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. 5

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EXHIBIT B-5

Dockets.Justia.com

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Mark Kreutz

October 29, 2007
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JOB NO. 94795

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, VS. SAP AG, a German corporation, SAP AMERICA, INC., a Delaware corporation, TOMORROWNOW, INC., a Texas corporation, and DOES 1-50, inclusive, Defendants.

ORAL AND VIDEOTAPED DEPOSITION OF TOMORROWNOW BY AND THROUGH MARK KREUTZ VOLUME OCTOBER 29, 2007 ORAL AND VIDEOTAPED DEPOSITION OF TOMORROWNOW BY AND THROUGH MARK KREUTZ, produced as a witness at the instance of the Plaintiffs and duly sworn, was taken in the above styled and numbered cause on October 29, 2007, from 3:28 p.m. to 5:32 p.m., before RENE WHITE MOAREFI, CSR, CRR, RPR in and for the State of Texas, reported by machine shorthand, at Jones Day, 717 Texas, Suite 3300 Houston, Texas, pursuant to the Federal Rules of Civil Procedure and the provisions stated on the record herein.

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Q.

What do you say to the customer in the course

of this guidance phone call to guide them to do their own download of Oracle support materials? A. We -- a couple bullet points on this.

Primary -- you know, we start with, you know, make sure you have your original media for the items that you're currently running in production. So that could be

anything, you know, any release, any software, you know, World, OneWorld, whatever. And that -- so that -- that

list in itself can mean your original media, base level software, plus any updates on top of that. So that

update list may include, you know, their cumulative update and any patches they've got applied and any third-party products that may be integrating with their production environment. So that one bullet item

basically covers those items.

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And then we -- then we -- you know, given that your maintenance hasn't expired with Oracle, work -- work with Oracle to retrieve and download the items that you're licensed to from Customer Connect. you have problems with that, you can work with Oracle in -- in resolving it. Q. A. Q. A. Do you direct them to Change Assistant as a way We -- we might discuss Change Assistant, yes. Anything else that you've discussed with them Yes, in some cases, you know, they -- we give of accomplishing these downloads? We have -- I have mentioned that on a phone call. in the course of this phone call? them -- let them know, you know, these are the -- these are the items, the types that you'll want to be interested in -Q. A. guides. Uh-huh. -- the patches. And then we also mention If

things like PeopleBooks, you know, their -- their user If they don't have original CDs as part of that first bullet item, then, you know, obtain them through -- you know, either by ordering a new set of CDs. And I think -- I think you can download the PeopleBooks also from -- from a customer's Web site.

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