Oracle Corporation et al v. SAP AG et al

Filing 729

Declaration of Jason McDonell in Support of 728 MOTION in Limine Defendants' Motions in Limine Declaration of Jason McDonell in Support of Defendants' Motions in Limine filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC)(Related document(s) 728 ) (Froyd, Jane) (Filed on 8/5/2010)

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Oracle Corporation et al v. SAP AG et al Doc. 729 Att. 13 EXHIBIT M Dockets.Justia.com PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION --O0o-ORACLE CORPORATION, a Delaware Corporation; ORACLE, USA, INC., a Colorado Corporation, and ORACLE INTERNATIONAL CORPORATION, a California Corporation, Plaintiffs, Vs. No. 07-CV-01658-PJH (EDL) SAP AG, a German Corporation, SAP AMERICA, INC., a Delaware CORPORATION, TOMORROWNOW, INC., a Texas Corporation, and DOES 1-50, Inclusive, Defendants. _____________________________/ VIDEOTAPED DEPOSITION OF PAUL PINTO ___________________________ Wednesday, May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Reported By: Job 427372 WENDY E. ARLEN, CSR #4355, CRR, RMR Merrill Legal Solutions (800) 869-9132 63fbeb92-7127-4813-80a2-8e390ce17b85 PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 51 TEXT REMOVED - NOT RELEVANT TO MOTION 10:02 5 6 7 8 9 Q. Okay. Okay. Now, to -- back to Exhibit 2052, sir. On tab 1 of that document, you see that in front of you? A. Q. I do. It says: "Subjectivity Associated with Do you see that as 10:03 10 11 12 13 14 Hand-Counting Function Points." the title? A. Q. I do. And on the left-hand -- leftmost column of the three columns there, it says in the middle of the three entries "Neuendorf's Hand-count." that mean? A. Yes. So that was a hand-count of the same What does 10:03 15 16 17 18 19 documents Mr. Garmus counted as performed by Steve Neuendorf. Q. A. And who is he? Mr. Neuendorf is a certified function point 10:03 20 21 22 23 24 counting specialist engaged by NIIT. Q. A. case. He was engaged by NIIT for work in this case? He's -- I don't know if it's for work in this NI -- he's part of NIIT. 10:04 25 Merrill Legal Solutions (800) 869-9132 63fbeb92-7127-4813-80a2-8e390ce17b85 PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 52 1 2 3 4 10:04 5 6 7 8 9 10:04 10 11 12 13 14 10:04 15 16 Q. Okay. You mention here in this document 2050 He conducted a tab 1 Neuendorf's hand-count. hand-count for you at your request? A. Q. A. yes. Q. Okay. So he was part of that team that Yes. Did you engage him? I did as part of my engagement with NIIT, worked with you under your guidance on this project? A. Well, that team was assembled and disassembled a while ago. Q. Okay. So he's a new addition. He's a new NIIT consultant -A. Q. A. Correct. -- working with you for rebuttal purposes. Correct. TEXT REMOVED - NOT RELEVANT TO MOTION 21 22 23 24 10:05 25 Q. name? A. Q. And you said Mr. -- how does he pronounce his I believe it's Neuendorf. Neuendorf. Okay. You said Mr. Neuendorf is a certified function point specialist? Merrill Legal Solutions (800) 869-9132 63fbeb92-7127-4813-80a2-8e390ce17b85 PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 53 1 2 3 4 10:05 5 6 7 8 9 10:05 10 A. Q. Yes. Are you a certified function point specialist? A. Q. I am not. Were you at any time a certified function point specialist? A. Q. No. Including at the time you prepared your function point analysis in the report, right? A. That's correct. TEXT REMOVED - NOT RELEVANT TO MOTION Merrill Legal Solutions (800) 869-9132 63fbeb92-7127-4813-80a2-8e390ce17b85 PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 56 TEXT REMOVED - NOT RELEVANT TO MOTION 10:09 20 21 22 23 24 important. The process asserted by Mr. Garmus is to So take the user manuals and perform a hand-count. an individual, a trained and skilled individual reading through the documentation has the ability to go through and hand-count the number of function points and then go through and determine the level of 10:10 25 Merrill Legal Solutions (800) 869-9132 63fbeb92-7127-4813-80a2-8e390ce17b85 PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 57 1 2 complexity associated with those function points and come up with an adjusted function point count.

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