Oracle Corporation et al v. SAP AG et al

Filing 641

Declaration of Tharan Gregory Lanier in Support of 640 MOTION for Partial Summary Judgment Defendants' Notice of Motion and Motion For Partial Summary Judgment filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X)(Related document(s) 640 ) (Froyd, Jane) (Filed on 3/3/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 641

Case4:07-cv-01658-PJH Document641

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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 THARAN GREGORY LANIER IN SUPPORT OF DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT SUBMITTED UNDER SEAL Date: May 5, 2010 Time: 9:00 a.m. Courtroom: 3, 3rd Floor Judge: Hon. Phyllis J. Hamilton
DECLARATION OF THARAN GREGORY LANIER ISO DEFENDANTS' MOT. FOR PARTIAL SUMMARY JUDGMENT Case No. 07-CV-1658 PJH (EDL)

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I, THARAN GREGORY LANIER, declare as follows: I am a partner in the law firm of Jones Day, 1755 Embarcadero Road, Palo Alto, California 94303, and counsel of record for Defendants SAP AG, SAP America, Inc. (together, "SAP") and TomorrowNow, Inc. ("TN") (collectively, "Defendants") in the above-captioned matter. I am a member in good standing of the state bar of California and admitted to practice before this Court. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 1. Attached as Exhibit A is a true and correct copy of the following excerpts from

Plaintiffs' Expert Report of Paul K. Meyer: ¶ 20, ¶¶ 72-73, ¶¶ 91-105, ¶¶ 142-143, ¶¶ 150-152, ¶¶ 282-288, ¶¶ 351-355, ¶¶ 402-405, ¶¶ 434-435, and ¶¶ 447-458. 2. Attached as Exhibit B is a true and correct copy of the following excerpts from

Plaintiffs' Expert Report of Paul C. Pinto: 4-6, 43-44. 3. Attached as Exhibit C is a true and correct copy of pages 1, 23, and 206 of

Plaintiffs' Supplemental Responses and Objections to Defendants' Fifth Set of Interrogatories (Database), dated November 11, 2009. 4. Attached as Exhibit D is a true and correct copy of the
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5.

Attached as Exhibit E is a true and correct copy of the following excerpts from the

April 14, 2009 Uyen Ngoc Ann Kishore Deposition: 1, 139:16-23, 142:5-145:14, and 247. 6. Attached as Exhibit F is a true and correct copy of the following excerpts from the

September 25, 2009 Uyen Ngoc Ann Kishore Deposition: 250, 289:25-290:11, 362:17-370:2, 539:12-25. 7. Attached as Exhibit G is a true and correct copy of Exhibit 21.01 to the publicly

filed June 29, 2009 Oracle Corporation Annual Report (Form 10-K). 8. Attached as Exhibit H is a true and correct copy of the following excerpts from
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DECLARATION OF THARAN GREGORY LANIER ISO DEFENDANTS' MOT. FOR PARTIAL SUMMARY JUDGMENT Case No. 07-CV-1658 PJH (EDL)

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9.

Attached as Exhibit I is a true and correct copy of Brief for Respondent-Appellant

in Sarhank Group v. Oracle Corp., 404 F.3d 657 (2d Cir. 2005) (No. 92-9383). 10. Attached as Exhibit J is a true and correct copy of the following excerpts from

Plaintiffs' Third Supplemental and Amended Initial Disclosures, dated November 2, 2009: 1, 4955, 57. 11. Attached as Exhibit K is a true and correct copy of Applied Hydrogel Tech., Inc. v.

Raymedica, Inc., No. 06cv2254 DMS (POR), 2008 WL 5500756 (S.D. Cal. Oct. 7, 2008). 12. Attached as Exhibit L is a true and correct copy of Arabian v. Sony Elec. Inc., No.

05-CV-1741 WGH (NLS), 2007 U.S. Dist. LEXIS 12715 (S.D. Cal. Feb. 22, 2007). 13. Attached as Exhibit M is a true and correct copy of FAS Techs., Ltd. v. Dainippon

Screen Mfg., No. C 00-1879 CRB, 2001 U.S. Dist. LEXIS 15444 (N.D. Cal. Sept. 21, 2001). 14. Attached as Exhibit N is a true and correct copy of Guy v. IASCO, No. B168339,

2004 WL 1354300 (Cal. Ct. App. June 17, 2004). 15. Attached as Exhibit O is a true and correct copy of Quantum Corp. v. Riverbed

Tech., Inc., No. C 07-04161 WHA, 2008 WL 314490 (N.D. Cal. Feb. 4, 2008). 16. Attached as Exhibit P is a true and correct copy of Resdev, LLC v. Lot Builders

Ass'n, Inc., No. 6:04-cv-1374-Orl-31DAB, 2005 U.S. Dist. LEXIS 19099 (M.D. Fla. Aug. 10, 2005). 17. Attached as Exhibit Q is a true and correct copy of Reynoso v. Constr. Protective

Servs., Inc., No. 06-56381, 2008 U.S. App. LEXIS 19681 (9th Cir. Sept. 16, 2008). 18. Attached as Exhibit R is a true and correct copy of Siegel v. Warner Bros. Entm't,

No. CV 04-08400-SGL (RZx), 2009 WL 2014164 (C.D. Cal. July 8, 2009). 19. Attached as Exhibit S is a true and correct copy of Silong v. U.S., No. CV F 06-

0474 LJO DLB, 2007 U.S. Dist. LEXIS 68724 (E.D. Cal. Sept. 5, 2007). 20. Attached as Exhibit T is a true and correct copy of Therasense, Inc. v. Becton,

Dickinson & Co., No. C 04-02123 WHA, 2008 WL 2323856 (N.D. Cal. May 22, 2008). 21. Attached as Exhibit U is a true and correct copy of Tidenberg v. Bidz.com, No.

CV 08-5553 PSG (FMO), 2009 U.S. Dist. LEXIS 21916 (C.D. Cal. Mar. 4, 2009).
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22.

Attached as Exhibit V is a true and correct copy of pages 579 and 1320 of Black's

Law Dictionary (8th ed. 2004). 23. Attached as Exhibit W is a true and correct copy of 1 William Meade Fletcher,

Fletcher Cyclopedia of the Law of Private Corporations § 36. 24. Attached as Exhibit X is a true and correct copy of pages 148-54, 311, 615, and

732-46 of Gordon V. Smith and Russell L. Parr, Intellectual Property Valuation, Exploitation, and Infringement Damages (2005). 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 3rd day of March, 2010 in Palo Alto, California. /s/ Tharan Gregory Lanier Tharan Gregory Lanier

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DECLARATION OF THARAN GREGORY LANIER ISO DEFENDANTS' MOT. FOR PARTIAL SUMMARY JUDGMENT Case No. 07-CV-1658 PJH (EDL)