Oracle Corporation et al v. SAP AG et al

Filing 642

Declaration of Elaine Wallace 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 1)(Related document(s) 640 ) (Froyd, Jane) (Filed on 3/3/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 642

Case4:07-cv-01658-PJH Document642

Filed03/03/10 Page1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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 ELAINE WALLACE IN SUPPORT OF DEFENDANTS' FED. R. EVID. 1006 SUMMARY OF EVIDENCE SUBMITTED UNDER SEAL Date: May 5, 2010 Time: 9:00 am Courtroom: 3, 3rd Floor Judge: Hon. Phyllis J. Hamilton
WALLACE DECLARATION ISO DEFENDANTS' FED R. EVID. 1006 SUMMARY OF EVIDENCE Case No. 4:07-CV-1658 PJH (EDL)

SFI-629736v1

Dockets.Justia.com

Case4:07-cv-01658-PJH Document642

Filed03/03/10 Page2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, ELAINE WALLACE, declare: I am an associate with the law firm of Jones Day and counsel 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. Nothing in this declaration is intended to waive, or should be construed as a waiver of, the attorney-client privilege or attorney work product immunity. 1. I personally prepared the document entitled Defendants' Fed. R. Evid. 1006

Summary of Evidence in Support of Motion for Partial Summary Judgment ("Rule 1006 Summary"), attached hereto as Exhibit 1. 2. The Rule 1006 Summary summarizes information from three sources.

REDACTED

3.

The second source of information in the Rule 1006 Summary consists of

REDACTED

4.

The third source of information in the Rule 1006 Summary is a
REDACTED

5.
SFI-629736v1

Collectively, these three sources comprise information relating REDACTED -1WALLACE DECLARATION ISO DEFENDANTS' RULE 1006 SUMMARY OF EVIDENCE Case No. 4:07-CV-1658 PJH (EDL)

Case4:07-cv-01658-PJH Document642

Filed03/03/10 Page3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
SFI-629736v1

REDACTED

that is too voluminous to be conveniently examined by the

Court and that is more conveniently presented in the form of a summary chart. All of the source documents were produced by Plaintiffs and thus are available to them for examination. Additionally, Defendants would be happy to provide at the Court's request the documents upon which Defendants' Rule 1006 Summary is based. 6. I personally prepared the Rule 1006 Summary following a thorough review of the

relevant information contained in the sources described above. I believe the Rule 1006 Summary to be an accurate summary of the information contained in the relevant portions of the documents on which it is based. 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 San Francisco, California. /s/ Elaine Wallace Elaine Wallace

-2-

WALLACE DECLARATION ISO DEFENDANTS' RULE 1006 SUMMARY OF EVIDENCE Case No. 4:07-CV-1658 PJH (EDL)