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).

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Oracle Corporation et al v. SAP AG et al Doc. 745 Att. 2 EXHIBIT B Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (pro hac vice application pending) 333 Main Street Armonk, NY 10504 Telephone: (914) 749-8200 Facsimile: (914) 749-8300 dboies@bsfllp.com STEVEN C. HOLTZMAN (SBN 144177) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: (510) 874-1000 Facsimile: (510) 874-1460 sholtzman@bsfllp.com 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: (415) 393-2000 Facsimile: (415) 393-2286 donn.pickett@bingham.com geoff.howard@bingham.com holly.house@bingham.com DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: (650) 506-4846 Facsimile: (650) 506-7114 dorian.daley@oracle.com jennifer.gloss@oracle.com 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 ramittelstaedt@jonesday.com jmcdonell@jonesday.com ewallace@jonesday.com 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 tglanier@jonesday.com jfroyd@jonesday.com 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 swcowan@jonesday.com jlfuchs@jonesday.com 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. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES SAP AG, et al., Defendants. 07-CV-01658 PJH (EDL) PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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.G 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). Footnotes are intended as references to evidence for the Parties and the Court, and shall not be read to the jury. 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. Separate Copies Each reference to a Copy in this Stipulation refers to a separate Copy of Oracle Enterprise Software, Oracle Database Software, Oracle Install Software, or Oracle Updates and Support Materials. For the vast majority of Copies, there is no double-counting. 07-CV-01658 PJH (EDL) 2 PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2005.1 C. 14. SAP TN's Computers and Network SAP TN owned dozens of computers, including servers, desktop computers and laptop computers, on which it stored Oracle Enterprise Software, Oracle Updates and Support Materials and Oracle Database Software. 15. After March 1, 2005, a significant amount of Oracle Enterprise Software, Oracle Updates and Support Materials and Oracle Database Software were copied onto or installed onto computers owned by SAP TN. 16. SAP TN's AS/400 was not brought into service by SAP TN until after March 1, 17. SAP TN stored at least 214,807 files (over 695 GB in size)2 and 602 libraries3 containing Oracle Updates and Support Materials on SAP TN's IBM AS/400 computer. 18. All copies of Oracle Enterprise Software ever present on SAP TN's AS/400 were copied onto or installed on SAP TN's AS/400 after March 1, 2005. 19. All copies of Oracle Updates and Support Materials ever present on SAP TN's AS/400 were copied onto SAP TN's AS/400 after March 1, 2005. 20. SAP TN's computer known as TN-FS01 was not brought into service by SAP TN until after March 1, 2005.4 21. SAP TN stored at least 273,663 files (over 154 GB in size)5 containing Oracle Updates and Support Materials on TN-FS01. See TN-OR02150053 (stating that "the handover of the AS[/]400 to TomorrowNow" is occurring on March 17-18, 2005). 2 See TN-OR01006965 ("jd-wsvr01 . . . is the xSeries server on the iSeries machine."); Table 17 of Appendix D to the Supplemental Expert Report of Kevin Mandia. 3 Defendants'' Third Amended Response to Request No. 11 of Plaintiffs'' Amended Fifth Set of Requests for Admission; id., Exhibit B. 4 1 See TN-OR09449935 (stating that "the COMPLETE file transfer . . . to the new TN-FS01" was completed on November 11, 2006). Prior to this date, a different server had been referred to as TN-FS01. See id. 5 Table 17 of Appendix D to the Supplemental Expert Report of Kevin Mandia. 3 07-CV-01658 PJH (EDL) PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22. All copies of Oracle Enterprise Software and Oracle Database Software on TN- FS01 were copied onto or installed on TN-FS01 after March 1, 2005. 23. All copies of Oracle Updates and Support Materials ever present on TN-FS01 were copied onto TN-FS01 after March 1, 2005. D. 24. Infringing Copies of Oracle Enterprise Software SAP TN Copied Oracle's Enterprise Software when it installed Oracle's Enterprise Software onto SAP TN's computer systems. SAP TN called these software Copies "environments." Some environments were live environments, available for immediate use by SAP TN employees. 25. SAP TN Copied Oracle's Enterprise Software when it created backups of the environments installed on SAP TN's computer systems. Backup environments were zipped or compressed Copies that would need to be restored before they were available for use by SAP TN employees. 26. SAP TN Copied Oracle's Enterprise Software when it restored backups of the environments onto SAP TN's computer systems. 27. SAP TN made at least 6,189 Copies of Oracle's PeopleSoft Software. Each such Copy constituted an infringement of one or more of the particular Stipulated Registered Works listed in Table A-1, below. These 6,189 Copies include at least 566 live environment Copies,6 3,141 backup Copies,7 and 2,482 restore Copies8: 6 These Copies consist of actual environments found on SAP TN's computer systems, as listed on the "Actual_Live" tab of ORCLX-MAN-000382. Each actual environment Copy is a Copy of both a version of a PeopleSoft base application, such as PeopleSoft 8 Customer Relationship Management, and a version of PeopleTools, such as PeopleTools 8.1. 7 These Copies consist of 2,669 backup Copies recorded in BakTrak, as listed in ORCLX-MAN000133, and 472 additional backup Copies, listed on ORCLX-MAN-000129, that were present on SAP TN's computer systems but not recorded in BakTrak. Each backup Copy is a Copy of both a version of a PeopleSoft base application, such as PeopleSoft 8 Customer Relationship Management, and a version of PeopleTools, such as PeopleTools 8.1. These Copies consist of 2,482 restore Copies recorded in BakTrak, as listed in ORCLX-MAN000132. Each restore Copy is a Copy of both a version of a PeopleSoft base application, such as PeopleSoft 8 Customer Relationship Management, and a version of PeopleTools, such as (Footnote Continued on Next Page.) 4 07-CV-01658 PJH (EDL) 8 PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 28. SAP TN made at least 29 Copies of Oracle's J.D. Edwards Software.9 Each such Copy constituted an infringement of one or more of the particular Stipulated Registered Works10 listed in Tables A-3 and A-4, below: 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 Date of Registration 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 (Footnote Continued from Previous Page.) PeopleTools 8.1. 9 These Copies consist of at least at least nine J.D. Edwards World A7.3 environments listed on Exhibit 45, at least 12 J.D. Edwards EnterpriseOne Xe environments listed on Exhibit 52, at least three J.D. Edwards World A8.1 environments listed on Exhibit 55, and at least one installation of J.D. Edwards EnterpriseOne Xe, J.D. Edwards EnterpriseOne 8.0, J.D. Edwards EnterpriseOne 8.10, J.D. Edwards EnterpriseOne 8.11, and J.D. Edwards EnterpriseOne 8.12, as discussed in instant messaging between Ashis Ghosh and Pete Surette . 10 See Attachment A, Tables A-3 and A-4. 5 07-CV-01658 PJH (EDL) PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Initial release of JD Edwards EnterpriseOne 8.12 Initial release of JD Edwards World A7.3 Initial release of JD Edwards World A8.1 April 26, 2007 April 26, 2007 April 26, 2007 TX 6-541-041 TX 6-541-029 TX 6-541-047 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 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 SAP TN made at least 31 Copies of Oracle's Siebel Software.11 Each such Copy 29. constituted an infringement of one or more of the particular Stipulated Registered Works12 listed in Table A-6, below: 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 E. Infringing Copies of Oracle Enterprise Software and Oracle Database Software from Oracle Install Software 30. SAP TN obtained Oracle Install Software through its customers. SAP TN made Copies of Oracle Enterprise Software and Oracle Database Software by Copying the Oracle Install Software that SAP TN obtained. 31. 11 SAP TN stored some electronic Copies of Oracle Install Software on its computer These Copies consist of at least six Siebel environments as listed on Exhibit 1623 and at least 25 copies and backup copies, as listed in ORCLX-MAN-000147. 12 See Attachment A, Table A-5. 6 07-CV-01658 PJH (EDL) PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 systems in an area it referred to as the "CD Client Jukebox" (the "SAP TN CD Client Jukebox"). 32. SAP TN Copied CDs of Oracle Enterprise Software and Oracle Database software, placed its own labels on the Copies, and stored them in a set of binders (the "SAP TN CD Binders"). 33. Attachment B is a photograph that fairly and accurately represents the SAP TN CD Binders as they were kept by SAP TN. 34. SAP TN made, from Oracle Install Software, at least 127 Copies of Oracle Enterprise Software that it stored in the SAP TN CD Client Jukebox,13 and at least 727 Copies of Oracle Enterprise Software or Oracle Database Software that it stored in the SAP TN CD Binders.14 35. The Copies of Oracle Enterprise Software and Oracle Database Software stored in the SAP TN CD Client Jukebox and the SAP TN CD Binders infringed one or more of the particular Stipulated Registered Works listed in Attachment A, Tables A-1, A-3, A-6 and A-8. F. Infringing Copies of Oracle Updates and Support Materials and of Component Files 36. SAP TN downloaded approximately 9 million Oracle Updates and Support Materials from Oracle's websites. 37. Of the Oracle Updates and Support Materials that SAP TN downloaded from Oracle's websites, at least 826,90515 were Copies that infringed one or more of the Stipulated Registered Works listed in Attachment A, Tables A-1, A-2, A-5 and A-7. 38. 13 14 The following 39,349 Copies made by SAP TN of Oracle Updates and Support Table 9 of the Appendices to the Supplemental Expert Report of Kevin Mandia. ¶ 233 of the Supplemental Expert Report of Kevin Mandia 15 Consisting of 114 Copies of Software and Support Materials found on the Data Warehouse, as described in Table 53 of the Appendices to the Supplemental Expert Report of Kevin Mandia; at least 225,843 Copies of Software and Support Materials found on the Data Warehouse and on DCITBU01, as described in Table 20 and ¶ 222 of the Supplemental Expert Report of Kevin Mandia; and, at least 600,948 Copies of Oracle Software, as described in Table 20 of Appendix E to the Supplemental Expert Report of Kevin Mandia. 7 07-CV-01658 PJH (EDL) PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Materials, taken together, infringed one or more of the Stipulated Registered Works listed in Attachment A, Tables A-3 and A-4: a. SAP TN made at least 31,334 Copies of Oracle Updates and Support Materials by downloading those Copies in excess of the license rights for customers Merck, Oce Technologies, SPX Cooling, SPX Flow, SPX WeilMcLain, Yazaki North America and Metro Machine;16 b. SAP TN made at least 5,442 Copies of Oracle Updates and Support Materials by downloading those Copies from Oracle's website into a generic download library--not a customer-specific library--at SAP TN, and then further Copying them into a customer-labeled folder for customer Praxair;17 and c. SAP TN made at least 2,573 Copies of Oracle Updates and Support Materials by downloading those Copies from Oracle's website and Copying them into a folder for TBC Corp., which was never an SAP TN customer.18 G. 39. SAP TN's Business SAP TN had access to Oracle Software, Oracle Database and Updates and Support Materials, and Install Software embodying each of the Stipulated Registered Works. 40. 41. SAP TN infringed each of the Stipulated Registered Works. SAP TN's support for the majority of its customers was based on SAP TN's use of other customers' software. 42. SAP TN continued to infringe some or all of the Stipulated Registered Works after Oracle filed this lawsuit on March 22, 2007. 43. Defendants had no authority or license to create all Copies described in Section II, 16 17 Table 15 of the Supplemental Expert Report of Kevin Mandia; ORCLX-MAN-000116. ORCLX-MAN-000389. 18 ORCLX-MAN-000389. 8 07-CV-01658 PJH (EDL) PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 above. III. VOLUNTARY DISMISSALS OF CERTAIN REGISTRATIONS AND DEFENSES 44. Oracle shall voluntarily dismiss its claims for copyright infringement as to the registrations listed in Attachment C, conditioned upon the execution of this stipulation by all Parties and upon entry of the Court's order regarding this stipulation. Defendants shall consent to dismissal with prejudice and shall waive costs and any claim for attorneys' fees associated with these registrations. 45. Defendants shall voluntarily dismiss their first, fifteenth and sixteenth affirmative defenses of copyright invalidity, statute of limitations and failure to mitigate, conditioned upon the execution of this stipulation by all Parties and upon entry of the Court's order regarding this stipulation. Plaintiffs shall consent to dismissal with prejudice and shall waive costs and any claim for attorneys' fees associated with these defenses. 46. All Parties shall be precluded from referring, directly or indirectly, at trial to dismissal of these registrations and defenses. IV. ADMISSIBILITY OF EVIDENCE 47. The Parties agree that Attachment A, Attachment B and the documents and Exhibits referenced in Section II shall be admitted into evidence at trial. 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. 9 07-CV-01658 PJH (EDL) PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 10 07-CV-01658 PJH (EDL) PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 11 PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Products19 The Cumulative Updates, separately listed in Table A-3, are also Oracle Update and Support Materials for Oracle's J.D. Edwards-branded products. 12 07-CV-01658 PJH (EDL) 19 PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 07-CV-01658 PJH (EDL) 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 PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 07-CV-01658 PJH (EDL) ATTACHMENT B PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT C Title of Work PeopleSoft 8.1 Customer Relationship Management PeopleSoft 8 EPM SP3 PeopleSoft 8.3 Enterprise Performance Management PeopleSoft 7.0 financials, distribution & manufacturing 7.0 PeopleSoft Financials and Supply Chain Management (FIN/SCM) 8.0 PeopleSoft 8 FIN/SCM SP1 PeopleSoft HRMS 8.0 PeopleTools 8.0 PeopleSoft Pension Administration 7 PeopleSoft Payroll 7 PeopleSoft Payroll Interface 7 PeopleSoft Time and Labor 7.0 PeopleSoft Benefits Administration 7.0 PeopleSoft Human Resources 7 PeopleSoft Payroll Interface 7 Higher Education PeopleSoft Time and Labor 7 PeopleSoft Benefits Administration 7.50 PeopleSoft Payroll Interface 7.50 PeopleSoft Pension Administration 7.50 PeopleSoft Human Resources 7.50 PeopleSoft Payroll 7.50 PeopleSoft Time and Labor 7.50 Current development environment for JD Edwards EnterpriseOne Xe Current development environment for JD Edwards EnterpriseOne 8.0 Current development environment for JD Edwards EnterpriseOne 8.9 Current development environment for JD Edwards EnterpriseOne 8.10 Current development environment for JD Edwards EnterpriseOne 8.11 Current development environment for JD Edwards EnterpriseOne 8.11 SP1 Current development environment for JD Edwards EnterpriseOne 8.12 Current development environment for JD Edwards World A7.3 Current development environment for JD Edwards World A8.1 Initial release of JD Edwards EnterpriseOne 8.9 Initial release of JD Edwards EnterpriseOne 8.11 SP1 Initial release of JD Edwards World A9.1 Cumulative Update 1 for JD Edwards Date of Registration March 20, 2002 March 30, 2001 March 11, 2002 December 15, 1998 November 20, 2000 March 26, 2001 November 20, 2000 September 5, 2000 June 21, 1999 June 22, 1999 June 22, 1999 June 28, 1999 June 15, 1999 June 28, 1999 June 28, 1999 June 28, 1999 June 14, 1999 June 21, 1999 June 21, 1999 June 28, 1999 June 28, 1999 June 28, 1999 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 May 1, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 Registration Number TX 5-493-450 TX 5-345-698 TX 5-485-839 TX 4-792-576 TX 5-291-439 TX 5-501-313 TX 5-291-440 TX 5-266-222 TX 3-772-290 TX 4-501-140 TX 4-501-138 TX 4-994-866 TX 4-258-824 TX 4-994-865 TX 5-013-124 TX 5-013-128 TX 5-072-090 TX 3-772-292 TX 3-772-291 TX 5-013-123 TX 5-013-125 TX 4-994-867 TXu1-345-109 TXu1-345-111 TXu1-345-112 TXu1-345-113 TXu1-345-114 TXu1-345-115 TXu1-346-350 TXu1-345-110 TX 6-545-422 TX 6-541-049 TX 6-541-040 TX 6-541-030 TX 6-541-039 07-CV-01658 PJH (EDL) 15 PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EnterpriseOne 8.11 SP1 Accounts Payable program Accounts Receivable program Capacity Requirements Planning program Configuration Management program EDI Interface (6) program Enterprise Facility Planning program Equipment Management (5) program Financial Modeling, Budgeting & Allocations program Financial Reporting (FASTR) program General Ledger & Basic Financial program Inventory Management program Master Production Scheduling program Product Data Management program Purchase Order Processing program Sales Order Processing/Sales Analysis program Shop Floor Control program Warehouse Management program WorldCASE Development Environment program WorldCASE Foundation Environment (3) program Siebel 8.0 Initial Release and Documentation Siebel 8.1.1 Initial Release and Documentation Oracle Relational Database Management System (RDBMS): Release 8.0.4 Oracle Relational Database Management System (RDBMS), Release 8.0.5 Oracle9i Database Enterprise : Edition Release 1 Oracle Database 10g: Release 1 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 June 29, 2009 June 29, 2009 November 21, 2001 November 21, 2001 June 13, 2003 January 16, 2009 TXu 619-320 TXu 619-312 TXu 619-307 TXu 619-305 TXu 619-304 TXu 619-311 TXu 619-309 TXu 619-321 TXu 619-318 TXu 619-310 TXu 619-314 TXu 619-306 TXu 619-317 TXu 619-316 TXu 619-315 TXu 619-303 TXu 619-313 TXu 619-308 TXu 619-319 TX 6-942-000 TX 6-942-001 TX 5-392-842 TX 5-392-861 TX 5-673-281 TX 6-938-648 16 07-CV-01658 PJH (EDL) PRE-TRIAL STIPULATION AND ORDER NO. 2 REGARDING CERTAIN FACTS, REGISTRATIONS AND DEFENSES

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