Oracle Corporation et al v. SAP AG et al

Filing 597

Declaration in Support of 595 MOTION to Seal Plaintiffs' Administrative Motion to Permit Plaintiffs To File Under Seal Information Supporting Oracle's Opposition to Defendants' Motion to Compel Declaration of Bree Hann in Support of Plaintiffs' Administrative Motion to Seal filed byOracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Related document(s) 595 ) (Hann, Bree) (Filed on 1/5/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 597

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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 Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., v. Plaintiffs, CASE NO. 07-CV-01658 PJH (EDL) DECLARATION OF BREE HANN IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING ORACLE'S OPPOSITION TO DEFENDANTS' MOTION TO COMPEL

SAP AG, et al., Defendants.

Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF BREE HANN IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING ORACLE'S OPPOSITION TO DEFENDANTS' MOTION TO COMPEL

Dockets.Justia.com

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I, Bree Hann, declare: 1. I am an attorney at law licensed to practice in the State of California and

before this Court, and a partner at Bingham McCutchen LLP, counsel of record for plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. (together, "Oracle" or "Plaintiffs") in this action. I have personal knowledge of the facts stated below by virtue of my representation of Oracle in this action, and, if called as a witness, could competently testify as to them. 2. Pursuant to Civil Local Rule 79-5 and the stipulated Protective Order entered

on June 6, 2007 in this case, I make this Declaration in support of Plaintiffs' Administrative Motion to Permit Plaintiffs to File Under Seal Information Supporting Oracle's Opposition to Defendants' Motion to Compel ("Administrative Motion"). Defendants' Confidential Information 3. At SAP AG, SAP America, Inc., and TomorrowNow, Inc.'s (together,

"Defendants") request, Oracle's Administrative Motion asks that the Court order the sealing of the information identified in Paragraph 4 below. The requested relief is necessary and narrowly tailored to protect the alleged confidentiality of the materials put at issue by Plaintiffs' Opposition to Defendants' Motion to Compel ("Opposition") until such time as Defendants may submit a declaration in accordance with Civil Local Rule 79-5(d), and the Court makes a final ruling as to confidentiality of the relevant subject matter. 4. Specifically, Defendants have requested that Oracle seal: Portions of the

Declaration of Zachary J. Alinder in Support of Oracle's Opposition to Defendants' Motion to Compel ("Alinder Decl.") at ¶ 13 and Exhibit H thereto. Oracle's Confidential Information 5. Through the Administrative Motion, Plaintiffs also request an order from the

Court sealing Oracle's confidential information filed in support of Oracle's Opposition. 6. I have reviewed the documents identified as Exhibits F, G, K, L, P, DD, and

EE to the Alinder Declaration; the specified portions of the Declaration of Jason Rice in Support of Oracle's Opposition to Defendants' Motion to Compel ("Rice Declaration"); and the 2 Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF BREE HANN IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING ORACLE'S OPPOSITION TO DEFENDANTS' MOTION TO COMPEL

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Declaration of Buffy Ransom in Support of Oracle's Opposition to Defendants' Motion to Compel ("Ransom Declaration") and the exhibits thereto. Each of these documents contains nonpublic, commercially-sensitive, private and confidential information, the disclosure of which would create a risk of significant competitive injury and particularized harm and prejudice to Oracle. 7. Oracle has narrowly tailored its request by only requesting redaction or

sealing of the specific documents and information which contain the most commerciallysensitive, private and confidential information. For example, Oracle has not moved to seal lines or paragraphs pulling limited information from the Exhibits it proposes to seal below, and instead has only moved to seal the complete documents, which, as a whole, can cause competitive injury or harm as described in ¶ 7 (a)-(e). The documents and information for which Oracle does request filing under seal are detailed as follows, and contain the specified types of confidential, private and commercially-sensitive information justifying their protection under the sealing rules of this Court, including Rule 26(c), Local Rule 79-5, and the Court's Standing Order Involving Sealed or Confidential Documents: a) Rice Declaration at Paragraph 3, lines 12-17 and Paragraph 6, lines 9-18: These portions of the Rice Declaration contain non-public, commercially-sensitive and confidential technical details regarding the manner in which Oracle's software and support materials are coded, associated, and maintained within Oracle's customer support databases as well as technical details about the functionality of Oracle's customer support databases. Disclosure of such information could grant Oracle's competitors, partners, customers, and other interested parties insight into Oracle's operations that would provide them with an unfair competitive advantage with respect to current and future operations and negotiations. Accordingly, disclosure of such confidential information would create a risk of significant competitive injury and particularized harm and prejudice to Oracle. b) Ransom Declaration at Paragraph 9, lines 18-25 and Exs. A & B: This portion of the Ransom declaration and the accompanying exhibits contain non-public, commerciallysensitive and confidential information regarding terms of a customer's license 3 Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF BREE HANN IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING ORACLE'S OPPOSITION TO DEFENDANTS' MOTION TO COMPEL

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agreements, commercially-sensitive and confidential technical details regarding the manner in which Oracle's software and support materials are coded, associated, and maintained within Oracle's customer support databases, as well as technical details about the functionality of Oracle's customer support databases. Disclosure of such information would grant Oracle's competitors and other interested parties insight into Oracle's internal strategy and customer relationships that would provide them with an unfair competitive advantage with respect to current and future operations and negotiations. Accordingly, the disclosure of this information would create a risk of significant competitive injury and particularized harm and prejudice to Oracle. c) Exhibits F & G to the Alinder Declaration: These Exhibits contain, respectively, an excerpt from a document Bates-labeled TN-OR04217886 and a complete version of TNOR04217886. These Exhibits contain non-public, commercially-sensitive, and confidential technical details regarding software and support materials that Oracle creates for its customers, as well as technical details regarding the manner in which Oracle's software and support materials are coded, associated, and maintained within Oracle's customer support databases. These Exhibits contain documents originally produced by Defendants, but the documents are compilations of detailed information from Oracle's Customer Connection website, which are not publicly available. Disclosure of such information would grant Oracle's competitors, partners, and other interested parties insight into Oracle's operations and products that would provide them with an unfair competitive advantage with respect to current and future operations and negotiations. Accordingly, disclosure of such confidential information would create a risk of significant competitive injury and particularized harm and prejudice to Oracle. d) Exhibits K & L to the Alinder Declaration: These Exhibits contain, respectively, an excerpt from a document bates labeled TN-OR01502369 and a complete version of TNOR01502369. These Exhibits contain non-public, commercially-sensitive, and confidential technical detail regarding software and support materials that Oracle creates for its customers, as well as technical details regarding the manner in which Oracle's 4 Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF BREE HANN IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING ORACLE'S OPPOSITION TO DEFENDANTS' MOTION TO COMPEL

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software and support materials are coded, associated, and maintained within Oracle's customer support databases. These Exhibits contain documents originally produced by Defendants, but the documents are compilations of detailed information from Oracle's Customer Connection website, accessible only to Oracle's customers. Disclosure of such information would grant Oracle's competitors, partners, and other interested parties insight into Oracle's operations that would provide them with an unfair competitive advantage with respect to current and future operations and negotiations. Accordingly, disclosure of such confidential information would create a risk of significant competitive injury and particularized harm and prejudice to Oracle. e) Exhibit P to the Alinder Declaration: Exhibit P contains a series of documents produced by Oracle in this litigation which contain non-public, commercially-sensitive, and confidential technical detail regarding software and support materials that Oracle creates for its customers, as well as technical details regarding the manner in which Oracle's software and support materials are coded, associated, and maintained within Oracle's customer support databases. Disclosure of such information would grant Oracle's competitors, partners, and other interested parties insight into Oracle's operations that would provide them with an unfair competitive advantage with respect to current and future operations and negotiations. Accordingly, disclosure of such confidential information would create a risk of significant competitive injury and particularized harm and prejudice to Oracle. f) Exhibits DD and EE to the Alinder Declaration: These Exhibits to the Alinder Declaration contain non-public, commercially-sensitive and confidential technical detail regarding the structure and use of Oracle's customer support databases, as well as technical details regarding the manner in which Oracle's software and support materials are coded, associated, and maintained within Oracle's customer support databases. Disclosure of such information would grant Oracle's competitors, partners, and other interested parties insight into Oracle's operations that would provide them with an unfair competitive advantage with respect to current and future operations and negotiations. 5 Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF BREE HANN IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING ORACLE'S OPPOSITION TO DEFENDANTS' MOTION TO COMPEL

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Accordingly, disclosure of such confidential information would create a risk of significant competitive injury and particularized harm and prejudice to Oracle.

I declare under the laws of the United States and the State of California that the foregoing is true and correct and that this Declaration was executed on January 5, 2010, in San Francisco, California.

/s/ Bree Hann Bree Hann

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

DECLARATION OF BREE HANN IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING ORACLE'S OPPOSITION TO DEFENDANTS' MOTION TO COMPEL