Oracle Corporation et al v. SAP AG et al

Filing 567

Declaration of Scott Cowan in Support of 566 MOTION to Compel Redacted Defendants' Motion to Compel Redacted Declaration of Scott Cowan in Support of Defendants' Motion to Compel (with Appendices) filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit A-I, # 2 Exhibit J-O, # 3 Exhibit P-R)(Related document(s) 566 ) (Cowan, Scott) (Filed on 12/11/2009)

Oracle Corporation et al v. SAP AG et al

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. SAP AG, et al., Defendants. ORACLE CORPORATION, et al., Plaintiffs, Case No. 07-CV-1658 PJH (EDL) DECLARATION OF SCOTT W. COWAN IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL EXHIBITS A, C, F, G, H, K AND APPENDIX 5 REDACTED
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Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 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

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Based on my personal knowledge, information and belief, I, Scott W. Cowan, declare: 1. Attached as Appendix "1" to this Declaration is a true and correct restatement of

Oracle's Responses and Objections to Defendant TomorrowNow, Inc.'s First Set of Document Requests, Nos. 43 and 44. 2. Attached as Appendix "2" to this Declaration is a true and correct restatement of

Oracle's Responses and Objections to Defendant TomorrowNow, Inc.'s First Set of Document Requests, Nos. 45. 3. Attached as Appendix "3" to this Declaration is a true and correct restatement of

Oracle's Responses and Objections to Defendant TomorrowNow, Inc.'s First Set of Document Requests, Nos. 47. 4. Attached as Appendix "4" to this Declaration is a true and correct restatement of

Oracle's Responses and Objections to Defendant TomorrowNow, Inc.'s First Set of Document Requests, Nos. 51. 5. Attached as Appendix "5" to this Declaration is a true and correct restatement of

Plaintiffs' Responses and Objections to TomorrowNow's First Set of Interrogatories, No. 7. 6. Attached as Appendix "6" to this Declaration is a true and correct restatement of

relevant portions of Defendants' November 17, 2007, December 12, 2007, January 28, 2008, June 16, 2009, July 14, 2009, November 6, 2009 and November 17, 2009 letters to Plaintiffs. 7. Attached as Exhibit A are true and correct copies of excerpts from the following

deposition transcript: (1) December 4, 2009 Deposition of Jason Rice, at 5:22-6:3, 11:1-13:22, 60:10-25; 67:25-69:14, 77:2-19. 8. Attached as Exhibit B are true and correct copies of an excerpt from the

September 14, 2007 Plaintiffs' Responses and Objections to TomorrowNow, Inc.'s First Set of Document Requests, Responses to Request Nos. 43, 44-45, 47, 51 and October 26, 2007 Plaintiffs' Supplemental Responses and Objections to TomorrowNow, Inc.'s First Set of Document Requests, Responses to Request Nos. 44, 47. 9. Attached as Exhibit C are true and correct copies of excerpts from the December

4, 2009 Plaintiffs' Fifth Amended and Supplemental Responses and Objections to 2
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TomorrowNow, Inc.'s First Set of Interrogatories, Response to Interrogatory No. 7. 10. Attached as Exhibit D is true and correct copy of an excerpt from the February 13,

2008 hearing transcript before Hon. Charles A. Legge (Ret.), at 22:25-34:20. 11. Attached as Exhibit E is a true and correct copy of the February 22, 2008 Report

and Recommendations Re: Discovery Hearing No. 1, Dkt. 66. 12. Attached as Exhibit F is a true and correct copy of a physical CD containing a

spreadsheet produced by Plaintiffs on November 16, 2009 and labeled as ORCLX-MAN-000016. 13. 932. 14. exhibit 935. 15. Attached as Exhibit I is a true and correct copy of excerpts from the August 4, Attached as Exhibit H is a true and correct copy of Defendants' deposition Attached as Exhibit G is a true and correct copy of Defendants' deposition exhibit

2009 Transcript of Proceedings before Judge Laporte, at 33:14-22, 35:12-14 16. Attached as Exhibit J is a true and correct copy of the October 13, 2009 letter

from Zac Alinder to Scott Cowan and Jason McDonell. 17. Attached as Exhibit K is a true and correct copy of Plaintiffs' privilege and

redaction log entries dated from February 13, 2007 through March 16, 2007. 18. Attached as Exhibit L is a true and correct copy of a November 19, 2007 Letter

from Jason McDonell to Geoff Howard. 19. Attached as Exhibit M is a true and correct copy of a December 12, 2007 Letter

from Jason McDonell to Geoff Howard. 20. Attached as Exhibit N is a true and correct copy of a January 28, 2008

Defendants' Letter Brief to Hon. Charles A. Legge (Ret.) regarding Motion to Compel No. 1. 21. Attached as Exhibit O is a true and correct copy of a June 16, 2009 Letter from

Jason McDonell to Holly House. 22. Attached as Exhibit P is a true and correct copy of July 14, 2009 Defendants'

Opposition to Plaintiffs' Motion to Compel Production of Documents Related to Damages Model and Interrogatory Responses Related to Use of Plaintiffs' Intellectual Property, Dkt. 334. 3
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23.

Attached as Exhibit Q is a true and correct copy of a November 6, 2009 Letter

from Scott Cowan to Zac Alinder. 24. Attached as Exhibit R is a true and correct copy of a November 17, 2009 Letter

from Elaine Wallace to Geoff Howard. 25. I have personally participated in numerous communications with counsel for

Plaintiffs to attempt to resolve Defendants' outstanding requests for all of the download-toproduct mapping information in Plaintiffs' possession, custody and control. Those communications are evidenced, in part, by the Exhibits attached to this declaration, and also include numerous telephone communications with Plaintiffs' counsel on this issue. Plaintiffs continue to maintain that they have timely produced all download-to-product mapping information in Plaintiffs' possession custody and control. Especially in light of the December 4, 2009 testimony of Jason Rice, Defendants respectfully disagree. Thus, the download-to-product mapping issue has been joined for this motion. I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed this 11th day of December, 2009 in Houston, Texas.

/s/ Scott W. Cowan Scott W. Cowan

HUI-121980v1

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