Oracle Corporation et al v. SAP AG et al

Filing 522

Stipulation and [Proposed] Order Regarding Withdrawal of Defendants' Administrative Motions to Permit Defendants to File Under Seal Plaintiffs' Documents Supporting Defendants' Motion for Partial Summary Judgment and Reply by Oracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Alinder, Zachary) (Filed on 10/26/2009) Modified on 10/27/2009 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 522

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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: [phone] [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: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corp., Oracle EMEA Ltd., and Siebel Systems, Inc.

JONES DAY ROBERT A. MITTELSTAEDT (SBN 060359) JASON McDONELL (SBN 115084) 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] JONES DAY THARAN GREGORY LANIER (SBN 138784) JANE L. FROYD (SBN 220776) 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] JONES DAY SCOTT W. COWAN (Admitted Pro Hac Vice) JOSHUA L. FUCHS (Admitted Pro Hac Vice) 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants. CASE NO. 07-CV-01658 PJH (EDL) STIPULATION AND [PROPOSED] ORDER REGARDING WITHDRAWAL OF DEFENDANTS' ADMINISTRATIVE MOTIONS TO PERMIT DEFENDANTS TO FILE UNDER SEAL PLAINTIFFS' DOCUMENTS SUPPORTING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND REPLY

Case No. 07-CV-01658 PJH (EDL) STIPULATION AND [PROPOSED] ORDER

Dockets.Justia.com

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Plaintiffs Oracle USA, Inc. Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. ("Plaintiffs") and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. ("Defendants," and together with Oracle, the "Parties") jointly submit this Stipulation to withdraw (1) Defendants' Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Documents Supporting Defendants' Motion for Partial Summary Judgment Regarding Plaintiffs' Hypothetical License Damages Claim (Docket #434) and (2) Defendants' Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Information Supporting Defendants' Reply to Plaintiffs' Opposition to Defendants' Motion for Partial Summary Judgment (Docket #505). WHEREAS, on August 26, 2009 (corrective filing on August 27, 2009), Defendants filed their Motion for Partial Summary Judgment Regarding Plaintiffs' Hypothetical License Damages Claim ("Motion for Partial Summary Judgment") (Docket # 447); WHEREAS, on August 26, 2009, Defendants filed an Administrative Motion to File Plaintiffs' Documents Supporting Defendants' Motion for Partial Summary Judgment Under Seal ("Motion to Seal Defendants' Motion for Partial Summary Judgment") (Docket #434). Through the Motion to Seal Defendants' Motion for Partial Summary Judgment, Defendants, at Plaintiffs' request, sought an Order permitting Defendants to file under seal portions of Defendants' Motion for Partial Summary Judgment and portions of Exhibits A, B, C and H attached to the Declaration of Tharan Gregory Lanier in Support of Defendants' Motion for Partial Summary Judgment ("Lanier Declaration") (Docket # 433); WHEREAS, on September 31, 2009, Plaintiffs filed a Response in Support of Defendants' Motion to Seal Defendants' Motion for Partial Summary Judgment (Docket #458). WHEREAS, on September 23, 2009, Plaintiffs filed their Opposition to Defendants' Motion for Partial Summary Judgment Regarding Plaintiffs' Hypothetical [Fair Market Value] License Damages Claim (Docket #483). WHEREAS, on October 7, 2009, Defendants filed their Reply to Plaintiffs' Opposition to Defendants' Motion for Partial Summary Judgment (Docket #504). WHEREAS, on that same day, Defendants filed an Administrative Motion to 2 Case No. 07-CV-01658 PJH (EDL)
STIPULATION AND [PROPOSED] ORDER

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Permit Defendants to File Under Seal Plaintiffs' Information Supporting Defendants' Reply to Plaintiffs' Opposition to Defendants' Motion for Partial Summary Judgment ("Motion to Seal Reply") (Docket #505). Through the Motion to Seal Reply, Defendants, at Plaintiffs' request, sought an Order permitting Defendants to file under seal portions of Defendants' Reply to Plaintiffs' Opposition to Motion for Partial Summary Judgment. In light of subsequent decisions by the Parties to file certain other information publicly, and in deference to the presumption in favor of public access to court records, Plaintiffs no longer contend that Defendants' Motion for Partial Summary Judgment; Exhibits A, B, C and H to the Lanier Declaration; and Defendants' Reply to Plaintiffs' Opposition to Defendants' Motion for Partial Summary Judgment need to be filed under seal. NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their respective counsel of record, that the Parties hereby withdraw Defendants' Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Documents Supporting Defendants' Motion for Partial Summary Judgment Regarding Plaintiffs' Hypothetical License Damages Claim (Docket # 434) and Defendants' Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Information Supporting Defendants' Reply to Plaintiffs' Opposition to Defendants' Motion for Partial Summary Judgment (Docket # 505). IT IS FURTHER STIPULATED that Defendants' Motion for Partial Summary Judgment Regarding Plaintiffs' Hypothetical License Damages Claim; Exhibits A, B, C and H to the Declaration of Tharan Gregory Lanier in Support of Defendants' Motion for Partial Summary Judgment; and Defendants' Reply to Plaintiffs' Opposition to Defendants' Motion for Partial Summary Judgment may be filed publicly, and that the filings shall not be construed as waivers of any confidentiality designation, right to file under seal, or other protection with respect to documents or other information related or similar to, or referred to by, the filed documents. IT IS SO STIPULATED.

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STIPULATION AND [PROPOSED] ORDER

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DATED: October 26, 2009

BINGHAM McCUTCHEN LLP

By:

/s/ Zachary Alinder Zachary Alinder Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corp., Oracle EMEA Ltd., and Siebel Systems, Inc.

In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. DATED: October 26, 2009 JONES DAY

By:

/s/ Tharan Gregory Lanier Tharan Gregory Lanier Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED: DATED: __________________ By: Hon. Phyllis J. Hamilton United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER

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