Oracle Corporation et al v. SAP AG et al

Filing 652

Declaration of Uwe Koehler in Support of 649 MOTION for Partial Summary Judgment filed byOracle International Corporation, Oracle USA Inc.. (Related document(s) 649 ) (Howard, Geoffrey) (Filed on 3/3/2010)

Download PDF
Oracle Corporation et al v. SAP AG et al Doc. 652 Case4:07-cv-01658-PJH Document652 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 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: (415) 393-2000 Facsimile: (415) 393-2286 donn.pickett@bingham.com geoff.howard@bingham.com holly.house@bingham.com zachary.alinder@bingham.com bree.hann@bingham.com DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: (650) 506-4846 Facsimile: (650) 506-7114 dorian.daley@oracle.com jennifer.gloss@oracle.com 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., v. Plaintiffs, CASE NO. 07-CV-01658 PJH (EDL) DECLARATION OF UWE KOEHLER IN SUPPORT OF ORACLE'S MOTION FOR PARTIAL SUMMARY JUDGMENT SAP AG, et al., Defendants. Date: Time: Place: Judge: May 5, 2010 9:00 am 3rd Floor, Courtroom 3 Hon. Phyllis J. Hamilton Case No. 07-CV-01658 PJH (EDL) DECLARATION OF UWE KOEHLER IN SUPPORT OF ORACLE'S MOTION FOR PARTIAL SUMMARY JUDGMENT Dockets.Justia.com Case4:07-cv-01658-PJH Document652 Filed03/03/10 Page2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 I, Uwe Koehler, declare as follows: 1. I am Senior Director Compliance & Risk for Oracle America, Inc., the successor-in-interest to Oracle USA, Inc., in the Global Information Security Group ("GIS"). I have personal knowledge of the facts set forth in this declaration and would competently testify to them if called upon to do so. 2. GIS is the group within Oracle responsible for analyzing and preserving electronic evidence relevant to Oracle internal information security investigations and, at times, related to litigation or threatened litigation involving Oracle. Accordingly, I was closely involved in the investigation of TomorrowNow's access to and downloading from Oracle's Customer Connection computer systems prior to filing the Complaint in this case (the "investigation"). 3. I have reviewed Exhibit 167, which are notes that I prepared prior to my 13 deposition on December 5, 2008. The second page of these notes contain conservative estimates 14 of employee time and other expenses related to the investigation. The employee time and other 15 investigation-related expenses inventoried on the second page of Exhibit 167 all occurred within 16 the first year of the initial discovery of the access and downloading in November of 2006. Just the 17 value of the time that I personally spent on the investigation from the start of the initial discovery 18 of TomorrowNow's downloading in November 2006 to June of 2007 was far above $5000. 19 4. I also reviewed the reverse proxy log files for Oracle's Customer 20 Connection systems prior to my deposition in this matter, and those log files reflect that on certain 21 days between September 2006 and April 2007, TomorrowNow downloaded more bytes of data 22 from Customer Connection and used more computing resources on those computer systems than 23 all other users from the rest of the world combined. From my experience working with GIS and 24 the Customer Connection computer systems, I believe that it is very likely that customers using 25 the Customer Connection systems during these periods of high downloads from TomorrowNow 26 experienced slowness and latency issues. 27 28 2 Case No. 07-CV-01658 PJH (EDL) DECLARATION OF UWE KOEHLER IN SUPPORT OF ORACLE'S MOTION FOR PARTIAL SUMMARY JUDGMENT Case4:07-cv-01658-PJH Document652 Filed03/03/10 Page3 of 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?