Oracle Corporation et al v. SAP AG et al

Filing 741

Witness List by Tomorrownow Inc, SAP America Inc, SAP AG Defendants' Trial Witness List. (Froyd, Jane) (Filed on 8/5/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 741

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Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 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., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) DEFENDANTS' TRIAL WITNESS LIST

DEFENDANTS' TRIAL WITNESS LIST Case No. 07-CV-1658 PJH (EDL)

Dockets.Justia.com

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Defendants submit the attached trial witness list indicating all of those witnesses whom Defendants expect to call at trial, either in person or by deposition. See Exhibit "A," which is attached hereto and incorporated by reference as if fully set forth herein. Defendants' Trial Witness List should be considered to include testimony within the scope of Defendants' deposition designations. Certain witnesses named in the attached list provided all or some of their deposition testimony in a representative capacity (i.e., under Fed. R. Civ. P. 30(b)(6)) on behalf of a party or third party entity and that fact is noted on the face of their deposition transcript. In those instances, the designated witness shall be deemed to be the entity on whose behalf the individual provided the deposition testimony. The attached trial witness list is based on the claims and defenses currently asserted in this case and may be updated in light of the parties' ongoing efforts to streamline trial and depending on the Court's rulings on pending motions for summary judgment, motions in limine and Daubert motions. Moreover, consistent with this Court's orders, the attached list does not necessarily include all those witnesses whom Defendants may call at trial solely for impeachment or rebuttal. Dated: August 5, 2010 Respectfully submitted, 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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DEFENDANTS' TRIAL WITNESS LIST Case No. 07-CV-1658 PJH (EDL)

EXHIBIT A

ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' WITNESS LIST
WITNESS Abbo, Edward Adler, Todd Agassi, Shai SUBSTANCE OF TESTIMONY Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing Copyrights at issue TN acquisition; SAP and TN competition with Oracle; SAP's interactions with TN; SAP sales and marketing; SAP's products and services; Causation and damages Plaintiffs' agreements; Plaintiffs' sales and marketing Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing; Plaintiffs' business operations; Plaintiffs' competitive intelligence regarding TN; Causation and damages Causation and damages; Travel Centers of America Causation and damages; Honeywell TN's services; TN's business operations; TN's computer systems SAP's interactions with TN Plaintiffs' agreements; Plaintiffs' sales and marketing; Causation and damages Plaintiffs' products and services; Plaintiffs' agreements; Plaintiffs' sales and marketing; Plaintiffs' business operations TN's services; TN's business operations TN acquisition; TN's business operations; SAP's interactions with TN; SAP's financials and customer information; Causation and damages Causation and damages; Sara Lee TN's services; TN's business operations; SAP's interactions with TN Causation and damages TN's services; TN's business operations Plaintiffs' knowledge of TN; Plaintiffs' competitive intelligence regarding TN

Allison, Richard Andersen, Jesper

Anderson, Mark Bailey, Thomas Baugh, John Bigos, Paul Block, Keith Blotner, Richard Bowden, Matthew Brandt, Werner

Brazile, Steven Breuer, Martin Brook, Paul Buehrle, Jeffery Burke, John

Page 1 of 8

ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' WITNESS LIST
WITNESS Carey, Thomas Catz, Safra Clarke, Stephen Cooley, Paul Crossman, Meeia SUBSTANCE OF TESTIMONY SAP sales and marketing; SAP's products and services; Causation and damages Plaintiffs' financials and customer information; Causation and damages; Oracle's acquisitions of PeopleSoft and Siebel Expert report and related issues Causation and damages; Waste Management Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing; Plaintiffs' competitive intelligence regarding TN; Causation and damages Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' agreements; Plaintiffs' sales and marketing; Plaintiffs' competitive intelligence regarding TN; SAP and TN competition with Oracle; Causation and damages Authentication and admission of documents as needed Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' collection and retention of documents Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing; Plaintiffs' business operations; Causation and damages Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' agreements; Plaintiffs' financials and customer information; Plaintiffs' claims against SAP and TN; Plaintiffs' business operations; SAP and TN competition with Oracle; Causation and damages; Oracle's acquisitions of PeopleSoft and Siebel TN acquisition; TN's business operations; SAP's interactions with TN Expert report and related issues Plaintiffs' products and services; Plaintiffs' sales and marketing TN's services; TN's business operations; TN's computer systems; Causation and damages TN's services; TN's business operations
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Cummins, Richard

Custodian(s) or Declarant(s) of Record Diehl, Treasure Duggan, Paul

Ellison, Larry

Faye, Christopher Funck, Gary Furey, Marina Garafola, Michael Garcia, Larry

ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' WITNESS LIST
WITNESS Garcia, Melissa Garmus, David Geib, Bob SUBSTANCE OF TESTIMONY TN's services; TN's business operations; TN's computer systems Expert report and related issues TN's business operations; TN sales and marketing; TN's financials and customer information; SAP and TN competition with Oracle; SAP's interactions with TN; Causation and damages SAP sales and marketing Expert report and related issues Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' agreements; Plaintiffs' business operations; Causation and damages Plaintiffs' financials and customer information Causation and damages; Baker Botts Causation and damages; Apria Healthcare TN's services; TN's business operations; TN's computer systems Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing; Plaintiffs' claims against SAP and TN; Plaintiffs' investigation of TN; Plaintiffs' business operations; Plaintiffs' competitive intelligence regarding TN; SAP and TN competition with Oracle; Causation and damages Plaintiffs' knowledge of TN; Plaintiffs' investigation of TN; Plaintiffs' competitive intelligence regarding TN Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing; Plaintiffs' collection and retention of documents; Causation and damages SAP sales and marketing TN's services; TN's business operations; TN's computer systems Causation and damages; Electrolux Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' agreements; Plaintiffs' sales and marketing; Plaintiffs' competitive intelligence regarding TN; Causation and damages

Graf, Peter Gray, Stephen Grieshaber, Gary

Guner, Ivgen Hallenberger, Tracy Harrel, Robyn Harris, Desmond Henslee, Robbin

Homs, Charles Hummel, Christopher

Hurst, Terry Hyde, Catherine Jerome, Daniel Jones, Juan

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ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' WITNESS LIST
WITNESS Kagermann, Henning SUBSTANCE OF TESTIMONY TN acquisition; SAP and TN competition with Oracle; SAP's interactions with TN; SAP's financials and customer information; Causation and damages Plaintiffs' knowledge of TN; Plaintiffs' collection and retention of documents; Plaintiffs' claims against SAP and TN; Plaintiffs' computer systems; Plaintiffs' investigation of TN; Plaintiffs' business operations; Plaintiffs' competitive intelligence regarding TN Plaintiffs' financials and customer information; Causation and damages; Oracle's acquisitions of PeopleSoft and Siebel Plaintiffs' agreements Plaintiffs' financials and customer information SAP sales and marketing; SAP's products and services; Causation and damages Plaintiffs' knowledge of TN; Plaintiffs' collection and retention of documents; Plaintiffs' claims against SAP and TN; Plaintiffs' computer systems; Plaintiffs' investigation of TN; Plaintiffs' business operations; Causation and damages Causation and damages; Pepsi America TN's services; TN's business operations; TN's computer systems; SAP's interactions with TN; Causation and damages TN's services; TN's business operations; TN's computer systems TN's services; TN's business operations Plaintiffs' computer systems; TN's services; TN's business operations; TN's computer systems TN's business operations; TN sales and marketing TN's business operations; TN sales and marketing; SAP and TN competition with Oracle; SAP's interactions with TN; Causation and damages Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing; Plaintiffs' collection and retention of documents; Plaintiffs' investigation of TN; Plaintiffs' competitive intelligence regarding TN; Causation and damages
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Kees, Jason

Kehring, Douglas Kishore, Ann Knox, Darron Kobliska, Mary Koehler, Uwe

Kreul, John Kreutz, Mark Lanford, Peggy Lester, Beth Lester, George Loftus, Lesley Ludlam, Robert

Lyskawa, Nancy

ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' WITNESS LIST
WITNESS Mackey, James Martinez, Kimberley McCloskey, Mike McDermott, Bill SUBSTANCE OF TESTIMONY TN acquisition; SAP and TN competition with Oracle; SAP's interactions with TN TN's services; TN's business operations SAP sales and marketing; SAP's products and services; Causation and damages SAP and TN competition with Oracle; SAP's interactions with TN; SAP's financials and customer information; SAP sales and marketing; SAP's products and services; Causation and damages Plaintiffs' financials and customer information; Plaintiffs' business operations SAP's interactions with TN TN acquisition; TN's services; TN's business operations; TN sales and marketing; TN's financials and customer information; TN's computer systems; SAP and TN competition with Oracle; SAP's interactions with TN; Causation and damages TN's services; TN's business operations; TN sales and marketing; TN's computer systems; SAP and TN competition with Oracle Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' agreements; Plaintiffs' sales and marketing; Plaintiffs' investigation of TN; Plaintiffs' business operations; Causation and damages Causation and damages; Lexmark TN's services; TN's business operations TN's business operations; TN sales and marketing; TN's financials and customer information; SAP and TN competition with Oracle; SAP's interactions with TN Plaintiffs' products and services; Plaintiffs' agreements; Plaintiffs' sales and marketing; Plaintiffs' financials and customer information; Plaintiffs' claims against SAP and TN; Plaintiffs' business operations; Causation and damages TN's business operations; TN sales and marketing; SAP and TN competition with Oracle; Causation and damages

McMillan, Eileen Mrak, Jennifer Nelson, Andrew

Nelson, Shelley Nolan, Brad

O'Donnell, Jeffrey O'Neil, Owen Osterloh, Eric

Phillips, Charles

Phillips, Spencer

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ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' WITNESS LIST
WITNESS Plattner, Hasso Poplack, Michael Ransom, Buffy SUBSTANCE OF TESTIMONY SAP and TN competition with Oracle; SAP's products and services; Causation and damages Plaintiffs' agreements; Plaintiffs' business operations; Copyrights at issue; Causation and damages Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing; Plaintiffs' investigation of TN; Causation and damages Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' agreements; Plaintiffs' sales and marketing; Plaintiffs' business operations; TN acquisition; TN's services; TN's business operations; TN sales and marketing; SAP and TN competition with Oracle; SAP's interactions with TN; Causation and damages Expert report and related issues Causation and damages; Amgen Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' agreements; Plaintiffs' sales and marketing; Plaintiffs' collection and retention of documents; Plaintiffs' business operations; Plaintiffs' competitive intelligence; Causation and damages Plaintiffs' products and services; Plaintiffs' financials and customer information; Plaintiffs' business operations; SAP and TN competition with Oracle; Causation and damages TN's services; TN's business operations Plaintiffs' financials and customer information; Plaintiffs' business operations Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing; Plaintiffs' claims against SAP and TN; Plaintiffs' investigation of TN; Plaintiffs' competitive intelligence regarding TN; SAP and TN competition with Oracle; Causation and damages Plaintiffs' financials and customer information; Plaintiffs' business operations SAP sales and marketing; SAP's products and services; Causation and damages
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Ravin, Seth

Reifer, Donald Restmeyer, Dan Rottler, Juergen

Rozwat, Charles

Russell, Roderic Ryland, Keith Sanders, Tawanna

Sebti, Claire Shander, Stephen

ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' WITNESS LIST
WITNESS Shankle, Keith Shenkman, Arlen Shippy, Elizabeth SUBSTANCE OF TESTIMONY TN's services; TN's business operation; TN's computer systems TN acquisition; SAP's interactions with TN Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing; Plaintiffs' financials and customer information; Plaintiffs' collection and retention of documents; Plaintiffs' investigation of TN; Plaintiffs' business operations; Causation and damages Plaintiffs' sales and marketing; Causation and damages Causation and damages; NBC Universal Expert report and related issues Expert report and related issues Plaintiffs' financials and customer information; Plaintiffs' business operations Plaintiffs' products and services; Plaintiffs' computer systems; Plaintiffs' business operations SAP sales and marketing; SAP's products and services; Causation and damages TN's services; TN's business operations TN's service; TN's business operations; TN sales and marketing; TN's financials and customer information; SAP and TN competition with Oracle; SAP's interactions with TN TN's services; TN's business operations; TN's computer systems TN's services; TN's business operations; TN's computer systems; SAP's interactions with TN TN acquisition; TN's business operations; SAP's interactions with TN Plaintiffs' products and services; Plaintiffs' knowledge TN; Plaintiffs' sales and marketing; Plaintiffs' financials and customer information; Causation and damages Expert report and related issues Plaintiffs' products and services; Plaintiffs' computer systems
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Sim, Judith Singh, Bruno Sommer, Brian Spencer, Bruce Storn, David Story, Greg Subramanian, Rocky Surette, Peter Tanner, John

Testone, Josh Thomas, William Tseng, Stephen Van Boening, Michael

Vandaele, Walter Vardell, Daniel

ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' WITNESS LIST
WITNESS VonFeldt, Patti Walden, Wade Wasson, Robert Welz, Bernd SUBSTANCE OF TESTIMONY TN's services; TN's business operations; TN's computer systems TN's services; TN's business operations Causation and damages; McLennan County SAP and TN competition with Oracle; SAP's interactions with TN; SAP's financials and customer information; SAP sales and marketing; SAP's products and services; Causation and damages SAP sales and marketing Plaintiffs' financials and customer information; Plaintiffs' business operations TN's services; TN's business operations; TN sales and marketing; TN's financials and customer information; TN's computer systems; SAP and TN competition with Oracle; SAP's interactions with TN; SAP's financials and customer information; Causation and damages SAP's interactions with TN; SAP's products and services TN's services; TN's business operations SAP sales and marketing; SAP's products and services; Causation and damages Plaintiffs' products and services; Plaintiffs' sales and marketing; Causation and damages TN acquisition TN acquisition; TN's services; TN's business operations; TN sales and marketing; TN's financials and customer information; SAP and TN competition with Oracle; SAP's interactions with TN; SAP's financials and customer information; SAP sales and marketing; SAP's product and services; Causation and damages

Wendell, Michael West, Corey White, Mark

Wieditz, Uwe Williams, Kathy Wittenbrink, Mark Wookey, John Zepecki, John Ziemen, Thomas

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