Oracle Corporation et al v. SAP AG et al

Filing 514

Proposed Order re 512 MOTION to Compel Production of Damages-Related Documents and Information by Oracle USA Inc.. (House, Holly) (Filed on 10/20/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 514

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BINGHAM MCCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) ZACHARY J. ALINDER (SBN 209009) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: 415.393.2286 [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: 650.506.7114 [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Oracle EMEA Limited UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ORACLE USA, INC. et al, v. Plaintiffs, No. 07-CV-01658 PJH (EDL) [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DAMAGES-RELATED DOCUMENTS AND INFORMATION

SAP AG, et al., Defendants.

Case No. 07-CV-01658 PJH (EDL)

[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL
Dockets.Justia.com

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After considering the pleadings and memoranda submitted by the Parties and supporting papers, and having heard the arguments of counsel, IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel Production of Damages-Related Documents and Information in the above-named action is GRANTED as follows: 1. Within 15 days of the date of this Order, Defendants shall produce

documents sufficient to show research and development: (a) expenses for SAP applications and support and TN support broken out (1) by product line to the extent available and (2) by function with the greatest detail available, plus accompanying explanatory presentations and analyses for the time period from January 1, 2004 through October 31, 2008; and (b) employee headcount for SAP applications and support and TN support broken out (1) by product line to the extent available and (2) by function with the greatest detail available, plus accompanying explanatory presentations and analyses for the time period from January 1, 2004 through October 31, 2008. 2. Within 15 days of the date of this Order, Defendants shall provide a

supplemental response to Interrogatory 69 from Plaintiffs' Fourth Set of Interrogatories to Defendant TomorrowNow, Inc. and Third Set of Interrogatories to Defendants SAP AG and SAP America, Inc. The supplement shall detail any available analyses, projections, models, calculations, or other valuations by Defendants relating to licensing later versions of a product or licensing different products to a specific customer or categories of customers. 3. Within 15 days of the date of this Order, Defendants shall produce

complete copies, including all terms, conditions, exhibits, appendices, attachments, and/or incorporated documents, of the three licenses, executed or in effect in the last five years, pursuant to which SAP AG and/or SAP America has been paid the largest overall sum of money for grants by SAP AG and/or SAP America to any Person for the use of SAP's Intellectual Property and of the three licenses, executed or in effect in the last five years, pursuant to which SAP AG and/or SAP America has paid the largest overall sum of money for grants of other Persons' Intellectual Property. 1
Case No. 07-CV-01658 PJH (EDL)

[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL

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4.

Within 15 days of the date of this Order, Defendants shall produce:

(a) for SAP AG and SAP America, Inc., quarterly income statement, balance sheet and trial balance reports for the period January 1, 2002 through October 31, 2008; The income statement and balance sheet reports shall be the most detailed reports that Defendants' reporting systems can produce; and (b) with respect to Plaintiffs' infringer's profits claim, any other evidence of deductible expenses and elements of profit attributable to factors other than the copyrighted work that Defendants may rely upon.

DATED: _______________, 2009 Hon. Elizabeth D. Laporte United States Magistrate Judge

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[PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL