A. The SAS Environment Portal and I also I was not the only person

think the SAS Enterprise. that worked on this doc. Q.

But you were one of the people that

authored this doc by referencing dotProject and SAS? A. Q. Yes. And what was the purpose for which you

participated in the creation of Exhibit 31? A. Trying to generate a document that would

show all the PeopleSoft -- all our current PeopleSoft demo support environments that we're supporting for

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our customers. Q. And is it fair to say that Exhibit 31 is

a compilation of information which is created and maintained in the ordinary course of business of TomorrowNow? A. Q. Yes. And is it a true and accurate reflection

of that information as you found it in dotProject and in the SAS database? A. Q. Yes. And you're familiar with the information

from the dotProject and SAS database as part of your responsibilities at TomorrowNow? A. Q. reflect? A. Yes. So how many environments does Exhibit 31 Do you know? I'm not sure of the number. I think

there's -- I'd say at least a couple of hundred. Q. If I said that I had counted this up to

be 227, would that sound accurate to you? A. That sounds about right, yes.

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Q.

Were you involved at all in and was this

created as part of an effort to respond to Oracle's discovery requests in this case? A. Q. Yes, that is my understanding. And did you participate in helping

develop the answer to an interrogatory that Oracle asked about the number of PeopleSoft environments that had been created and maintained at TomorrowNow? A. I was asked to provide information on

the number of environments.

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Q.

"TomorrowNow has maintained

approximately 183 PeopleSoft environments on behalf of

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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. Q. That's correct. 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. Q. Yes. And that's the several thousand number

that we talked about? MR. FUCHS: A. Objection, form. We have

No, that would not be correct.

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: A. Objection, form.

It's my understanding that TomorrowNow

has had a little over 300 environments on our hardware at one time.

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REPORTER'S CERTIFICATE STATE OF COLORADO CITY AND COUNTY OF DENVER ) ) ) ss.

I, SANDRA L. BRAY, Registered Diplomate Reporter, Certified Realtime Reporter, and Notary Public, State of Colorado, do hereby certify that previous to the commencement of the examination, the said JOHN M. BAUGH was duly sworn by me to testify to the truth in relations to the matters in controversy between the parties hereto; that the said deposition was taken in machine shorthand by me at the time and place aforesaid and was thereafter reduced to typewritten form; that the foregoing is a true transcript of the questions asked, testimony given, and proceedings had. I further certify that I am not employed by, related to, nor of counsel for any of the parties herein nor otherwise interested in the outcome of this litigation.

IN WITNESS WHEREOF, I have affixed my signature this 10th of February, 2008.

My commission expires January 16, 2012.

__X__

Reading and Signing was requested.

_____

Reading and Signing was waived.

_____

Reading and Signing is not required.

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