Oracle Corporation et al v. SAP AG et al

Filing 496

Declaration of Werner Brandt in Support of 495 Response in Support, Declaration of Werner Brandt in Support of Plaintiffs' Administrative Motion to Permit Plaintiffs to File Under Seal Defendants' Information Supporting Plaintiffs' Opposition to Defendants' Motion For Partial Summary Judgment filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Related document(s) 495 ) (Lanier, Tharan) (Filed on 9/30/2009)

Case4:07-cv-01658-PJH Document496
Oracle Corporation et al v. SAP AG et al

Filed09/30/09 Page1 of 3

Doc. 496

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Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY
555 California Street, 2 6th Floor San Francisco, CA 9 4 \ 0 4

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Telephone: (415) 6 2 6 - 3 9 3 9 Facsimile: [phone] [e-mail]
[e-mail] [e-mail] Tharan Gregory Lanier ( S B N 138784) Jane L. Froyd (SBN 220776)

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JONES DAY

1755 Embarcadero Road
Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone]
[e-mail] [e-mail]

Scott W. Cowan (Admitted P r o Hac Vice) Joshua L. Fuchs (Admitted P r o Hac Vice)

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JONES DAY
7 1 7 T e x a s , Suite 3 3 0 0 Houston, TX 7 7 0 0 2

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Telephone: Facsimile:

[phone] [phone]

[e-mail] [e-mail]
A t t o r n e y s for D e f e n d a n t s

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SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA O A K L A N D DIVISION ORACLE USA, INC., et aI., Case No. 07-CV-1658 PJH (EDL) DECLARATION OF WERNER BRANDT IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE M O T I O N T O P E R M I T PLAINTIFFS T O FILE U N D E R S E A L D E F E N D A N T S ' INFORMATION SUPPORTING PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION F O R P A R T I A L SUMMARY J U D G M E N T
D E C L A R A T I O N OF WeRNER B R A N D T I S O O F A D M I N I S T R A T I V E M O T I O N T O SEAL Case No. 0 7 - C V - 1 6 5 8 PJH (EDL)

Plaintiffs,
v.

SAP AG, et aI.,

Defendants.

SVI-72743vl

Dockets.Justia.com

Case4:07-cv-01658-PJH Document496

Filed09/30/09 Page2 of 3

I, WERNER BRANDT, declare as follows:
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I am the C h i e f Financial Officer o f SAP AG and a member o f its Executive Board.

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1 have personal knowledge o f the facts stated in this declaration and could competently testify to them ifrequired.
2.

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Exhibit 4 4 to the Declaration o f Paul K. Meyer in Support o f Plaintiffs' Opposition

to Defendants' Motion for Partial Summary Judgment ( " M e y e r Declaration") is an excerpt from an SAP document entitled "SAP AG, Fair Value o f Certain Assets, Liabilities and Legal Entities o f Business Objects S.A. As o f January 21, 2008." Exhibit 44 contains non-public, commercially sensitive and confidential information, the disclosure o f whieh would create a risk o f significant competitive injury and particularized harm and prejudice to SAP. Specifically, Exhibit 44 consists o f a non-public October 5, 2008 analysis by Dcloitte Financial Advisory Services LLP o f the fair value o f certain assets and liabilities o f Business Objects S.A., which SAP acquired on January 21, 2008. Disclosure o f this information would grant S A P ' s competitors, partners, customers, future acquisition targets, and other interested parties insight into S A P ' s internal assessments, strategy and operations, providing them with an unfair competitive advantage over SAP with respect to current and future operations and negotiations. Additionally, disclosure o f this internal and highly-sensitive information about the value o f the assets and liabilities o f a recent acquisition could potentially affect stock values. This document is treated as confidential within SAP. 1 also understand that Defendants have protected Exhibit 44 from improper public disclosure through the Stipulated Protective Order ("Protective Order") that is designed to prevent the parties' private, commercial information from being improperly disclosed. Under the terms o f the Protective Order, Defendants have designated Exhibit 44 " H i g h l y C o n f i d e n t i a l - Attorneys'

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Eyes Only."
3. I have also reviewed portions o f Plaintiffs' Opposition to Defendants' Motion for

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Partial Summary Judgment Regarding Plaintiffs' Hypothetical [Fair Market Value] License Damages ("Opposition") at 22: 13-14 and portions o f the Declaration o f Lawrence Ellison in support at 3:21-23, which both reference payments made by SAP t o Oracle pursuant to the parties' database reseller agreement. Information regarding the amount SAP has paid to Oracle
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D E C L A R A T I O N O f W E R N E R B R A N D T ISO O F A D M I N I S T R A T I V E MOTION T O S E A L Case No. 0 7 · C V · 1 6 5 8 PJH (EDL)

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over the last seven years pursuant to the ongoing database reseller agreement comprises non2 3 4 5 6 7 8 9 10 II 12 public, commercially sensitive and confidential infonnation, the disclosure o f which would create a risk o f significant competitive injury and particularized harm and prejudice to SAP. In particular, disclosure o f the royalty payments SAP has paid to Oracle over the last seven years would impact o t h e r reseUer relationships SAP maintains with other database vendors. Permitting S A P ' s other database partners access t o information regarding the price SAP pays to license Oracle database technology would provide these entities with an unfair competitive advantage with respect to future negotiations regarding their ongoing database licenses with SAP. SAP treats the amount it has paid Oracle in royalties pursuant to the parties' database reseller agreement a s confidential and does not permit public disclosure o f this infonnation. I declare under penalty o f perjury under the laws o f the United States and the State o f California that the foregoing is true and correct. Executed this 3 0 day o f September, 2009 in Walldorf, G e r m a n y .

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DECLARATION OF WERNER BRANDT ISO OF

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ADMINISTRATIVE MOTION TO SEAL
Case No. 01-CV-16581'J11