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. 4

EXHIBIT D

Dockets.Justia.com

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Pages 1 - 69 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BEFORE THE HONORABLE ELIZABETH D. LAPORTE ORACLE USA, INC., et al. ) ) Plaintiffs, ) ) vs. )NO. C 07-1658 PJH (EDL) ) ) SAP AG, et al., ) )SAN FRANCISCO, CALIFORNIA Defendants. )Tuesday, August 18, 2009 )10:49 a.m. ___________________________________) TRANSCRIPT OF PROCEEDINGS (HEARING ON MOTIONS) APPEARANCES: For Plaintiffs: BINGHAM, McCUTCHEN, LLP Three Embarcadero Center San Francisco, CA 94111 [phone] BY: HOLLY HOUSE, ESQ. and GEOFFREY M. HOWARD, ESQ. and NITIN JINDAL, ESQ. and ZACHARY J. ALINDER, ESQ. JONES DAY 555 California Street - 26th Floor San Francisco, CA 94104 [phone] BY: JASON McDONELL, ESQ. and ELAINE WALLACE, ESQ. and PATRICK R. DELAHUNTY, ESQ. LAURIE PAIGE BURNS, Paralegal USDC

For Defendants:

Report ed by:

MARGARET "MARGO" GURULE, CSR #12976
PRO TEM COURT REPORTER,

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THE COURT: were very specific. certain things.

Let me say one thing.

I don't think you

You've said you're not going to quantify

I found it very vague to follow exactly what And when you say you're not going to

you were and weren't.

quantify, does that mean you're going to seek a sum for good will, but you're not going to base it on a quantified damages study, or does it mean you're not seeking any damages for that? So I found that not very clear. 38

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THE COURT:

So going back to -- would you clarify

exactly what Oracle is or is not going to do -MS. HOUSE: THE COURT: Okay. -- that's stated I thought in a way that

I couldn't really understand it in the briefs as to what it is quantifying and what it isn't and what damages it is seeking and what it isn't?

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THE COURT: MS. HOUSE:

Okay.

And what aren't you quantifying?

The testimony that you talked about from

Mr. Ellison, anything on goodwill, the notion that there are a host of unnamed potential customers out there who we weren't able to reach or who were sort of kept at bay by virtue of the actions of SAP and TomorrowNow. about "the tip of the iceberg." While Mr. Ellison testified to it and obviously strongly believes it, it is a very difficult thing to quantify. THE COURT: So you're not quantifying, but are you That's what he was talking

seeking damages at this time? MS. HOUSE: No, no.

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CERTIFICATE OF REPORTER I, the undersigned, hereby certify that the foregoing proceedings were reported by me, a certified shorthand reporter, and were thereafter transcribed under my direction into typewriting; that the foregoing is a full, complete and true record of said proceedings. I further certify that I am not of counsel or attorney for either or any of the parties in the foregoing proceedings and caption named, or in any way interested in the outcome of the cause named in said caption. The fee charged and the page format for the transcript conform to the regulations of the judicial conference. Furthermore, I certify the invoice does not contain charges for the court reporter's certification page. IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of August 2009.

___________________________________ MARGARET "MARGO" GURULE, CSR

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