Oracle Corporation et al v. SAP AG et al

Filing 745

Joint Pretrial Conference Statement by Oracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc., SAP AG, SAP America, Inc., Tomorrownow Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Howard, Geoffrey) (Filed on 8/5/2010) Modified on 8/6/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 745 Att. 1

EXHIBIT A

Dockets.Justia.com

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BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (pro hac vice application pending) 333 Main Street Armonk, NY 10504 Telephone: [phone] Facsimile: [phone] [e-mail] STEVEN C. HOLTZMAN (SBN 144177) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] [e-mail] BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc.

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: (415) 626­3939 Facsimile: (415) 875­5700 [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: (650) 739­3939 Facsimile: (650) 739­3900 [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: (832) 239­3939 Facsimile: (832) 239­3600 [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, No. 07-CV-01658 PJH (EDL) PRE-TRIAL STIPULATION AND [PROPOSED] ORDER NO. 1 REGARDING CERTAIN FACTS, AUTHENTICATION OF DOCUMENTS, AND FEDERAL RULE OF EVIDENCE 1006 SUMMARIES
07-CV-01658 PJH (EDL)

SAP AG, et al., Defendants.

PRE-TRIAL STIPULATION AND ORDER NO. 1 REGARDING CERTAIN FACTS, AUTHENTICATION OF DOCUMENTS, AND FRE 1006 SUMMARIES

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Plaintiffs Oracle USA, Inc. ("Oracle USA"), Oracle International Corporation ("OIC"), Oracle EMEA Limited, and Siebel Systems, Inc. ("SSI"; and, together with Oracle USA, OIC and Oracle EMEA Ltd., "Oracle") and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc ("SAP TN"; and, together with SAP AG and SAP America, Inc., "Defendants"; and, all together with Oracle, the "Parties"), jointly enter this Stipulation and Order (the "Stipulation"). WHEREAS, the Parties have spent three years conducting voluminous discovery, producing more than 10 TB of data and taking nearly 1,000 record hours of deposition thus far; WHEREAS, on May 5, 2010, the Court instructed the Parties to meet and confer so as to streamline this matter for trial; NOW, THEREFORE, THE PARTIES HEREBY STIPULATE, through their respective counsel of record, as follows: I. DEFINITIONS 1. "Copy," used as a noun, means a reproduction of, a derivative work of, or a public

display of any Oracle Enterprise Software, Oracle Database Software, Oracle Install Software or Oracle Updates and Support Materials that embody a substantial portion of one or more Stipulated Registered Works. "Copy," used as a verb, means to reproduce, to create a derivative work from, or to publicly display any Oracle Enterprise Software, Oracle Database Software, Oracle Install Software or Oracle Updates and Support Materials that embody a substantial portion of one or more Stipulated Registered Works. 2. "Oracle Database Software" means Oracle's Relational Database Management

System software. 3. "Oracle Enterprise Software" means Oracle's J.D. Edwards Software, Oracle's

PeopleSoft Software, and Oracle's Siebel Software. 4. "Oracle Install Software" means install media in the form of a CD or DVD, an

electronic image of a CD or DVD, a binary executable, or a compressed file that, when run or executed, creates one or more instances of Oracle Enterprise Software or Oracle Database Software.
07-CV-01658 PJH (EDL)

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5.

"Oracle's J.D. Edwards Software" means Oracle's J.D. Edwards-branded enterprise

application software. 6. "Oracle's PeopleSoft Software" means Oracle's PeopleSoft-branded enterprise

application software. 7. software. 8. "Oracle Updates and Support Materials" means without limitation all program "Oracle's Siebel Software" means Oracle's Siebel-branded enterprise application

updates, software updates, bug fixes, patches, custom solutions, and instructional materials created or owned by Oracle, or derived from, copied from, or based on any such materials, including by SAP AG, SAP America or SAP TN, across the entire family of PeopleSoft-branded, J.D. Edwards-branded, and Siebel-branded products. 9. "Stipulated Registered Works" means Oracle's copyright registrations for Oracle

Software, Oracle Database and Oracle Updates and Support Materials as listed in Attachment A. II. FACTS A. 10. Interpretation under the Case Management and Pretrial Order Sections I and II.B-II.C of this Stipulation shall be considered "relevant and

undisputed facts to which the parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits." See Case Management and Pretrial Order, Dkt. 84, at 3(a)(iii). 11. The Parties agree that Oracle is not prohibited from entering evidence at trial

relating to any stipulated facts set forth below. 12. The Parties agree that Oracle is permitted to characterize any stipulated facts that

refer or relate to Copying as concessions or admissions. B. 13. Oracle's Copyright Registrations Oracle USA, together with predecessors-in-interest, or SSI authored each of the

Stipulated Registered Works. 14. 15. OIC or SSI owns all of the Stipulated Registered Works. OIC holds exclusive copyright rights in all of the Stipulated Registered Works, 07-CV-01658 PJH (EDL) 2

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C. 16.

Copyrightable Subject Matter Each Stipulated Registered Work includes one or more computer programs or other

literary works that are original works of authorship fixed in a tangible medium of expression under the meaning of the copyright law, and is protected under United States copyright law. 17. Software companies typically create many new versions of their software, and

voluminous updates to it that they separately create. It is impractical and unnecessary to register all of them with the Copyright Office because each later software versions typically contains virtually all of the code contained in earlier versions. The versions Copied by SAP TN of Oracle Enterprise Software and Oracle Database Software may not match exactly the versions of the Oracle Enterprise Software and Oracle Database Software in the Stipulated Registered Works. Nonetheless, the existence of those Copies on SAP TN computers is sufficient to prove Plaintiffs' copyright infringement claims in order to prove infringement. 18. All Stipulated Registered Works that are derivative works incorporate all or almost

all protected expression contained within the preceding versions of the same work. A reproduction or public display of a preceding version, or a derivative work based on the preceding version, is also a reproduction or public display of or a derivative work that contains a substantial amount of the protected expression found within the derivative version. Therefore, a reproduction of the preceding version, a public display of the preceding version, or a derivative work based on the preceding version is a Copy that infringes the copyright registration for the derivative work. 19. For example, a reproduction that SAP TN made of the Oracle Software named

PeopleSoft HRMS 7.02 contains a substantial portion of the code, schema and other protected expression found in the Stipulated Registered Work named PeopleSoft HRMS 7.5. The reproduction of PeopleSoft HRMS 7.02 is thus a Copy of PeopleSoft HRMS 7.5, and is covered by the copyright registration that Plaintiffs have asserted for PeopleSoft HRMS 7.5. 20. All derivative works for which the preceding works are Stipulated Registered

Works incorporate all or almost all protected expression contained within the preceding versions of the same work. A reproduction or public display of a derivative version, or a derivative work 07-CV-01658 PJH (EDL) 3
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based on the derivative version, is also a reproduction or public display of or a derivative work that contains all or almost all of the protected expression found within the preceding version. Therefore, a reproduction of the derivative version, a public display of the derivative version, or , or a derivative work based on the derivative version is a Copy that infringes the copyright registration for the preceding work. 21. For example, a reproduction that SAP TN made of the Oracle Software named

PeopleSoft HRMS 7.02, contains a substantial portion of the code, schema and other protected expression found in the Stipulated Registered Work named PeopleSoft HRMS 7.0. The reproduction of PeopleSoft HRMS 7.02 is thus a Copy of PeopleSoft HRMS 7.0, and is covered by the copyright registration that Plaintiffs have asserted for PeopleSoft HRMS 7.0. 22. As illustrated in the examples above, for the majority of versions of Oracle

Software and Oracle Database copied by SAP TN, a reproduction of, public display of, or or a derivative work that embodies any given version of Oracle Software or Oracle Database is both a Copy of a preceding Stipulated Registered Work and a Copy of a derivative Stipulated Registered Work. 23. All Copies made by SAP TN embody particular expressions, protected by the

copyright law, that are expressions of ideas found in one or more of the Stipulated Registered Works. Certain of the Stipulated Registered Works contain objects and schema. 24. An "object" is an individual computer program that is a building block of the large,

enterprise software products at issue in this case. Objects are often described by referencing the programming language used to create them, or by file extension appended to the name of the file. Objects include COBOL files, SQR files, SQC files, PeopleCode objects, fields, records, pages, menus, components, messages, panels, stored statements, panel groups, rule packages, DAT files, DMS files, project files, batch files, configuration files, .c and .h files. Some files contain collections of objects or portions of them, such as Electronic Software Updates (known as "ESUs"), code changes and paper fixes. These objects are protected by United States copyright law. A Copy of any of them constitutes, reproduction, distribution, public display or creation of a derivative work that embodies a substantial amount of protected expression contained within 07-CV-01658 PJH (EDL) 4
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one or more of the Stipulated Registered Works. 25. A "schema" is a set of database structures such as tables and fields, together with

the relationships between those database structures. Schema are contained within Oracle Software, such as for Oracle's PeopleSoft-branded software, and in Oracle Database. These schema are protected by United States copyright law. A Copy of any of them constitutes a reproduction, distribution, public display or creation of a derivative work that embodies a substantial amount of protected expression contained within one or more of the Stipulated Registered Works 26. SAP TN reproduced, publicly displayed, distributed and modified many of the

objects and schema included in Oracle Enterprise Software and Oracle Database Software as part of providing service to its customers. That Copying constituted infringement of the Stipulated Registered Works. III. CONSENT TO CONFORM TO PROOF AT TRIAL 27. IV. Oracle may conform the list of copyright registrations in suit to proof at trial.

ADMISSIBILITY OF EVIDENCE 28. The Parties agree that Attachment A shall be admitted into evidence at trial.

V.

AUTHENTICATION 29. All documents produced by the parties in discovery in the above-named action are

deemed authenticated for purposes of this litigation only pursuant to Federal Rule of Evidence 901. VI. FEDERAL RULE OF EVIDENCE 1006 SUMMARIES 30. In light of the volume of evidence at issue in this litigation, neither party will object

to a chart or summary of voluminous evidence introduced pursuant to Federal Rule of Evidence 1006 ("FRE 1006 Summary") on the grounds that an attorney prepared the FRE 1006 Summary. 31. The Parties also agree that a sponsoring witness will be identified for each FRE

1006 Summary by the Party seeking to introduce that summary. The sponsoring witness will be made available for questioning at trial regarding the contents of the FRE 1006 Summary, the process for generation of the FRE 1006 Summary, and the underlying evidence. 07-CV-01658 PJH (EDL) 5
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07-CV-01658 PJH (EDL)

DATED: July [__], 2010

BINGHAM McCUTCHEN LLP By: Geoff Howard 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: July [__], 2010 JONES DAY By: Scott Cowan Attorneys for Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc.

IT IS SO ORDERED.

Dated: July ___, 2010 _________________________________ Phyllis J. Hamilton United States District Judge

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ATTACHMENT A
Title of Work PeopleSoft 8 Customer Relationship Management PeopleSoft 8.8 Customer Relationship Management PeopleSoft 8.8 Enterprise Performance Management PeopleSoft Financials, Distribution & Manufacturing 7.5 PeopleSoft 8 Financials and Supply Chain Management: Service Pack 2 PeopleSoft 8.4 Financials and Supply Chain Management PeopleSoft HRMS 7.0 PeopleSoft HRMS 7.5 PeopleSoft 8 HRMS SP1 PeopleSoft 8.3 HRMS PeopleSoft 8.8 HRMS PeopleSoft 8 Student Administration Solutions PeopleTools 7.5 PeopleTools 8.10 PeopleTools 8.4 Date of Registration September 27, 2001 June 11, 2004 June 11, 2004 December 15, 1998 September 27, 2001 August 5, 2002 December 15 1998 December 15, 1998 March 26, 2001 February 1, 2002 June 11, 2004 November 30, 2001 November 20, 1998 September 5, 2000 August 5, 2002 Registration Number TX-5-456-777 TX 6-015-317 TX-5-993-616 TX 4-792-574 TX-5-456-780 TX-5-586-247 TX 4-792-577 TX 4-792-575 TX 5-501-312 TX 5-469-032 TX 6-093-947 TX 5-431-289 TX 4-792-578 TX 5-266-221 TX 5-586-248

Table A-1: Infringed PeopleSoft Application Registrations
Date of Registration July 1, 2009 April 26, 2007 April 26, 2007 May 2, 2008 May 2, 2008 May 2, 2008

Title of Work Database of Documentary Customer Support Materials for PeopleSoft Software PeopleTools Third Party Daylight Saving Time Required Modifications PeopleTools Third Party Daylight Saving Time Required Modifications (Revised) PeopleSoft 8.01 & 8.31 Payroll Tax Update 05-F Year-End Processing: Canada PeopleSoft Payroll 1200457000 - User Documentation PeopleSoft Application Update Installation Instructions (UPD595817)

Registration Number TXu1-607-454 TX 6-541-019 TX 6-541-018 TX 6-838-549 TX 6-838-537 TX 6-838-544

Table A-2: Infringed Oracle Updates and Support Materials Registrations for Oracle's PeopleSoft-branded Products
Date of Registration April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 Registration Number TX 6-541-033 TX 6-541-050 TX 6-541-038 TX 6-541-028 TX 6-541-041
07-CV-01658 PJH (EDL)

Title of Work Initial release of JD Edwards EnterpriseOne Xe Initial release of JD Edwards EnterpriseOne 8.0 Initial release of JD Edwards EnterpriseOne 8.10 Initial release of JD Edwards EnterpriseOne 8.11 Initial release of JD Edwards EnterpriseOne 8.12

7

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1

Title of Work Initial release of JD Edwards World A7.3 Initial release of JD Edwards World A8.1

Table A-3: Infringed J.D. Edwards Application Registrations
Date of Registration April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 May 1, 2007

Date of Registration April 26, 2007 April 26, 2007

Registration Number TX 6-541-029 TX 6-541-047

Title of Work Cumulative Update 8 for JD Edwards EnterpriseOne Xe Cumulative Update 1 for JD Edwards EnterpriseOne 8.0 Cumulative Update 2 for JD Edwards EnterpriseOne 8.10 Cumulative Update 1 for JD Edwards EnterpriseOne 8.12 Cumulative Update 16 for JD Edwards World A7.3 Cumulative Update 6 for JD Edwards World A8.1

Registration Number TX 6-541-048 TX 6-541-034 TX 6-541-032 TX 6-541-042 TX 6-541-031 TX 6-545-421

Table A-4: Infringed J.D. Edwards Cumulative Update Registrations
Date of Registration July 1, 2009 April 26, 2007 May 3, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 Registration Number TXu1-607-455 TX 6-541-025 TX 6-541-051 TX 6-541-046 TX 6-541-036 TX 6-541-037 TX 6-541-035 TX 6-541-027 TX 6-541-045 TX 6-541-043 TX 6-541-044 TX 6-541-022 TX 6-541-024 TX 6-541-023 TX 6-541-026 TX 6-541-020 TX 6-541-021

Title of Work Database of Documentary Customer Support Materials for J.D. Edwards Software Changes to Daylight Savings Time for 2007 (DST) ESU for JD Edwards EnterpriseOne Xe ESU for JD Edwards EnterpriseOne 8.0 ESU for JD Edwards EnterpriseOne 8.9 ESU for JD Edwards EnterpriseOne 8.10 ESU for JD Edwards EnterpriseOne 8.11 ESU for JD Edwards EnterpriseOne 8.11 SP1 ESU for JD Edwards EnterpriseOne 8.12 Code Change for JD Edwards World A7.3 Code Change for JD Edwards World A8.1 E1: 07/77: Quantum for Payroll Tax v.280 E1: 1099: Year 2006 1099 ESUs EAP WTHD06: 1099 IRS changes for the year 2006 JD Edwards World -- 1099 Changes for Tax Year 2006 ECRM89: Common Errors on Mobile Sales GM--Grants issues resolved by FMS ESA 8.9 Bundle #10-653723 (Oct 06)

Table A-5: Infringed Oracle Updates and Support Materials Registrations for Oracle's J.D. Edwards-branded Products1

The Cumulative Updates, separately listed in Table A-3, are also Oracle Update and Support Materials for Oracle's J.D. Edwards-branded products. 8
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Title of Work Siebel 6.3 Initial Release and Documentation Siebel 7.0.5 Initial Release and Documentation Siebel 7.5.2 Initial Release and Documentation Siebel 7.7.1 Initial Release and Documentation Siebel 7.8 Initial Release and Documentation

Date of Registration June 29, 2009 June 29, 2009 June 29, 2009 June 29, 2009 June 29, 2009

Registration Number TX 6-941-989 TX 6-941-988 TX 6-941-990 TX 6-941-993 TX 6-941-995

Table A-6: Infringed Siebel Application Registrations
Title of Work Database of Documentary Customer Support Materials for Siebel Software Date of Registration July 1, 2009 Registration Number TXu1-607-453

Table A-7: Infringed Oracle Updates and Support Materials Registrations for Oracle's Siebel-branded Products
Date of Registration February 2, 2001 June 13, 2003 June 29, 2009 Registration Number TX 5-222-106 TX 5-673-282 TX 6-942-003

Title of Work Oracle 8i Enterprise Edition, release 2 (8.1.6) Oracle9i Database Enterprise : Edition Release 2 Oracle Database 10g: Release 2

Table A-8: Infringed Oracle Database Registrations

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