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. 2

EXHIBIT B

Dockets.Justia.com

PAUL K. MEYER May 13, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 332
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 PAUL K. MEYER _________________________________ VOLUME 2; PAGES 332 - 647 THURSDAY, MAY 13, 2010

HIGHLY REPORTED BY:

CONFIDENTIAL - ATTORNEYS' EYES ONLY HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-427374)

Merrill Legal Solutions [phone]

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PAUL K. MEYER May 13, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 440
11:34:53 11:34:59 11:35:01 11:35:05 11:35:09 11:35:14 11:35:22 11:35:26 11:35:28 11:35:29 11:35:31 11:35:34 11:35:40 11:35:42 11:35:45 11:35:50 11:35:53 11:35:56 11:35:58 11:36:00 11:36:03 11:36:08 11:36:09 11:36:13 11:36:18 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.

So there you say that the overall

valuation of Oracle's PeopleSoft acquisition was measured using a discounted cash flow model for revenues and profits from PeopleSoft support customers lost to TomorrowNow and SAP, post-October 2008, lost incremental license revenue, upsell, and related support, and lost new license revenue, cross-sell, and related support. Do you see that? A. Q. Yes. What did you mean when you say S&P's

overall valuation considered support customers lost to TomorrowNow and SAP? A. What I did there -- and to clarify, there

was -- the framework basically, there was something called Project Spice, which was done -- it was a discounted cash flow to support the acquisition of PeopleSoft by Oracle. It was the discounted cash

flow model that S&P used. And so what I did was, I took that -MS. HOUSE: THE WITNESS: Slow down. So what I did was, I took

that model from Project Spice, and I worked with some data from that, and then S&P -- because we're focusing on the Oracle losses now -- and then I

Merrill Legal Solutions [phone]

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PAUL K. MEYER May 13, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 441
11:36:21 11:36:25 11:36:29 11:36:34 11:36:38 11:36:43 11:36:46 1 2 3 4 5 6 7

inserted into that model the information that was from SAP's strategic plans. And so I basically took the potential lost customers for maintenance, cross-sell and upsell, from SAP's strategic plans, and then put that back into Oracle's models. And so that's the intercept

that's being described there in the first sentence.

TEXT REMOVED - NOT RELEVANT TO MOTION

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PAUL K. MEYER

May 13, 2010

HIGHLY

CONFIDENTIAL - ATTORNEYS' EYES ONLY

18:14:29 18:14:33 18:14:34 18:14:37 18:14:39 18:14:40 18:14:44 18:14:47 18:14:49 18:14:51 18:14:51 18:14:51 18: 14 : 55 18:14:57 18:15:07 18:15:09 18:15:27 18:15:29 18:15:29 18:15:29 18:15:29 18:15:29 18:15:29 18:15:29 18:15:29

s o on t h e c o s t a p p r o a c h . MR. McDONELL: that. MS. HOUSE: Thank you. Done. Wrap. You know w h a t We'll wrap for the day with

MR. McDONELL: a wrap is? MS. HOUSE: MR. PICKETT: hours tomorrow. MR. McDONELL: MR. PICKETT: yes.

D i d we u s e a l l 7 h o u r s - Well, we're only going 7

Well, whoopdee-doo. Okay. I ' l l take that as a

THE VIDEO OPERATOR:

Going off the record, We're going off

t h e t i m e - - t h e t i m e now i s 6 : 1 5 . the videotape record.

This also is the conclusion

o f T a p e 5 , Volume 2 o f P a u l M e y e r . (Time n o t e d , 6 : 1 5 p . m . ) --000-I declare under penalty of perjury that the foregoing is true and correct. Subscribed at

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