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. 17

EXHIBIT Q

Dockets.Justia.com

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY SETH RAVIN - 7/21/2010

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION --oOo-ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation, ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) SAP AG, a German corporation, ) SAP AMERICA, INC., a Delaware ) corporation, TOMORROWNOW, ) INC., a Texas corporation, and ) DOES 1-50, inclusive, ) ) Defendants. ) ________________________________)

07-CV-1658 (PJH)

VIDEOTAPED DEPOSITION OF SETH RAVIN _____________________________ JULY 21, 2010 VOLUME II (Pages 276 - 382) HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

REPORTED BY:

SARAH LUCIA BRANN, CSR 3887

(#429524)

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3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

Anything else besides PeopleSoft, Siebel,

JDEdwards, and SAP at a higher -- at the highest level? A. support. Q. I noticed by looking on your web site Those are the product lines today we

there are a portion you call product and releases that lists not only -- the product lines and releases. To the best of your knowledge, is that

information that's currently on your web site current? A. Q. I believe so. And over time has Rimini Street attempted

to make sure that that information is current as you added new product lines? A. Q. Siebel? A. We launched the product availability in -I believe so. When did you first start supporting

with the company's launch in September of 2005, and began supporting our first customer, I believe, in early 2006. Q. And in early 2006, would that be like

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January, February of 2006? A. I don't remember specifically, but I

believe it was early 2006. Q. supported? A. Q. supported? A. Q. A. Q. A. Q. We added in PeopleSoft. When did you begin supporting that? I believe it was sometime in mid-2006. What about JDEdwards? I believe sometime shortly thereafter. When you say mid-2006, are you saying May, Yes. What was the next product line you And Siebel was the first product line you

June, July 2006? A. Q. A. I believe in that range. When did you -I am sorry. You know, it may have I don't remember exactly.

actually been 2007. Q. A.

For JDEdwards? For JDEdwards and PeopleSoft, because we

had to wait until a particular non-compete expired with SAP. Q. And that's related to your non-compete

agreement with SAP and TomorrowNow?

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A. Q.

That is correct. What was your understanding about the

length of that non-compete? A. I don't remember exactly what the timeline

was, but it related to some -- I think it was at least one year after my departure from SAP, which was March of 2005. Q. So, assuming it was a one-year

non-compete, could you begin through Rimini Street supporting PeopleSoft and JDEdwards, at least promoting the services, at the beginning of March of '06? A. It would have been shortly after the

non-compete expired. Q. When did you -- when did Rimini begin

supporting SAP product? A. We began supporting -- we launched SAP

initiative in May of 2008, officially launched the service in May of 2009. Q. What is your understanding of when Oracle

acquired Siebel? A. My understanding of when Oracle acquired

Siebel was around September of 2005. Q. And so you did not -- Rimini Street did

not actually begin supporting Siebel until after

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Oracle had already acquired it. A. I believe technically the acquisition

wasn't completed at the time that we had launched Rimini Street in September of 2005. Q. Did you consider yourself in -- did you

consider Rimini Street in competition with Oracle when it began servicing Siebel customers in early 2006? A. I believe we were competitors in the

support services products, yes. Q. Did you consider Rimini Street to be

competing with TomorrowNow at that time? A. I don't believe TomorrowNow had a Siebel

product at the time that we launched our Siebel product at Rimini Street. Q. Did you consider -- once Rimini Street

began supporting PeopleSoft, did you consider Rimini Street to be competing with Oracle? A. Yes, they were a competitor of ours for

support services. Q. Who else did you consider Rimini Street to

be competing with at that time? A. Well, we considered CedarCrestone a

competitor for PeopleSoft product, and we considered netCustomer a competitor for JDEdwards product. And

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there was another company, VersaTech, which we considered a competitor for JDEdwards product. Q. And for all of the customers that you were

acquiring during that time did you consider yourself being in the market and having to compete to gain those customers with those entities you just described? A. Q. A. Q. Yes. Would that also include TomorrowNow? Yes. Any others as you sit here today that you

can recall back in that 2006 time frame? A. There was another company in the Denver

area that I don't recollect the name of. Q. What about in 2007? What are the

companies that you considered Rimini Street to be in competition with? A. CedarCrestone continuously since the

inception of Rimini Street for PeopleSoft product. NetCustomer continued to be a competitor for both PeopleSoft and JDEdwards. And I believe those

were -- and VersaTech continued as a competitor for JDEdwards products. Q. What about -- you mentioned Spinnaker.

Were you competing with Spinnaker in the 2007 time

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frame? A. I don't believe Spinnaker entered the

third party support business until roughly in the September-October 2008 time frame. Q. And all the competitors that you have

named so far, did you consider them to be substantial competitors to Rimini Street at the time? MR. HOWARD: MR. COWAN: mean by "substantial"? A. Q. No. If you could clarify, please. Objection to form. Q. Do you understand what I

In the sense of that they were a real

threat to Rimini Street's ability to get customers, in other words, it was real competition, not someone that was just in the market servicing a few customers, but someone that was a robust competitor that you and Rimini Street had to aggressively market against and compete against. MR. HOWARD: ambiguous. MR. COWAN: Q. So with that Objection to form. Vague and

definition you -- now you understand what I mean by substantial competition? A. Yes. Yes. We often competed head to head

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against CedarCrestone in PeopleSoft projects.

We --

again, when Spinnaker entered the marketplace they had over, I believe, 80 customers. They were larger

than we were in the JDEdwards support space, with a wider offering internationally. And netCustomer had been in the business as a -- coming off being a contractor for PeopleSoft, and had apparently, according to them, substantial business. over 100 customers. And VersaTech claimed to have So I would say that would make

them all substantial players. Q. And was TomorrowNow still a substantial

competitor in the 2007 time frame? A. Absolutely, our largest outside of the

vendors themselves. Q. What about 2008, in that time period? Who

do you recall being Rimini's substantial competitors in the third party support market in 2008? A. CedarCrestone would have been a

substantial competitor, other than Oracle, for Oracle products. Spinnaker entered the market and

was clearly the leader in JDEdwards support, and so we had tough competition with them. And I think those were really our two primary competitors outside of the vendor at that

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time. Let me add one part to that. And for

Siebel our largest competitor was actually self-support, which of course many customers choose to self-support on all of those platforms. Q. Has that been true ever since you began

Rimini Street -- began servicing customers through Rimini Street in early 2006? A. Q. Yes. And when I say "that true," that customers

were using self-support as an option, and you were having to compete against that? A. Yes.

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14 15 16 17 18 19 20 21 22 23 24 25

You testified in May of 2009 that there were about 81 customers that you could count that were former TomorrowNow customers that were currently then, in May of '09, at Rimini Street. you recall that? A. Yes. MR. HOWARD: THE WITNESS: MR. COWAN: Q. Objection. Beyond the scope. Do

Yes, I recall. And the only question I

have is, has that number increased since then? MR. HOWARD: THE WITNESS: Objection. I am sorry. Beyond the scope. Could you be

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more specific about the question? MR. COWAN: Q. Yes. The question related

to Exhibit 1327 in May of '09, which you have in front of you, was how many of the customers on Exhibit 1327 were former TomorrowNow customers at some point? And my understanding is you provided an approximate count of about 81, I think, back in May of '09. All I am asking now -- and you can count them if you want. But do you have any understanding

whether you now have more than 81 customers at Rimini Street that were former TomorrowNow customers, or less? MR. HOWARD: THE WITNESS: Objection. Beyond the scope.

I think there could be a few

that have -- that we added since that time that were former TomorrowNow customers, and I think a few of them have left. MR. COWAN: Q. So is it -- as we sit here

in July of 2010, is the number still around 80? MR. HOWARD: THE WITNESS: Objection. Beyond the scope.

I would estimate that it's

probably, given the number that have left and adding a few, probably stayed somewhere in that range.

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MR. COWAN: my notes real quick. Q.

I may be done.

Let me look at

Of any of the customers that left Rimini

Street since May of 2009 that you identified were former TomorrowNow customers, had any of them gone back to Oracle, to your knowledge? MR. HOWARD: MR. COWAN: specific customers. no. MR. HOWARD: THE WITNESS: Same objection. Are you referring to back to Objection. Q. Beyond the scope.

I am not asking for

I am just asking for a yes or

Oracle for support services? MR. COWAN: A. Q. Correct.

I believe that's a possibility, that there

may be a few. Q. Have you had any customers over any point

in time that have left Rimini Street and gone back to Oracle for maintenance? MR. HOWARD: THE WITNESS: Objection. Yes. Beyond the scope.

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CERT F CATE OF R E P O R T E R

I,

SARAH L U C I A BRANN,

a Certified

Shorthand Reporter,

hereby certify that the witness

i n t h e f o r e g o i n g d e p o s i t i o n w a s b y me d u l y s w o r n t o tell the truth, the whole truth, and nothing but the

truth in the within-entitled cause; That s a i d deposition was taken i n shorthand by me, a disinterested person, at the time

and place therein stated,

and that the testimony of

the said witness was t h e r e a f t e r reduced to typewriting, supervision; That before completion of the deposition, review of the transcript requested. deponent If requested, [X] was [ ] was not by computer, u n d e r my d i r e c t i o n a n d

any changes made by the during the

(and provided to the reporter)

period allowed are appended hereto. I f u r t h e r c e r t i f y t h a t I am n o t o f c o u n s e l

or attorney for either or any of the parties to the said deposition, nor in any way i n t e r e s t e d in the a n d t h a t I am n o t r e l a t e d t o

event of this cause,

any of the parties thereto. DATED: July 26, 2010

---------------------------------

Satd~~
CSR No.

SARAH L U C I A BRANN,

3887 381

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