Oracle Corporation et al v. SAP AG et al

Filing 758

Declaration of Jennifer Gloss in Support of 730 Defendants' Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Document in Support of Defendants' Motions in Limine filed byOracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Related document(s) 730 ) (Howard, Geoffrey) (Filed on 8/12/2010) Modified on 8/13/2010 (vlk, COURT STAFF).

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

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: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., v. Plaintiffs, CASE NO. 07-CV-01658 PJH (EDL) DECLARATION OF JENNIFER GLOSS IN SUPPORT OF ADMINISTRATIVE MOTION TO SEAL PLAINITFFS' DOCUMENT IN SUPPORT OF DEFENDANTS' MOTIONS IN LIMINE

SAP AG, et al., Defendants.

DECLARATION OF JENNIFER GLOSS IN SUPPORT OF ADMINISTRATIVE MOTION TO SEAL

Case No. 07-CV-01658 PJH (EDL)
A/73460265.1/2021039-0000324170

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

I, Jennifer Gloss, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am Senior

Corporate Counsel at Oracle America, Inc., successor to Oracle USA, Inc. ("Oracle"). I have personal knowledge of the facts stated within this Declaration and could testify competently to them if required. 2. I have reviewed the following document filed in support of Defendants' Motions

in Limine: Exhibit K to the Declaration of Jason McDonell in Support of Defendants' Motions in Limine. 3. Exhibit K is a March 1, 2010 Declaration of Norm Ackermann filed in support of

Oracle's Motion of Partial Summary Judgment (D.I. 650). 4. The Ackermann Declaration contains excerpts of and information regarding

Oracle's source code. Specifically, the Ackermann Declaration at paragraph 10 identifies specific fields and tables in Oracle's database schema. The Ackermann Declaration at paragraph 21 contains excerpts of Oracle's software code for HRMS 7.0, 7.5 and 8.0 SP1. Paragraphs 23 and 24 of the Ackermann Declaration identify specific lines of Oracle's code. Oracle employs extraordinary measures to protect the confidentiality of its software code, including by restricting the redistribution, copying, or other disclosure of the code by customers and others with access to the code. Oracle's code is extremely sensitive, valuable and proprietary information, and is at the core of the products and services Oracle provides to its customers. Public disclosure of this information would cause competitive harm by giving competitors as well as would-be infringers unrestricted access to Oracle's source code. 5. The Ackermann Declaration contains non-public, commercially sensitive, private

and confidential information, the disclosure of which would create a risk of significant competitive injury and particularized harm and prejudice to Oracle. 6. Oracle has continued to protect and treat the information in the specific portions

of the Ackermann Declaration identified in paragraph 4 above as confidential information and has previously submitted these portions of the Ackermann Declaration under seal. 7. Oracle has narrowly tailored its request by only requesting redaction or sealing of 1
DECLARATION OF JENNIFER GLOSS IN SUPPORT OF ADMINISTRATIVE MOTION TO SEAL

Case No. 07-CV-01658 PJH (EDL)
A/73460265.1/2021039-0000324170

1 2
3
4

t h e specific p o r t i o n s o f t h e A c k e r m a n n D e c l a r a t i o n t h a t c o n t a i n t h e m o s t c o m m e r c i a l l y s e n s i t i v e , private and confidential information, as identified above.
~ I declar~

under penalty o f perjury that the foregoing is true and correct. Executed

in ~ JI\

\ - ( a J \ e . J ~ L O , C a l i f o r n i a , o n A u g u s t ! l , 2010.

5 6
7

8

9 10
11
12

13
14 15 16

17 18 19
20 21 22 23 24

25
26 27

28
2
DECLARA n O N OF JENNIFER GLOSS IN SUPPORT OF ADMINISTRATIVE MOTION T O SEAL

Case No. 07-CY-01658 PlH (EDL)

N73460265.1/2021039-0000324I70