Oracle Corporation et al v. SAP AG et al

Filing 662

Declaration of Thomas S. Hixson in Support of 661 Oracle's Supplemental Brief in Support of Its Motion to Compel Further Responses to Requests for Admission filed by Oracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 661 ) (Howard, Geoffrey) (Filed on 3/5/2010) Modified on 3/8/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 662 Att. 2

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EXHIBIT C
Dockets.Justia.com

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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) DEFENDANTS' FOURTH AMENDED RESPONSES TO REQUESTS 496 THROUGH 680 OF PLAINTIFFS' SECOND SET OF REQUESTS FOR ADMISSION TO DEFENDANTS TOMORROWNOW, INC., SAP AG, AND SAP AMERICA, INC. CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
DEFENDANTS' 4th AMENDED RESP. TO RQST. 496-680 OF PLAINTIFFS' 2ND SET OF REQUESTS FOR ADMISSION Case No. 07-CV-1658 PJH (EDL) 07-CV-1658 PJH (EDL)

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request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: DENIED. REQUEST FOR ADMISSION NO. 577: Admit that for the majority of Fixes or Updates listed in Exhibit B, TN identified some set of Customers to whom it would deliver the Fix or Update and determined whether one Fix or Update could be Developed for all such Customers on the release, or whether TN needed to split the Customers on that release into sub-groups (sometimes referred to at TN as "source groups"). AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 577: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows:

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ADMITTED for at least one component in the majority of the listed fixes or updates. REQUEST FOR ADMISSION NO. 578: Admit that for some of the Fixes or Updates listed in Exhibit B, TN identified some set of Customers to whom it would deliver the Fix or Update and determined whether one Fix or Update could be Developed for all such Customers on the release, or whether TN needed to split the Customers on that release into sub-groups (sometimes referred to at TN as "source groups"). AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 578: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in some of the listed fixes or updates. REQUEST FOR ADMISSION NO. 579: Admit that for at least one Fix or Update listed in Exhibit B, TN identified some set of Customers to whom it would deliver the Fix or Update and determined whether one Fix or Update could be Developed for all such Customers on the release, or whether TN needed to split the Customers on that release into sub-groups (sometimes referred to at TN as "source groups"). 65
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AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 579: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in at least one of the listed fixes or updates. REQUEST FOR ADMISSION NO. 580: Admit that TN's process for determining its "source groups" (as the term is used in Requests Nos. 576-579) always involved in part doing a visual comparison of the Customer Local Environments in the group to identify relevant differences in the codeline. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 580: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden 66
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General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: DENIED. REQUEST FOR ADMISSION NO. 600: Admit that for the majority of Fixes or Updates listed in Exhibit B, where TN determined that any given release did not require a "source group" division (as the term is used in Requests Nos. 576-579), TN used a Local Environment installed from media originally provided by one Customer to Develop the Fix or Update for all Customers on that release. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 600: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at 80
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issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in the majority of the listed fixes or updates. REQUEST FOR ADMISSION NO. 601: Admit that for some Fixes or Updates listed in Exhibit B, where TN determined that any given release did not require a "source group" division (as the term is used in Requests Nos. 576-579), TN used a Local Environment installed from media provided originally by one Customer to Develop the Fix or Update for all Customers on that release. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 601: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is 81
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now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in some of the listed fixes or updates. REQUEST FOR ADMISSION NO. 602: Admit that for at least one Fix or Update listed in Exhibit B, where TN determined that any given release did not require a "source group" division (as the term is used in Requests Nos. 576-579), TN used a Local Environment installed from media originally provided by one Customer to Develop the Fix or Update for all Customers on that release. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 602: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in at least one of the listed fixes or updates. REQUEST FOR ADMISSION NO. 603: Admit that for each Fix or Update listed in Exhibit B, TN unit tested the Fix Objects Developed for each "source group" (as the term is used in Requests Nos. 576-579) in the same 82
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Local Environment used to Develop the Fix or Update. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 603: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: DENIED. REQUEST FOR ADMISSION NO. 604: Admit that for the majority of Fixes or Updates listed in Exhibit B, TN unit tested the Fix Objects Developed for each "source group" (as the term is used in Requests Nos. 576-579) in the same Local Environment used to Develop the Fix or Update. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 604: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object 83
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to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in the majority of the listed fixes or updates. REQUEST FOR ADMISSION NO. 605: Admit that for some Fixes or Updates listed in Exhibit B, TN unit tested the Fix Objects Developed for each "source group" (as the term is used in Requests Nos. 576-579) in the same Local Environment used to Develop the Fix or Update. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 605: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in 84
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response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in some of the listed fixes or updates. REQUEST FOR ADMISSION NO. 606: Admit that for at least one Fix or Update listed in Exhibit B, TN unit tested the Fix Objects Developed for each "source group" (as the term is used in Requests Nos. 576-579) in the same Local Environment used to Develop the Fix or Update. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 606: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in at least one of the listed fixes or updates. REQUEST FOR ADMISSION NO. 607: Admit that for each Fix or Update listed in Exhibit B, TN saved the Fix Objects Developed for each "source group" (as the term is used in Requests Nos. 576-579) to some 85
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central location (typically referred to at TN as the "development staging area" or "staging area"). AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 607: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: DENIED. REQUEST FOR ADMISSION NO. 608: Admit that for the majority of Fixes or Updates listed in Exhibit B, TN saved the Fix Objects Developed for each "source group" (as the term is used in Requests Nos. 576-579) to some central location (typically referred to at TN as the "development staging area" or "staging area"). AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 608: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the 86
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information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in the majority of the listed fixes or updates. REQUEST FOR ADMISSION NO. 609: Admit that for some Fixes or Updates listed in Exhibit B, TN saved the Fix Objects Developed for each "source group" (as the term is used in Requests Nos. 576-579) to some central location (typically referred to at TN as the "development staging area" or "staging area"). AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 609: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the 87
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answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in some of the listed fixes or updates. REQUEST FOR ADMISSION NO. 610: Admit that for at least one Fix or Update listed in Exhibit B, TN saved the Fix Objects Developed for each "source group" (as the term is used in Requests Nos. 576-579) to some central location (typically referred to at TN as the "development staging area" or "staging area"). AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 610: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in at least one of the listed fixes or updates. REQUEST FOR ADMISSION NO. 611: Admit that for each Fix or Update listed in Exhibit B, TN tested the Fix or Update (in a 88
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process typically known as "individual fix testing" or "QA testing"), including by Copying the Fix Objects saved in the central development staging area to a Local Environment within the applicable "source group" (as the term is used in Requests Nos. 576-579), to test the functionality and stability of the Fix or Update and that it produced the expected results. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 611: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: DENIED. REQUEST FOR ADMISSION NO. 612: Admit that for the majority of Fixes or Updates listed in Exhibit B, TN tested the Fix or Update (in a process typically known as "individual fix testing" or "QA testing"), including by copying the Fix Objects saved in the central development staging area to a Local Environment within the applicable "source group" (as the term is used in Requests Nos. 576-579), to test the functionality and stability of the Fix or Update and that it produced the expected results.

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AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 612: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in the majority of the listed fixes or updates. REQUEST FOR ADMISSION NO. 613: Admit that for some Fixes or Updates listed in Exhibit B, TN tested the Fix or Update (in a process typically known as "individual fix testing" or "QA testing"), including by copying the Fix Objects saved in the central development staging area to a Local Environment within the applicable "source group" (as the term is used in Requests Nos. 576-579), to test the functionality and stability of the Fix or Update and that it produced the expected results. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 613: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the 90
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information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in some of the listed fixes or updates. REQUEST FOR ADMISSION NO. 614: Admit that for at least one Fix or Update listed in Exhibit B, TN tested the Fix or Update (in a process typically known as "individual fix testing" or "QA testing"), including by copying the Fix Objects saved in the central development staging area to a Local Environment within the applicable "source group" (as the term is used in Requests Nos. 576-579), to test the functionality and stability of the Fix or Update and that it produced the expected results. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 614: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is 91
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substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in at least one of the listed fixes or updates. REQUEST FOR ADMISSION NO. 615: Admit that the Local Environment used in the "individual fix testing" or "QA testing" process described in Requests Nos. 611-614 always utilized a Local Environment different from the Local Environment TN used to Develop the Fix Objects being tested. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 615: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: DENIED. 92
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Environments that SAP TN built from software obtained from Customers other than at least one Customer who received the Fix Object. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 666: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for the vast majority. REQUEST FOR ADMISSION NO. 667: Admit that for each Update listed in the right-hand column of Exhibit A, TN used a Local Environment with no Customer-specific identifier in its name (e.g., HR751CSS) to Develop at least one Fix Object that SAP TN then delivered to more than one Customer. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 667: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that 129
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it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in the vast majority of the listed updates. REQUEST FOR ADMISSION NO. 668: Admit that for each Update listed in the right-hand column of Exhibit A, TN used a Local Environment with no Customer-specific identifier in its name (e.g., HR751CSS) to test at least one Fix Object that SAP TN then delivered to more than one Customer. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 668: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Further, Defendants object to the extent that this request is compound, overly broad and unduly burdensome to the extent that it seeks an admission that would be applied to every single component of each fix and update at issue in this request. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is 130
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now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for at least one component in the vast majority of the listed updates. REQUEST FOR ADMISSION NO. 669: Admit that for each Fix listed in Exhibit B which included a DAT file, Copies of at least one DAT file were delivered to more than one Customer as part of the Fix. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 669: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for the vast majority. REQUEST FOR ADMISSION NO. 670: Admit that for each Fix listed in Exhibit B which included a COBOL file, at least one COBOL file from one Local Environment was modified by SAP TN and Copied and delivered to more than one Customer as part of the Fix. AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 670: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant 131
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AMENDED RESPONSE TO REQUEST FOR ADMISSION NO. 680: Defendants incorporate by reference, as if fully set forth herein, all of Defendants' General Objections noted above. Defendants' response is based solely on Defendant TomorrowNow's knowledge with respect to the information sought in this request because Defendants SAP AG and SAP America have no additional knowledge separate and apart from the information provided by Defendant TomorrowNow in this response. Moreover, Defendants object to this request on the basis that it is unduly burdensome because Defendants' burden associated with responding to this request is substantially similar to the burden for Plaintiffs to obtain the information sought through this request, especially because the available documents, data and other information from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Subject to and without waiving the foregoing objections and qualifications, Defendants respond as follows: ADMITTED for the vast majority.

Dated: February 22, 2009

JONES DAY

By: /s/ Scott W. Cowan Scott W. Cowan Counsel for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC.

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PROOF OF SERVICE I, Laurie Paige Burns, declare: I am a citizen of the United States and employed in San Francisco County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is 555 California Street, 26th Floor, San Francisco, California 94104. On February 22, 2010, I served a copy of the attached document(s): DEFENDANTS' FOURTH AMENDED RESPONSES TO REQUESTS 496 THROUGH 680 OF PLAINTIFFS' SECOND SET OF REQUESTS FOR ADMISSION TO DEFENDANTS TOMORROWNOW, INC., SAP AG, AND SAP AMERICA, INC.

: :

by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California addressed as set forth below. by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. by transmitting via e-mail or electronic transmission the document(s) listed above to the person(s) at the e-mail address(es) set forth below. Donn Pickett, Esq. Geoffrey M. Howard, Esq. Holly A. House, Esq. Zachary J. Alinder, Esq. Bree Hann, Esq. BINGHAM McCUTCHEN LLP Three Embarcadero Center San Francisco, CA 94111-4067 [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

Executed on February 22, 2010, at San Francisco, California.

By: Laurie Paige Burns
PROOF OF SERVICE Case No. 07-CV-1658 PJH (EDL)