Oracle Corporation et al v. SAP AG et al

Filing 602

Declaration of Catherine Hyde in Support of 599 Memorandum in Opposition, to Oracle's Motion to Modify the Protective Order and to Compel Deposition Testimony and Further Responses to Requests for Admission filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Signature Page (Declarations/Stipulations))(Related document(s) 599 ) (McDonell, Jason) (Filed on 1/5/2010)

Oracle Corporation et al v. SAP AG et al

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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 ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) DECLARATION OF CATHERINE HYDE

DECLARATION OF CATHERINE HYDE Case No. 07-CV-1658 PJH (EDL)

Dockets.Justia.com

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I, Catherine Hyde, declare as follows: 1. I am a former TomorrowNow, Inc. employee. I have personal knowledge of the

facts stated in this declaration and could competently testify to them if required. 2. I was employed by TomorrowNow as a developer for the PeopleSoft product lines

from October 2002 through October 31, 2008. As a developer, I was involved in the development, and to a limited extent the testing, of objects that were included in fixes and updates that were delivered to TomorrowNow customers. 3. As a developer at TomorrowNow, I used and understood the term object to

generally refer to file-based objects, online objects, and/or data files. File based objects include items such as .sqr, .sqc and COBOL files. Online objects include items such as fields, records, pages, and menus. 4. For the HRMS PeopleSoft product lines at TomorrowNow, objects were

developed or modified to correct identified and reported issues. The identified and reported issues that affected one or more of TomorrowNow's customers were tracked in a TomorrowNowcreated database, referred to as the SAS database, and those records were generally referred to as master fixes. 5. Both fixes and master fixes, as those terms were commonly used at

TomorrowNow, were not the items actually being developed and tested. At TomorrowNow, a fix was the container that contained one or more objects that, grouped together, were the solution for a defined problem. The specific name given to any particular fix container for a specific customer included a reference to the broader master fix record. The objects contained within the fix container were the actual items on which development and testing work was done. 6. Additionally, at TomorrowNow, updates were referred to and described as a group

of fixes (with each fix containing one or more objects) which were delivered together. Updates were also referred to as bundles. 7. While TomorrowNow employees might have generally referred to fixes and

updates as what was delivered to customers, in order to know what was done to create the items inside the fix container, one would have to analyze the development and testing history of each -1DECLARATION OF CATHERINE HYDE Case No. 07-CV-1658 PJH (EDL)

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object inside the given fix. One would not be able to tell anything about the development history by analyzing the container (i.e., fix) itself. 8. While employed at TomorrowNow, I do not recall TomorrowNow employees

commonly, if at all, using the phrase "generic environment." I am not aware of that phrase having any one specific or common meaning at TomorrowNow. 9. I declare under the penalty of perjury that the above facts are based on my personal

knowledge and are true and correct. This Declaration was executed on January __, 2010, at Atlanta, Georgia.

Catherine Hyde

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DECLARATION OF CATHERINE HYDE Case No. 07-CV-1658 PJH (EDL)