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. 9

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EXHIBIT C-2

Dockets.Justia.com

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EDWARD ABBO June 29, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 1
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. ______________________________

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 07-CV-1658 (PJH)

VIDEOTAPED DEPOSITION OF EDWARD ABBO _________________________________ MONDAY, JUNE 29, 2009

HIGHLY

CONFIDENTIAL - ATTORNEYS' EYES ONLY

REPORTED BY:

HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-420746)

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Q.

And then you -- then you say, you assume

that the customer, Pomeroy is augmenting rather than replacing its existing support with test services from TomorrowNow. What's your reference to test services? A. Well, again, I -- you know, and when I

reread this article today, I notice -- let me see where I keyed that from. Q. Is it down in the -- almost the last

paragraph there on the page you're look at, on page -2 of 3? A. Yeah. TomorrowNow set up a test

environment at its own site that mirrored Pomeroy's. That way, when the solution was ready, it was straightforward to implement on Pomeroy's systems. Q. So is that what you're referencing in your

email to Holger here?

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A.

Yeah, I -- and again, this is me

speculating what may be going on, because I hadn't really talked to Pomeroy, nor had I any interaction with TomorrowNow. But I was interpreting from this article that they -- you know, we were -- Oracle is the only organization that can actually produce the fix to the IE browser change, and what possibly Pomeroy was having TomorrowNow do was to test that fix before they took it. Q. Presumably, at the test environment that

this article references that TomorrowNow had set up at its own site that mirrored Pomeroy's. A. That's -MS. HOUSE: THE WITNESS: MR. COWAN: on your part. Q. Lacks foundation. -- again, all speculative. Well, you say speculative Correct?

But this is what you were reading Right? I read that in the article

back then in this article. A. That's correct.

and made some -- what's the right term -conjectures that I put down on this note.

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CERTIFICATE OF REPORTER I, HOLLY THUMAN, a Certified Shorthand Reporter, hereby certify that the witness in the foregoing deposition was by me duly sworn to tell the truth, the whole truth, and nothing but the truth in the within-entitled cause; That said deposition was taken down in shorthand by me, a disinterested person, at the time and place therein state, and that the testimony of said witness was thereafter reduced to typewriting, by computer, under my direction and supervision; That before completion of the deposition review of the transcript [X] was [] was not requested. requested, any changes made by the deponent (and provided to the reporter) during the period allowed are appended hereto. I further certify that I am not of counsel or attorney for either or any of the parties to the said deposition, nor in any way interested in the event of this cause, and that I am not related to any of the parties thereto. If

DATED:______________________ ____________________________ HOLLY THUMAN, CSR

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July 6, 2009 EDWARD ABBO c/o: HOLLY HOUSE, Attorney at Law BINGHAM McCUTCHEN Three Embarcadero Center San Francisco, California 94111 RE: Oracle vs. SAP AG, et al. Dear Mr. Abbo: Please be advised that the original transcript of your deposition taken June 29, 2009 in the above-entitled matter is available for reading and signing. The original transcript will be held at the offices of: Merrill Legal Solutions 135 Main Street, 4th Floor San Francisco, CA 94105 [phone] for thirty (30) days in accordance with Federal Rules of Civil Procedure Section 30(e). If you do not sign your deposition within 30 days, it may be used as fully as though signed. If you are represented by counsel in this matter, you may wish to ask your attorney how to proceed. If you are not represented by counsel and wish to review your transcript, please contact our office for a mutually convenient appointment to review your deposition. Thank you for your cooperation in this matter. Sincerely yours, Holly Thuman, CSR 6834 cc: Original Transcript All counsel

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