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. 8

EXHIBIT H

Dockets.Justia.com

PAUL K. MEYER May 14, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 648
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 3; PAGES 648 - 937 FRIDAY, MAY 14, 2010

HIGHLY

CONFIDENTIAL - ATTORNEYS' EYES ONLY

REPORTED BY:

HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-427378)

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PAUL K. MEYER May 14, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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Q.

Mr. Meyer, I want to talk to you about the Do you have

expert report of Mr. Brian Sommer. that report in mind? A. Not particularly.

You can provide me a

copy if you want to. Q. You don't have one with you? MS. HOUSE: No. Q. Have you read the

MR. McDONELL:

report, and are you prepared to respond to it? MS. HOUSE: THE WITNESS: to that. Asked and answered. No. I've already responded

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MR. McDONELL: you a document -A.

Q.

Mr. Meyer, I'm showing

Excuse me, could I -- one thing, and I

think this happened earlier in the deposition, but when you asked about Mr. Sommer, I said the comments I had about his work were through the work that Mr. Clarke had done. So in Mr. Clarke's report, when he refers to Mr. Sommer, I have notes in the copy I made for you of Mr. Clarke. said that earlier. So I want you to remember I So I have comments about Mr.

Sommer, but only through the workings of Mr. Clarke. So I wanted to be clear about that

like I was a day or so ago.

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If that impacts your question, I want you to have that information. Q. Are you able to tell me to what extent you

respond to Mr. Sommer to the extent Mr. Clarke relied on him? MS. HOUSE: THE WITNESS: Objection. Vague.

If we walk through

Mr. Clarke's report which I provided to you a couple days ago, as I've looked at Mr. Clarke's points, I've made some points myself, some notations. To the extent Mr. Sommer's notations

come into Mr. Clarke's report and he's relying upon those, there may be things that are of interest to you there. I just don't that know what you're I wanted to point it out to be

interested in. complete.

MR. McDONELL:

Q.

So your responses are

identified on the notes of the copy of Mr. Clarke's report that you gave to us? A. Well, not all the responses. But I know

that Mr. Clarke relies upon Mr. Sommer for certain inputs. So I can see a situation where Mr. Clarke

is making a point, he's taken it from Mr. Sommer, and I've made a point about that. And I don't want

you not to know that's what I've done, because

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