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. 6

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EXHIBIT B-6

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SHELLEY NELSON December 6, 2007 HIGHLY CONFIDENTIAL
Page 59
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 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. )

CASE NO. 07-CV-01658 (MJJ)

"HIGHLY CONFIDENTIAL" ORAL VIDEOTAPED DEPOSITION OF TOMORROWNOW BY AND THROUGH SHELLEY NELSON VOLUME 2 DECEMBER 6, 2007

ORAL VIDEOTAPED DEPOSITION OF SHELLEY NELSON, produced as a witness at the instance of the Plaintiffs and duly sworn, was taken in the above-styled and numbered cause on the 6th day of December, 2007, from 9:10 a.m. to 3:53 p.m., before Dana Richardson, Certified Shorthand Reporter in and for the State of Texas, reported by computerized stenotype machine at the offices of Jones Day, 717 Texas, Suite 3300, Houston, Texas 77002, pursuant to the Federal Rules of Civil Procedure and the provisions stated on the record or attached hereto. Job No. 1603-85363

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SHELLEY NELSON December 6, 2007 HIGHLY CONFIDENTIAL
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Q.

What other materials, then, with that modification

was Titan used to download? A. A -- Titan was coded to download other categories of It -- a lot of those didn't get moved into So, it may have -- they may have downloaded as

materials. production.

part of testing Titan; but they had -- they were working on development of -- of functionality to allow it to download white papers, red papers, upgrade documentation. It was

developed to download solutions, and that did get rolled out for at least one client. That's -- that's all I can recall right now. Q. Let me make sure I understand. So, Titan was

modified or improved to allow for downloading of additional materials beyond simply updates and fixes, including white

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SHELLEY NELSON December 6, 2007 HIGHLY CONFIDENTIAL
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09:29:22 09:29:27 09:29:28 09:29:30 09:29:37 09:29:40 09:29:42 09:29:43 09:29:49 09:29:55 09:29:59 09:30:00 09:30:03 09:30:08 09:30:11 09:30:17 09:30:21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

papers, red papers, upgrade documentation and solutions. that correct so far? A. Q. Correct.

Is

And in at least one case that you recall, it was used

to download materials beyond updates and fixes; and that would be solutions? A. Q. Yes. It was also used to download the other items that you

identified, white papers, red papers, upgrade documentation and solutions, on a test basis, correct? A. Q. From what I understand, yes. And are you aware of any instances in which it was

used to download these other materials, white papers, red papers, upgrade documentation, for a client? A. I'm not -- I'm not aware, for sure, that it -- it

actually got rolled into -- to actually use by our download team.

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