Oracle Corporation et al v. SAP AG et al

Filing 608

Declaration of Mark White in Support of 607 Response in Support of Plaintiffs' Administrative Motion to Permit Plaintiffs' to File Under Seal Information Supporting Oracle's Opposition to Defendants' Motion to Compel filed by SAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Signature Page (Declarations/Stipulations))(Related document(s) 607 ) (Delahunty, Patrick) (Filed on 1/11/2010) Modified on 1/12/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 608

Case4:07-cv-01658-PJH Document608

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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 MARK WHITE IN SUPPORT OF DEFENDANTS' RESPONSE TO PLAINTIFFS' ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING ORACLE'S OPPOSITION TO DEFENDANTS MOTION TO COMPEL Date and Time: N/A Courtroom: E, 15th Floor Judge: Hon. Elizabeth D. Laporte
WHITE DECL. ISO DEFS' RESPONSE TO PLAINTIFFS' ADMIN. MOTION Case No. 07-CV-1658 PJH (EDL)

SFI-627486v1

Dockets.Justia.com

Case4:07-cv-01658-PJH Document608

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I, MARK WHITE, declare: I am the Chief Financial Officer of SAP America, Inc. and a member of the TomorrowNow, Inc. Board of Directors, both Defendants in this case. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 1. I am familiar with the information contained in Exhibit H to the Declaration of

Zachary J. Alinder in Support of Oracle's Opposition to Defendants' Motion to Compel ("Exhibit H"). Exhibit H reflects portions of the TomorrowNow Operations Wind Down Final Report, which I helped prepare. At the time this document was prepared, it was intended to be non-public and confidential, and SAP has continued to take steps to protect the confidential information it contains. Exhibit H reflects information about the effort to wind down operations at TomorrowNow, including details about specific customers' contracts with TomorrowNow and the ongoing legal structure of TomorrowNow. Public release of this information could adversely effect SAP's future bargaining position with customers and provide competitive advantage to SAP's business competitors. Because of the competitively sensitive information contained in the document, the disclosure of it could likely cause competitive and business injury. 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 _______ day of January 2010 in Newtown Square, Pennsylvania.

____________________________ Mark White

SFI-627486v1

WHITE DECL. ISO DEFS' RESPONSE TO PLAINTIFFS' ADMIN. MOTION Case No. 07-CV-1658 PJH (EDL)