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. 18 EXHIBIT R Dockets.Justia.com SETH ADAM RAVIN May 21, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 1 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. ) 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. ) _____________________________ ) DEPOSITION OF SETH ADAM RAVIN __________________________________ Thursday, May 21, 2009 Volume 1 (Pages 1 - 275) HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY REPORTED BY: COREY W. ANDERSON, CSR 4096 (419096) Merrill Legal Solutions (800) 869-9132 a5039509-caa6-4d51-b092-f9091ddf5b40 SETH ADAM RAVIN May 21, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 252 TEXT REMOVED - NOT RELEVANT TO MOTION 15:49:19 15:49:20 15:49:25 15:49:29 22 23 24 25 MR. COWAN: Q. Mr. Ravin, this is a list of entities that were at least at one point in time customers of TomorrowNow. A. Okay. Merrill Legal Solutions (800) 869-9132 a5039509-caa6-4d51-b092-f9091ddf5b40 SETH ADAM RAVIN May 21, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 253 15:49:34 15:49:35 15:49:38 15:49:42 15:49:49 15:49:57 15:50:01 15:50:03 15:50:09 15:50:12 15:50:15 15:50:16 15:50:16 15:50:19 15:50:20 15:50:21 15:50:22 15:50:26 15:50:29 15:50:32 15:50:33 15:50:34 15:50:37 15:50:42 15:50:45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. I'll make that representation to you. The yellow highlighted entities on Exhibit 1327 are those entities which through a research of public records we have determined are or at one time have been customers of Rimini Street. Can you go through this list with each one of the yellow highlighted customers and confirm whether in fact they are a Rimini Street customer, the yellow highlighted ones, and if so, if they still are the ones that have been publicly disclosed? MR. JACOBSON: All right, so you are representing that ones highlighted in yellow are matters of public record? MR. COWAN: Yeah. Okay. Because you -- I MR. JACOBSON: want the record to be clear that in general, the names of the customers absent such public disclosure are confidential and are subject to nondisclosure agreement. MR. COWAN: It's my understanding the ones that are highlighted in yellow have been disclosed either on Rimini's Website or through press releases or through other publicly available means that they are customers of Rimini Street. Merrill Legal Solutions (800) 869-9132 a5039509-caa6-4d51-b092-f9091ddf5b40 SETH ADAM RAVIN May 21, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 254 15:50:49 15:50:51 15:50:53 15:50:53 15:50:54 15:50:56 15:50:59 15:51:02 15:51:04 15:51:08 15:51:10 15:51:12 15:51:13 15:51:15 15:51:17 15:51:19 15:51:20 15:51:21 15:51:25 15:51:25 15:51:28 15:51:34 15:51:39 15:51:45 15:51:47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. JACOBSON: Okay. So based on that, you should answer the question. THE WITNESS: MR. COWAN: Q. Okay. So let's go through the My question first one, A. O. Smith Corporation. going to be -- we can speed this up because my question really is are they -- have they ever been a Rimini Street customer, are they still a Rimini Street customer, and if you could just answer that for each one of these entities. A. Okay. A. O. Smith Corporation? Want me to read it? Q. A. Yes. A. O. Smith Corporation, yes, they are a customer at one time, and they are currently a customer. Q. A. customer. Q. A. Okay. Acushnet Company is a current customer. Atlantic Okay. Ace Parking Management has -- is a current ASTAR Air Cargo is a current customer. Container Store, I think I know them by another name, but they are a customer. Q. What's the other name? Merrill Legal Solutions (800) 869-9132 a5039509-c

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