Oracle Corporation et al v. SAP AG et al

Filing 742

Witness List by Oracle USA Inc., Oracle EMEA Limited, Oracle International Corporation, Siebel Systems, Inc.. (Howard, Geoffrey) (Filed on 8/5/2010)

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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) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [e-mail] [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 Oracle USA, Inc., et al. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., v. Plaintiffs, Case No. 07-CV-01658 PJH (EDL) PLAINTIFFS' WITNESS LIST Date: Time: Place: Judge: September 30, 2010 9:00 am 3rd Floor, Courtroom 3 Hon. Phyllis J. Hamilton

SAP AG, et al., Defendants.

PLAINTIFFS' WITNESS LIST
D o c k

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Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems (collectively "Oracle") respectfully submit this Witness List identifying witnesses to be called either live or by deposition at trial, pursuant to the Court's Pretrial Instructions, the Stipulated Revised Case Management Order ("Case Management Order") filed June 11, 2009 (Docket # 325) and Federal Rule of Civil Procedure 26(a). Pursuant to the Court's Pretrial Instructions, this list identifies all witnesses to be called at trial, in person or by deposition, other than solely for impeachment or rebuttal purposes. Oracle reserves the right to call additional witnesses for purposes of impeachment or rebuttal at trial. Oracle also reserves the right to call any witness, either live or by deposition, identified on the witness lists of Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. (collectively "SAP"). Oracle's descriptions below intend to encompass all of Oracle's affirmative deposition designations, also filed today pursuant to the Case Management Order. Oracle reserves the right to narrow or amend this Witness List to account for court rulings or further proceedings. Contact information for each witness has been exchanged during the course of discovery. All Oracle affiliated witnesses must continue to be contacted through Oracle's counsel of record. Witness Ackermann, Norm Adler, Todd Allison, Richard Affiliation Oracle Oracle Oracle Brief Description of Substance of Testimony PeopleSoft products, development and support; Derivative works Copyright registrations; Copyright ownership/authorship Oracle license agreements; Oracle licensing practices, pricing and contracts; Oracle Websites and Terms of Use Copyrights Copyright ownership/authorship; JD Edwards products, development and support Oracle licensing practices, pricing and contracts Downloading investigation; Oracle support services

Angioletti, Thomas Baker, Dawn Barradas, Carlos Brook, Paul

Oracle Oracle Oracle Oracle

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PLAINTIFFS' WITNESS LIST

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Witness Catz, Safra

Affiliation Oracle

Brief Description of Substance of Testimony ERP software market and competition; PeopleSoft acquisition; Siebel acquisition; Oracle customer relationships; Oracle financial information; Hypothetical license expectations; Oracle support organization metrics and reports Downloading investigation; Damage/harm to Oracle data/systems; PeopleSoft products, development and support Impact of SAP's acquisition of TN on Oracle; Oracle support organization metrics and reports History and development of Oracle; Oracle business structure and management; Oracle product development information; Oracle software support; Oracle maintenance revenue; PeopleSoft acquisition; Siebel acquisition; Impact of SAP's acquisition of TN on Oracle; Harm to Oracle; ERP software competition/market; Hypothetical license expectations; Oracle financial results Oracle Database Software products and development PeopleSoft products, development and support; Derivative works Downloading investigation; Siebel products, development and support Oracle financial results and reports PeopleSoft products, development and support; Derivative works Downloading investigation; Damage/harm to Oracle data/systems Oracle corporate structure; Licensing; Inter-entity payments Downloading investigation; Damage/harm to Oracle data/systems Downloading investigation; Damage/harm to Oracle data/systems; Oracle support services; Customer Connection websites; Oracle Websites and Terms of Use; JD Edwards products, development and support 3

Chilikapati, Sid

Oracle

Cummins, Richard Ellison, Lawrence

Oracle Oracle

Fallon, Mark Fowler, Linda Furey, Marina Guner, Ivgen Ishiguro, Tanya Kees, Jason Kishore, Ann Koehler, Uwe O'Shea, Julie

Oracle Oracle Oracle Oracle Oracle Oracle Oracle Oracle Oracle

PLAINTIFFS' WITNESS LIST

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Witness Mickelsen, Brady

Affiliation Oracle

Brief Description of Substance of Testimony Oracle corporate structure; Copyright ownership; Computer systems ownership; Oracle acquisition of Sun Microsystems Oracle business structure and management; PeopleSoft acquisition; Siebel acquisition; Impact of SAP's acquisition of TN on Oracle; Harm to Oracle; Oracle financial information; Oracle customer relationships; Oracle sales and marketing; Oracle maintenance revenue; Hypothetical license expectations Customer Connection website; Downloading investigation; Damage/harm to Oracle's data/systems; JD Edwards products, development and support; JD Edwards copyrights; Oracle licensing practices and contracts; Copyright ownership/authorship Downloading investigation; Damage/harm to Oracle data/systems; Oracle support services; Customer Connection websites Oracle support services and materials; Software support industry; Third-party support providers; Oracle maintenance revenue; PeopleSoft acquisition; Siebel acquisition; Impact of SAP's acquisition of TN on Oracle; Oracle customer relationships; Oracle sales and marketing; Oracle support organization metrics and reports Oracle product development; PeopleSoft, JD Edwards, and Siebel product lines; Oracle Database Software products; Copyrights; Oracle business structure and management; Derivative works; Harm to Oracle; Oracle financial information; Oracle customer relationships; Oracle sales and marketing; Oracle copyrighted software and support materials Downloading investigation; Damage/harm to Oracle data/systems; JD Edwards products, development and support Siebel copyrights; Siebel products, development and support Downloading investigation; Damage/harm to Oracle data/systems 4

Phillips, Charles

Oracle

Ransom, Buffy

Oracle

Rice, Jason

Oracle

Rottler, Juergen

Oracle

Screven, Edward

Oracle

Story, Greg

Oracle

Vardell, Daniel Veum, Marlene

Oracle Oracle

PLAINTIFFS' WITNESS LIST

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Witness Agassi, Shai

Affiliation SAP

Brief Description of Substance of Testimony SAP's acquisition of TN; TN business case and projections; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of TN acquisition; Safe Passage and SAP TN marketing; SAP TN geographical and product expansions; ERP software competition/market; SAP corporate history and structure SAP's acquisition of TN; TN business case and projections; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of SAP TN acquisition; Safe Passage and SAP TN marketing; SAP TN geographical and product expansions; SAP and SAP TN post-litigation activities SAP's acquisition of TN; TN business case and projections; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of TN acquisition; Safe Passage and SAP TN marketing; SAP and SAP TN post-litigation activities SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of SAP TN acquisition; Safe Passage and SAP TN marketing; SAP TN geographical and product expansions; SAP and SAP TN post-litigation activities SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; SAP and SAP TN post-litigation activities SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of TN acquisition; Safe Passage and SAP TN marketing Safe Passage program; Benefits of TN acquisition; SAP's knowledge, oversight and direction of SAP TN's activities SAP's acquisition of TN; TN business case and projections; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of TN acquisition; Safe Passage and SAP TN marketing; SAP TN geographical and product expansions; SAP/TN post-litigation activities; ERP software 5

Apotheker, Leo

SAP

Brandt, Werner

SAP

Breuer, Martin

SAP

Crean, Tim Faye, Christopher

SAP SAP

Graf, Peter

SAP

Hurst, Terry

SAP

Kagermann, Henning

SAP

PLAINTIFFS' WITNESS LIST

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Witness

Affiliation

Brief Description of Substance of Testimony market; SAP TN downloading from Oracle websites

Mackey, James Oswald, Gerhard

SAP SAP

SAP's acquisition of TN SAP's acquisition of TN; TN business case and projections SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of TN acquisition; Safe Passage and SAP TN marketing; SAP/TN post-litigation activities; SAP TN geographical and product expansions SAP corporate history and structure; SAP's acquisition of TN SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities Oracle Database Software and SAP TN licenses; Oracle/SAP Reseller Agreement Oracle Database Software and SAP TN licenses; Oracle/SAP Reseller Agreement SAP's acquisition of TN SAP's acquisition of TN; Safe Passage and SAP TN marketing; SAP TN/Customer communications; SAP TN customer contracts and licensing SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; SAP TN geographical and product expansions SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of TN acquisition; Safe Passage and SAP TN marketing; SAP/TN post-litigation activities; Oracle Database Software and SAP TN licenses SAP's acquisition of TN; Safe Passage and SAP TN marketing SAP's acquisition of TN; TN business case and projections SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of TN acquisition; Safe Passage and SAP TN marketing; SAP and SAP TN post-litigation 6
PLAINTIFFS' WITNESS LIST

Plattner, Hasso Schmidt, Josef Scholten, Jochen Schraeder, Georg Shenkman, Arlen Trainor, Scott

SAP SAP SAP SAP SAP SAP

Tseng, Stephen Welz, Bernd

SAP SAP

White, Mark

SAP

Word, Jeff Zepecki, John Ziemen, Thomas

SAP SAP SAP

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Witness

Affiliation

Brief Description of Substance of Testimony activities

Arakib, Hadi

TomorrowNow

SAP TN business model and support services; TN copying, modification, public display, distribution and use of Oracle software and support materials SAP TN downloading from Oracle websites; TN copying, public display, modification, distribution and use of Oracle software; SAP TN business model and support services; SAP TN post-litigation activities; Oracle Database Software and SAP TN licenses; SAP TN spoliation and document destruction SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials

Baugh, John

TomorrowNow

Bowden, Matthew

TomorrowNow

Buerhle, Jeff

TomorrowNow/ SAP TN business model and support services; SAP Summit TN copying, modification, distribution and use of Technologies Oracle software and support materials; SAP TN postlitigation activities TomorrowNow SAP TN business model and support services; SAP TN/Customer communications; TN sales practices and results; Safe Passage and SAP TN marketing; SAP's knowledge, oversight and direction of SAP TN's activities SAP TN business model and support services; SAP TN downloading from Oracle websites; development and testing of SAP TN automated download tools SAP TN business model and support services; SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials

Geib, Bob

Deling, Mark

TomorrowNow

Garafola, Michael

TomorrowNow

Garcia, Larry

TomorrowNow

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PLAINTIFFS' WITNESS LIST

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Witness Garcia, Melissa

Affiliation TomorrowNow

Brief Description of Substance of Testimony SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials; ; SAP TN downloading from Oracle websites; development and testing of TN automated download tools SAP TN business model and support services; SAP TN downloading from Oracle websites SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN business model and support services; SAP TN history and corporate structure; SAP TN post-litigation activities SAP TN business model and support services; SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN business model and support services; SAP TN postlitigation activities; SAP TN spoliation and document destruction; SAP TN/Customer communications; SAP's knowledge, oversight and direction of SAP TN's activities SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN business model and support services SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials; Oracle Database Software and SAP TN licenses; development and testing of SAP TN automated download tools; SAP's knowledge, oversight and direction of SAP TN's activities 8

Harris, Desmond Hyde, Catherine

TomorrowNow TomorrowNow

Jin, Jerry

TomorrowNow

Jones, Wanda

TomorrowNow

Kreutz, Mark

TomorrowNow

Lanford, Peggy

TomorrowNow

Lester, Beth

TomorrowNow

Lester, George

TomorrowNow

PLAINTIFFS' WITNESS LIST

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Witness Loftus, Lesley

Affiliation TomorrowNow

Brief Description of Substance of Testimony Safe Passage and SAP TN marketing; TN customer communications; SAP's knowledge, oversight and direction of SAP TN's activities; SAP TN business model and support services SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials SAP TN history and corporate structure; SAP TN business model and support services; Third party support market; SAP TN copying, modification, distribution and use of Oracle software and support materials; Oracle Database Software and SAP TN licenses; SAP TN/Customer communications; SAP TN sales practices and results; SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; Safe Passage and SAP TN marketing; SAP TN geographical and product expansions; SAP and SAP TN post-litigation activities TN history and corporate structure; SAP TN business model and support services; SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; SAP TN downloading from Oracle websites; Development and testing of SAP TN automated download tools; SAP TN spoliation and document destruction; SAP and SAP TN postlitigation activities; Oracle Database Software and SAP TN licenses SAP TN history and corporate structure; SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution, public display and use of Oracle software and support materials; SAP TN business model and support services; SAP TN post-litigation activities; Oracle Database Software and SAP TN licenses; SAP TN/Customer communications; SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities

Martinez, Kimberly

TomorrowNow

Nelson, Andrew

TomorrowNow

Nelson, Gregory

TomorrowNow

Nelson, Shelley

TomorrowNow

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PLAINTIFFS' WITNESS LIST

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Witness O'Neil, Owen

Affiliation TomorrowNow

Brief Description of Substance of Testimony SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN business model and support services; SAP TN postlitigation activities; SAP TN geographical and product expansions; SAP's knowledge, oversight and direction of SAP TN's activities SAP TN business model; SAP's acquisition of TN; Safe Passage and SAP TN marketing; SAP TN/Customer communications; SAP TN customer contracts and licensing; SAP TN sales practices and results; SAP's knowledge, oversight and direction of SAP TN's activities SAP TN business model; Safe Passage and SAP TN marketing; SAP TN/Customer communications; SAP TN customer contracts and licensing; SAP TN sales practices and results; SAP's knowledge, oversight and direction of SAP TN's activities SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials SAP TN business model and support services; SAP TN downloading from Oracle websites; development and testing of SAP TN automated download tools; SAP TN spoliation and document destruction SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN spoliation and document destruction; SAP TN postlitigation activities SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN downloading from Oracle websites SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN business model and support services; SAP TN history and corporate structure; SAP TN post-litigation activities; SAP TN spoliation and document destruction 10

Osterloh, Eric

TomorrowNow

Phillips, Spencer

TomorrowNow

Piper, Sharon

TomorrowNow

Ritchie, John

TomorrowNow

Russell, Roderic

TomorrowNow

Shankle, Keith

TomorrowNow

Surette, Peter

TomorrowNow

PLAINTIFFS' WITNESS LIST

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Witness Tanner, John

Affiliation TomorrowNow

Brief Description of Substance of Testimony SAP TN business model and support services; SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials SAP TN history and corporate structure; SAP TN business model and support services; SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials; development and testing of SAP TN automated download tools; SAP TN post-litigation activities SAP TN servers and network structure; SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials; Oracle Database Software and SAP TN licenses; SAP's knowledge, oversight and direction of SAP TN's activities SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN downloading from Oracle websites SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN downloading from Oracle websites SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN postlitigation activities; SAP's knowledge, oversight and direction of SAP TN's activities

Testone, Josh

TomorrowNow

Thomas, William

TomorrowNow

VonFeldt, Patti

TomorrowNow

Walden, Wade

TomorrowNow

Williams, Kathy

TomorrowNow

Ravin, Seth

TomorrowNow/ SAP TN history and corporate structure; SAP TN Rimini Street business model and support services; SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; Safe Passage and SAP TN marketing; SAP TN geographical and product expansions; SAP TN/Customer communications; SAP TN sales practices and results; Rimini Street history and corporate structure; Rimini Street business model Baker Botts LLP Baker Botts software licenses and software support services 11
PLAINTIFFS' WITNESS LIST

Hallenberger, Tracy

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Witness O'Donnell, Jeffrey Wasson, Robert Singh, Bruno Kreul, John Anderson, Mark Cooley, Paul Levy, Daniel Lichtman, Douglas

Affiliation Lexmark McLennan County NBC Universal Pepsi Americas, Inc. Travel Centers of America Waste Management Expert Expert

Brief Description of Substance of Testimony Lexmark software licenses and software support services McLennan County software licenses and software support services NBC Universal software licenses and software support services Pepsi software licenses and software support services Travel Centers software licenses and software support services Waste Management software licenses and software support services Statistical analyses supporting Mr. Mandia's analysis Economic and public policy rationale for fair market value license of copyrighted materials, and as appropriate damages measure Copying, modification, distribution and use of Oracle software and support materials. Nature and effect of access to Oracle websites Damages Avoided development costs, delays and risks Authentication and admission of documents, as needed Authentication and admission of documents, as needed SAP TN's business records related to support

Mandia, Kevin

Expert

Meyer, Paul Pinto, Paul Oracle Custodian(s) of Records Oracle Business Records Declarant(s) Ernie Liu

Expert Expert Oracle Oracle Mandiant Corporation

DATED: August 5, 2010

Bingham McCutchen LLP By: /s/ Geoffrey M. Howard Geoffrey M. Howard Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc.

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PLAINTIFFS' WITNESS LIST