Oracle Corporation et al v. SAP AG et al

Filing 732

Joint Proposed Supplemental Questions for Juror Questionnaire, Joint Proposed Voir Dire Questions, and Defendants' Separate Submission of Additional Voir Dire Questions by Oracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc., SAP AG, SAP America Inc., Tommorrownow Inc. . (Alinder, Zachary) (Filed on 8/5/2010) Modified on 8/6/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 732

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BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) ZACHARY J. ALINDER (SBN 209009) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) 333 Main Street Armonk, NY 10504 Telephone: [phone] [e-mail] STEVEN C. HOLTZMAN (SBN 144177) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] [e-mail] DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: 650.506.7114 [e-mail] [e-mail] Attorneys for Plaintiffs

JONES DAY ROBERT A. MITTELSTAEDT (SBN 060359) JASON McDONELL (SBN 115084) ELAINE WALLACE (SBN 197882) 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] JONES DAY THARAN GREGORY LANIER (SBN 138784) JANE L. FROYD (SBN 220776) 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] JONES DAY SCOTT W. COWAN (Admitted Pro Hac Vice) JOSHUA L. FUCHS (Admitted Pro Hac Vice) 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., v. Plaintiffs, Case No. 07-CV-01658 PJH (EDL) JOINT PROPOSED SUPPLEMENTAL QUESTIONS FOR JUROR QUESTIONNAIRE, JOINT PROPOSED VOIR DIRE QUESTIONS, AND DEFENDANTS' SEPARATE SUBMISSION OF ADDITIONAL VOIR DIRE QUESTIONS Date: Time: Place: Judge: 1 September 30, 2010 9:00 am 3rd Floor, Courtroom 3 Hon. Phyllis J. Hamilton
Case No. 07-CV-01658 PJH (EDL)

SAP AG, et al., Defendants.

JOINT PROPOSED SUPPLEMENTAL QUESTIONS FOR JUROR QUESTIONNAIRE, JOINT PROPOSED VOIR DIRE, AND DEFENDANTS' SEPARATE ADDITIONAL VOIR DIRE

Dockets.Justia.com

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Pursuant to the Court's Pretrial Instructions, Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. (collectively, "Oracle") and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. (collectively, "Defendants," and with Oracle, the "Parties") submit their Joint Proposed Supplemental Questions For Juror Questionnaire, Joint Proposed Voir Dire Questions and Defendants' Separate Submission of Additional Voir Dire Questions, attached as Exhibit A. In light of the complexities of this case, the Parties jointly submit the attached proposed supplemental questions to be provided to venire members to complete prior to voir dire, along with the Court's standard voir dire questionnaire. Defendants' separately proposed voir dire questions are submitted subject to, and without waiving, Oracle's objections. DATED: August 5, 2010 Bingham McCutchen LLP By: /s/ Zachary J. Alinder Zachary J. Alinder Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc.

In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. DATED: August 5, 2010 JONES DAY By: /s/ Tharan Gregory Lanier Tharan Gregory Lanier Attorneys for Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc.

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Case No. 07-CV-01658 PJH (EDL)

JOINT PROPOSED SUPPLEMENTAL QUESTIONS FOR JUROR QUESTIONNAIRE, JOINT PROPOSED VOIR DIRE, AND DEFENDANTS' SEPARATE ADDITIONAL VOIR DIRE

EXHIBIT A

JOINT PROPOSED SUPPLEMENTAL QUESTIONS FOR JUROR QUESTIONNAIRE In light of the complexities of this case, the parties jointly submit the following proposed supplemental questions to be provided to venire members to complete prior to voir dire, along with the Court's standard voir dire questionnaire. * * *

Full Name: ______________________________________________________________ (First) (Middle) (Last) 1. Which of the following describes your current residence? ___ Single-family home that I own ___ Apartment/condominium that I own ___ Single family home that I rent ___ Apartment that I rent ___ Live in a home owned or rented by parents/family members ___ Other (please describe): _____________________________________ 2. 3. How long have you lived in the city of your current residence? __________________________________________________________________ If you live with any other adults, please identify their relationship to you and their occupations: __________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 4. What best describes your current employment status? (CHECK ALL THAT APPLY) ___ Employed full-time ___ Unemployed, looking for work ___ Retired since __________________ (date) ___ Part time student ___ Homemaker

___ Employed part-time

___ Unemployed, not looking for work ___ Self-employed ___ Other

___ Full time student

(Please explain: ____________________________________________)
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5.

How long have you worked for your current employer or, if not currently working, how long did you work for your most recent employer? __________________________________________________________________

6. What is the highest level of education you have completed? ___ Grade school or less ___ Some high school ___ High school graduate ___ Some college (Major): ___________________ ___ Technical, vocational or business school (Area/Degree): _______________________ Other (Please explain): ____________________________________________ 7. Have you studied, traveled or worked abroad (i.e. outside the United States)? If yes, where and when: _________________________________________________________________ 8. What is the highest level of education your spouse, partner, or significant other has completed? ___ Grade school or less ___ Some high school ___ High school graduate ___ Some college (Major): ___________________ ___ Technical, vocational or business school (Area/Degree): _______________________ Other (Please explain): ____________________________________________ ___ Graduate study/degree (Area/Degree):_______________________ ___ College Graduate (Major): ____________________________ ___ Graduate study/degree (Area/Degree):_______________________ ___ College Graduate (Major): ____________________________

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9. If divorced, widowed, or separated, what kind of work did your spouse, partner or significant other do? ____________________________________________________________________ 10. How knowledgeable are you about business software or databases in general? ___ Very ___ Somewhat ___ Not very ___ Not at all If you have knowledge, please explain: __________________________________ 11. Have you, a family member, or someone close to you taken any courses or had any specialized training or experience (including work experience) involving the following? (If yes, please explain the training or experience you or they have had.) YES Computer/Technical Software Systems and/or Development Information Technology (IT) Business/Management NO Please Explain

Sales Contracts Copyrights/Patents/ Trademarks Law

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12. Do you, a family member, or someone close to you have any knowledge, training, advanced education, or work experience with any of the following software systems? (Please check all that apply): ___ Timekeeping software ___ Enterprise software, including but not limited to Human Resource Management software (HRMS), accounting software, Customer Relationship Management software (CRM), Supply Chain Management software, Financials, Distribution and Manufacturing software, Enterprise Performance Management software (EPM), Student Administration software ___ Database software ___ Any Oracle product: (please specify) ___________________________ ___ Any PeopleSoft product: (please specify) _______________________ ___ Any J.D. Edwards product: (please specify) _____________________ ___ Any Siebel product: (please specify) ___________________________ ___ Any SAP product: (please specify) _____________________________ If yes, please explain:__________________________________________________ ___________________________________________________________________ 13. Have you or anyone close to you ever applied for a patent, copyright or trademark? ___ Yes ___ No

If your answer is yes: What was it for? ___________________________________________________________________ Do you/they hold a patent, copyright or trademark or was the application denied? ___________________________________________________________________

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14. Have you, a family member, or someone close to you ever purchased a business (either personally or on behalf of your/their employer)? ____Yes ____No

If yes, please explain:__________________________________________________ ___________________________________________________________________ 15. Have you or a member of your family ever owned or run a business? ___ Yes, self ___ Yes, family member ___ No

If yes, please specify who, and describe the business and how many employees: __________________________________________________________________ Was the business successful? 16. Have you ever been: a. An officer or director of a company ____Yes ____No ___ Yes ___ No ___ Not sure

b. A shareholder of a company ____Yes ____No

c. An executive, manager, or supervisor of a company ____Yes ____No

17. Have you ever held a job in which you negotiated licenses for intellectual property, such as patents, copyrights, or trademarks? ____Yes ____No If yes, please explain:__________________________________________________ ___________________________________________________________________

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18. If you have served on a jury before: What type of case(s) ____________________________________________ Did you ever serve as a jury foreperson? ____Yes ____No

How many of the jury(ies) on which you served reached a verdict? _____________ 19. Have you, a family member, or close friend ever been involved in a lawsuit (including as a witness at trial or a witness at a deposition)? ____Yes ____No

If yes, please explain (including whether the outcome was satisfactory): ___________________________________________________________________ ___________________________________________________________________ 20. Are you a member of a union? ____Yes ____No

If yes, have you ever been a shop steward, union representative, business agent or an elected union official (please specify which one)? __________________________________________________ 21. What social, civic, professional, trade, volunteer, or other organizations do you belong to? Please list any offices you have held in any organizations you identify. ___________________________________________________________________ ___________________________________________________________________ 22. What social, civic, professional, trade, volunteer, or other organizations does your spouse, partner, or significant other belong to? Please list any offices he/she has held in any organizations you identify. ___________________________________________________________________
__________________________________________________________________

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23. Generally speaking, do you think that money damage awards from lawsuits in the U.S. are: _____ Too high _____ About right _____ Too low _____ No opinion 24. Do you follow the news on a regular basis? _____ Yes _____ No 25. Which one source of news do you follow most? ___ Television ___ Magazines ___ Radio ___ None of the above ___ Newspaper ___ The Internet ___ Other

26. What types of television/radio programs, books, magazines, newspapers, and websites do you typically read/visit? ___________________________________________________________________ 27. How would you describe your political views? ___Very liberal ___Liberal ___Middle-of-the-road 28. Do you: CHECK ALL THAT APPLY: Use a computer at work Use a computer at home Use the internet to find information Use the internet to download Troubleshoot or repair computers Feel comfortable using a computer _____ Yes _____No _____ Yes _____No _____ Yes _____No _____ Yes _____No _____ Yes _____No _____ Yes _____No ___Conservative ___Very conservative

If your answer to any of the above is "yes," please explain, including how often: __________________________________________________________

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29. Have you or any member of your family been affected by the recent economic downturn and/or mortgage crisis? ____Yes ____No If yes, please explain: _________________________________________________ ___________________________________________________________________ 30. Do you regularly read technology magazines and/or follow technology news and trends? ____Yes ____No 31. Have you ever worked for a "high tech" company? ___Yes ___No

If yes, which company(ies):____________________________________________ ___________________________________________________________________ 32. Have you heard of any of the companies involved in this case or companies acquired by the companies in this case? YES Oracle International Corp. Oracle USA, Inc. Oracle EMEA Limited Siebel Systems, Inc. J.D. Edwards PeopleSoft TomorrowNow, Inc. SAP America, Inc. SAP AG Acquired company (write in): _______________ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ NO ___ ___ ___ ___ ___ ___ ___ ___ ___ ___

If you checked yes to any of the above, please explain (including any opinions you have): _____________________________________________________________________ _____________________________________________________________________

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33. Have you or anyone close to you ever worked for, owned stock in or done business with companies involved in this case or companies acquired by the companies in this case? YES Oracle International Corp. Oracle USA, Inc. Oracle EMEA Limited Siebel Systems, Inc. J.D. Edwards PeopleSoft TomorrowNow, Inc. SAP America, Inc. SAP AG Acquired company (write in): _______________ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ NO ___ ___ ___ ___ ___ ___ ___ ___ ___ ___

If you checked yes to any of the above, please explain: _____________________________________________________________________ _____________________________________________________________________ 34. Have you heard of or do you know anything about Larry Ellison? ____Yes ____No

If you checked yes, please explain (including any opinions you have about Mr. Ellison): ________________________________________________________________ _______________________________________________________________________
_____________________________________________________________________

35. Do you know any of the attorneys representing the parties in this case? David Boies Steven C. Holtzman Donn P. Pickett Geoffrey M. Howard Holly A. House Dorian Daley Jennifer Gloss Robert A. Mittelstaedt Jason McDonell Elaine Wallace ___ Yes ___ Yes ___ Yes ___ Yes ___ Yes ___ Yes ___ Yes ___ Yes ___ Yes ___ Yes
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___ No ___ No ___ No ___ No ___ No ___ No ___ No ___ No ___ No ___ No

Tharan Gregory Lanier Jane L. Froyd Scott W. Cowan Joshua L. Fuchs

___ Yes ___ Yes ___ Yes ___ Yes

___ No ___ No ___ No ___ No

36. Have you ever been employed by or represented by or had any business dealings of any nature with the law firm of Jones Day, the law firm of Boies, Schiller & Flexner or the law firm of Bingham McCutchen? ___ Yes ___ No

If yes, please state the firm with which you have (or had) the relationship, and briefly describe nature and extent of the relationship (without revealing anything confidential): __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 37. If you have relatives or close personal friends who are judges or attorneys or court personnel, what are their names and relationship to you, and where are they located? (If they are judges or court personnel, please indicate the court where they work, if you know.) ________________________________________________________________________ ________________________________________________________________________ 38. Do you speak and/or read German? ____Yes ____No

If yes, please describe your level of fluency. _____________________________ ___________________________________________________________________ 39. Attached is a list of persons who are potential witnesses or attorneys in this case. If you know, or think you may know, any of the persons listed below please circle their names. Please indicate here whether you have circled any name(s): ___ Yes ___ No

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40. This trial is expected to last approximately 6 weeks for four days per week. Can you serve as a juror for this period of time? ____Yes ____No

If no, please briefly explain your reasons. _______________________________ ___________________________________________________________________ ___________________________________________________________________ 41. Describe any vision, hearing, language, or other medical problems that may affect your jury service: ________________________________________________________________________ ________________________________________________________________________ 42. Do you know anyone on this jury panel? ____ Yes (Who? _____________) ____ No

43. Is there anything else you think the Court and parties in this dispute should know about you that would affect your ability to be a fair and impartial juror in this case? ____Yes ____No

If yes, please describe. _______________________________________________ ___________________________________________________________________ ___________________________________________________________________

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VERIFICATION I, ________________________________, declare under penalty of perjury under the laws of the State of California that the foregoing responses I have given on this Juror Questionnaire, and on any attached sheets, if any, are true and correct to the best of my knowledge and belief. _______________________ (Date) _________________________________________ (Signature) Thank you for your answers.
Before returning this questionnaire to the Court, please check to see that you have answered all the questions.

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JOINT PROPOSED VOIR DIRE QUESTIONS In accordance with the Court's Case Management and Pretrial Order (D.I. 84), the parties jointly submit the following additional voir dire questions to be posed by the Court. * 1. * *

Have you ever believed or had the experience that someone else has used your intellectual property or work product inappropriately? If so, what happened? Explain the circumstances and what you did about the situation, if anything. Have you or a spouse, partner, significant other, or family member ever lost a job for reasons you consider unfair or unjustified? If so, please explain. Have you heard, read, or seen anything in the press or media about this lawsuit or any lawsuit that is similar? If so, what have you heard, read, or seen? Have you formed any opinions about this lawsuit based on what you have heard, read, or seen? Plaintiffs in this case are seeking punitive damages. Is there anyone here who has an opinion about whether punitive damages are appropriate in a business dispute? Do you have any strong feelings about any computer software companies? If yes, which companies? Please explain.

2. 3.

4. 5.

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SEPARATE PROPOSED VOIR DIRE QUESTIONS In accordance with the Court's Case Management and Pretrial Order (D.I. 84), the parties hereby separately submit the following additional voir dire questions to be posed by the Court. * * *

Defendants' Proposed Voir Dire Questions 1. All of the parties in this case are corporations. The ethics of corporations are often under question in the news these days. Do you have any strong feelings about corporations? 2. One of the defendants in this case, SAP AG, is based in Germany. Do you believe you will be unable to give fair and equal consideration to SAP AG because it is a German company?

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