Oracle Corporation et al v. SAP AG et al

Filing 644

STIPULATION re 643 MOTION to Seal Defendants' Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Documents Supporting Defendants' Motion For Partial Summary Judgment by SAP AG, SAP America Inc, Tomorrownow Inc. (Froyd, Jane) (Filed on 3/3/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 644

Case4:07-cv-01658-PJH Document644

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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.

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., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) STIPULATION TO PERMIT DEFENDANTS TO FILE UNDER SEAL PLAINTIFFS' DOCUMENTS SUPPORTING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT

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STIPULATION IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION Case No. 07-CV-1658 PJH (EDL)

Dockets.Justia.com

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Pursuant to Local Rules 7-11(a) and 79-5(c), Plaintiffs Oracle USA, Inc.,1 Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. ("Plaintiffs") and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. ("Defendants," and together with Plaintiffs, the "Parties") jointly submit this Stipulation to Permit Defendants to File Under Seal Plaintiffs' Documents Supporting Defendants' Motion for Partial Summary Judgment ("Motion for Partial Summary Judgment"). WHEREAS, Defendants filed their Motion for Partial Summary Judgment, along with the Declaration of Tharan Gregory Lanier in Support of Defendants' Motion for Partial Summary Judgment ("Lanier Declaration") and supporting exhibits, on March 3, 2010; WHEREAS, at Plaintiffs' request, Defendants have filed an Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Documents Supporting Defendants' Motion for Partial Summary Judgment; WHEREAS the requested relief is necessary and narrowly tailored to protect the alleged confidentiality of the materials put at issue by the Motion for Partial Summary Judgment until such time as the Court makes a final ruling as to confidentiality of the relevant subject matter. Specifically, the following documents and portions of documents contain information designated by Plaintiffs as "Highly Confidential - Attorneys' Eyes Only": · · The following portions of the Lanier Declaration: portions of ¶ 4, ¶ 8; The following portions of Exhibit A to the Lanier Declaration: portions of ¶¶ 150-152, ¶¶ 284-285, ¶¶ 287-288, ¶ 354, ¶¶ 402-405, ¶¶ 449-450; · · · The following portions of Exhibit B to the Lanier Declaration: portions of 6, 43-44; The entirety of Exhibit D to the Lanier Declaration; The following portions of Exhibit E to the Lanier Declaration: 139:16-23, 142:5145:14;

As Plaintiffs note in their own moving papers, Oracle contends that Oracle's recent acquisition of Sun Microsystems, Inc. has resulted in certain limited changes to Oracle's corporate structure, including that Oracle America, Inc. has assumed all of plaintiff Oracle USA, Inc.'s rights and obligations.
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The following portions of Exhibit F to the Lanier Declaration: 289:25-290:11, 362:17370:2;

· ·

The entirety of Exhibit H to the Lanier Declaration; The following portions of the Declaration of Elaine Wallace in Support of Defendants' Fed. R. Evid. 1006 Summary of Evidence ("Wallace Declaration"): portions of ¶¶ 2-5;

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The entirety of Exhibit 1 to the Wallace Declaration; and The following portions of the Motion for Partial Summary Judgment: portions of 2:1516, 4:8-13, 4:19, 4:21-28, 5:1-5, 9:15-17, 10:16, 11:10.

Additionally, the following documents and portions of documents contain information designated by Plaintiffs as "Confidential Information": · · The following portions of Exhibit A to the Lanier Declaration: ¶ 20 (Table 1); and The following portions of Exhibit E to the Lanier Declaration: 1, 247.

NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their respective counsel of record, that Defendants be permitted to move for permission to file under seal portions of the Motion for Partial Summary Judgment, as well as portions of declarations and exhibits in support thereof, as described above. The Parties further agree that Defendants reserve their rights to challenge the confidentiality of the information filed under seal pursuant to this Stipulation. While the Parties agree that portions of the Motion for Partial Summary Judgment may be publicly filed, the Parties also agree that the filing shall not be construed as a waiver of any confidentiality designation or other protection with respect to documents, transcripts, or other information referred to in, or that serve as the basis for, the allegations or arguments made in it. IT IS SO STIPULATED.

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DATED: March 3, 2010

JONES DAY

By: /s/ Tharan Gregory Lanier Tharan Gregory Lanier Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. DATED: March 3, 2010 BINGHAM McCUTCHEN LLP

By:

/s/ Geoffrey M. Howard Geoffrey M. Howard

Attorneys for Plaintiffs ORACLE USA, INC., ORACLE INTERNATIONAL CORPORATION, ORACLE EMEA LIMITED, and SIEBEL SYSTEMS, INC.

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