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)
Oracle Corporation et al v. SAP AG et al
Doc. 729 Att. 13
EXHIBIT M
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PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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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
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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
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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
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documents Mr. Garmus counted as performed by Steve Neuendorf. Q. A. And who is he? Mr. Neuendorf is a certified function point
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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.
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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.
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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?
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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.
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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
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PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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complexity associated with those function points and come up with an adjusted function point count.
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