Oracle Corporation et al v. SAP AG et al

Filing 657

Declaration of Zachary J. Alinder in Support of 649 MOTION for Partial Summary Judgment filed byOracle International Corporation, Oracle USA Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54 - 1, # 55 Exhibit 54 - 2, # 56 Exhibit 55, # 57 Exhibit 56, # 58 Exhibit 57, # 59 Exhibit 58, # 60 Exhibit 59, # 61 Exhibit 60, # 62 Exhibit 61, # 63 Exhibit 62, # 64 Exhibit 63, # 65 Exhibit 64, # 66 Exhibit 65, # 67 Exhibit 66, # 68 Exhibit 67, # 69 Exhibit 68, # 70 Exhibit 69, # 71 Exhibit 70, # 72 Exhibit 71, # 73 Exhibit 72, # 74 Exhibit 73, # 75 Exhibit 74, # 76 Exhibit 75, # 77 Exhibit 76, # 78 Exhibit 77, # 79 Exhibit 78, # 80 Exhibit 79, # 81 Exhibit 80, # 82 Exhibit 81, # 83 Exhibit 82, # 84 Exhibit 83, # 85 Exhibit 84, # 86 Exhibit 85, # 87 Exhibit 86, # 88 Exhibit 87, # 89 Exhibit 88, # 90 Exhibit 89, # 91 Exhibit 90, # 92 Exhibit 91, # 93 Exhibit 92, # 94 Exhibit 93, # 95 Exhibit 94, # 96 Exhibit 95, # 97 Exhibit 96, # 98 Exhibit 97, # 99 Exhibit 98, # 100 Exhibit 99, # 101 Exhibit 100, # 102 Exhibit 101, # 103 Exhibit 102, # 104 Exhibit 103, # 105 Exhibit 104, # 106 Exhibit 105, # 107 Exhibit 106, # 108 Exhibit 107, # 109 Exhibit 108, # 110 Exhibit 109, # 111 Exhibit 110, # 112 Exhibit 111, # 113 Exhibit 112, # 114 Exhibit 113, # 115 Exhibit 114, # 116 Exhibit 115, # 117 Exhibit 116, # 118 Exhibit 117)(Related document(s) 649 ) (Howard, Geoffrey) (Filed on 3/3/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 657 Att. 104

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EXHIBIT 104
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Robert A. Mittelstaedt (SBN 060359) JONES DAY San Francisco Office 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY Silicon Valley Office 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: 650-739-3900 [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation, Plaintiffs, v. SAP AG, a German corporation, SAP AMERICA, INC., a Delaware corporation, TOMORROWNOW, INC., a Texas corporation, and DOES 1-50, inclusive, Defendants.

Case No. 07-CV-1658 MJJ DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO FIRST AMENDED COMPLAINT JURY TRIAL DEMANDED

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SAP AG, SAP America, Inc. ("SAP America") and TomorrowNow, Inc. ("TN") (collectively, "Defendants"), answer and respond to Plaintiffs' amended complaint as follows:

ANSWER AND AFFIRMATIVE DEFENSES TO FIRST AMENDED COMPLAINT Case No. 07-CV-1658 MJJ

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100.

Defendants are without knowledge or information sufficient to form a belief as to

the truth of the allegations of paragraph 100, and on that basis deny them. 101. 102. 103. 104. 105. 106. 107. 108. Defendants deny the allegations of paragraph 101. Defendants deny the allegations of paragraph 102. Defendants deny the allegations of paragraph 103. Defendants deny the allegations of paragraph 104. Defendants deny the allegations of paragraph 105. Defendants deny the allegations of paragraph 106. Defendants deny the allegations of paragraph 107. In response to paragraph 108, Defendants incorporate by reference their responses

to the preceding paragraphs 1 through 107. 109. 110. 111. 112. 113. 114. 115. 116. Defendants deny the allegations of paragraph 109. Defendants deny the allegations of paragraph 110. Defendants deny the allegations of paragraph 111. Defendants deny the allegations of paragraph 112. Defendants admit the allegations of paragraph 113. Defendants deny the allegations of paragraph 114. Defendants deny the allegations of paragraph 115. In response to paragraph 116, Defendants incorporate by reference their responses

to paragraphs 1 through 81, 89 through 96 and 108 through 115. 117. 118. 119. 120. 121. Defendants deny the allegations of paragraph 117. Defendants deny the allegations of paragraph 118. Defendants deny the allegations of paragraph 119. Defendants deny the allegations of paragraph 120. Defendants are without knowledge or information sufficient to form a belief as to

the truth of the allegations of paragraph 121, and on that basis deny them. 122. 123.
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Defendants deny the allegations of paragraph 122. Defendants deny the allegations of paragraph 123. - 14 ANSWER AND AFFIRMATIVE DEFENSES TO FIRST AMENDED COMPLAINT Case No. 07-CV-1658 MJJ

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sought therein; B. C. D. Deny Plaintiffs' request for preliminary and permanent injunctive relief; Grant Defendants their reasonable attorneys' fees and costs of this action; and Grant Defendants such other and further relief as the Court deems just and proper. DEMAND FOR TRIAL BY JURY Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Defendants hereby demand a trial by jury on all issues so triable. Dated: July 2, 2007 JONES DAY

By: /s/ Tharan Gregory Lanier Tharan Gregory Lanier Counsel for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC.

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ANSWER AND AFFIRMATIVE DEFENSES TO FIRST AMENDED COMPLAINT Case No. 07-CV-1658 MJJ