Oracle Corporation et al v. SAP AG et al

Filing 572

EXHIBITS re 571 Declaration in Support, of Chad Russell filed byOracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H, # 4 Exhibit I, # 5 Exhibit J, # 6 Exhibit K, # 7 Exhibit L, # 8 Exhibit M)(Related document(s) 571 ) (Russell, Chad) (Filed on 12/11/2009)

Oracle Corporation et al v. SAP AG et al

Doc. 572 Att. 3

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EXHIBIT I

Dockets.Justia.com

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JOHN M. BAUGH February 6, 2008 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 1
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 07-CV-01658 (MJJ) ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation, Plaintiffs, v. SAP AG, a German corporation, SAP AMERICA, INC., a Delaware corporation, TOMORROWNOW, INC., a Texas corporation, and DOES 1-50, inclusive, Defendants. ______________________________________________________ VIDEOTAPE RULE 30(b)(6) DEPOSITION OF: JOHN M. BAUGH - February 6, 2008 TomorrowNow, Inc. (Highly Confidential - Attorneys' Eyes Only) ______________________________________________________ PURSUANT TO NOTICE, the Videotape Rule 30(b)(6) deposition of JOHN M. BAUGH was taken on behalf of the Plaintiffs at 1700 Lincoln Street, Suite 4100, Denver, Colorado 80203, on February 6, 2008, at 1:17 p.m., before Sandra L. Bray, Registered Diplomate Reporter, Certified Realtime Reporter, and Notary Public within Colorado.

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JOHN M. BAUGH February 6, 2008 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 27

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Q.

Did you build any of the generic

environments that were used as part of the retrofit service offering? A. Q. I don't recall if I did. Do you know who did build any of those

generic environments that were used as part of the retrofit service offering? A. Q. A. Q. A. Yes. Who was that? Andrew Nelson was one person. Anybody else? Catherine Hyde.

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JOHN M. BAUGH February 6, 2008 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 28 14:00:51 14:00:55 14:00:57 14:01:02 14:01:06 1 2 3 4 5
that. Q. Anybody else that you know who was

responsible for building the generic environments that were used as part of the retrofit service offering? A. Not that I could be sure that they did

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JOHN M. BAUGH February 6, 2008 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 29

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Q.

Well, all together.

Thinking about all

of the generic environments that were used for retrofit service offerings, how many total environments did that include? A. I'm not sure. I would have to review my

documentation. Q. Can you estimate, ballpark approximately

how many it might have been or within a range?

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JOHN M. BAUGH February 6, 2008 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 30 14:03:54 14:03:58 14:03:58 14:04:00 14:04:07 14:04:12 14:04:15 14:04:17 14:04:22 1 2 3 4 5 6 7 8 9
A. I really can't. I'd want to look at my

documentation. Q. A. What documentation would that be? Documentation that was provided in

preparation for this deposition. Q. would be? A. Documentation located in our SAS Can you be more specific about what that

databases and documentation in our BakTrak database. Q. And is there a view, as it's used in SAS

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database terminology, that would show these generic environments that were used that you could refer to? A. them, yes. Q. How would you describe that view if you I think there is a view that does show

were trying to tell somebody where to look in the SAS database? A. I don't remember the exact path without

having the database in front of me, but in general, I think it would be the SAS Enterprise database, and then there's a support view -- view by client support type. I don't know if it's the exact name, but you

can look at the or view the environments by type of support. Q. What would be the indicator by type of

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JOHN M. BAUGH February 6, 2008 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 31 14:05:49 14:05:54 14:05:57 14:05:59 14:06:03 1 2 3 4 5
support for these generic environments that were used for the retrofit service offering that you've been describing? A. They would fall into the category of

extended support clients.

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Q.

Any other databases that you asked her

about other than the DAT databases? A. generic name. Q. A. Q. Which database is that? It's the HR751CSS database. What did you ask her and what did she We discussed one database that has a

say about that database? MR. FUCHS: Objection, form.

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A. Q. A. Could you please restate the question? What did you ask about that database? I basically asked -- discussed whether

or how this database was currently used. Q. A. What did she say? She said there was still or -- there was

four clients being supported on this database. Q. A. Did she say who the clients were? Those clients are Advanced Auto Parts,

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Bear Sterns, Heritage Valley Health Care, and Universal City Studios, I think it is. Q. How are those clients being supported

using the HR751CSS database? A. Q. For regulatory updates. Are you saying all of these four clients

are as of now being supported out of this one database? A. Q. Correct. When we use the term "database

HR751CSS," is that the same as an environment? A. Q. Yes. So this is a continuing example of using

a generic environment to support multiple customers; is that right? A. Yes.

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