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. 16

EXHIBIT P

Dockets.Justia.com

KEVIN MANDIA May 21, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 291
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, ) ) vs. ) No. 07-CV-1658 (PJH) ) 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 KEVIN MANDIA _________________________________ VOLUME 2; PAGES 291 - 570 FRIDAY, MAY 21, 2010

HIGHLY

CONFIDENTIAL - ATTORNEYS' EYES ONLY

REPORTED BY:

HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-427384)

Merrill Legal Solutions [phone]

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Q.

Yes.

Did you look at anything else, any

other data at all, other than Mr. Ritchie's deposition, the Titan source code, and the Titan log files to form your opinion and conclusions regarding what if any impact Titan had on Oracle's websites? A. Again, I relied on Mr. Ritchie's 15 years

of web development experience and his perspective, his roadmap, the log files that Titan created at TomorrowNow, and the source code that we did get an opportunity to review.

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MR. COWAN:

Q.

Yeah.

If there was any

impact by the use of Titan on Oracle's websites, that impact should have been revealed in some way on the various logs that Oracle maintained related to its website and related computer systems. MR. LEWIS: MR. COWAN: MR. LEWIS: Objection. Q. Correct? Vague, calls for

Objection.

speculation, no foundation. THE WITNESS: That is not necessarily the

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case.

When you have a system that crashes, first

you need to know what portion of the infrastructure is in fact creating the inability to do that which it's intended to do. Customer Connection was a relatively complex site. You have databases interacting with

it, you have web server interacting with it. So depending on what made it crash would be what would cause potential logging or not potential logging. happen. I have a 15-year veteran telling me, telling the world through deposition under oath, that when he went in to it connect to TomorrowNow while running Titan, he simply couldn't do it. And It all depends on what made it

I've learned from experience that if I can't go to www.google.com, that I'll try some other site to see if I can connect. And functionally,

Mr. Ritchie does a similar test. And I believe a 15-year web developer who is asked to write Titan certainly can diagnose when he crashes a website.

TEXT REMOVED - NOT RELEVANT TO MOTION

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HIGHLY

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THE VIDEO OPERATOR:

This concludes Volume We a r e o f f

2 in