Oracle Corporation et al v. SAP AG et al

Filing 770

Declaration of Zachary J. Alinder in Support of 769 MOTION No. 4: to Exclude Testimony of Defendants' Expert Donald Reifer filed byOracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 769 ) (Alinder, Zachary) (Filed on 8/19/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 770

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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 215695) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: 415.393.2286 [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., No. 07-CV-01658 PJH (EDL) DECLARATION OF ZACHARY J. Plaintiffs, ALINDER IN SUPPORT OF v. PLAINTIFFS' MOTION NO. 4: TO EXCLUDE TESTIMONY OF SAP AG, et al, DEFENDANTS' EXPERT DONALD Defendants. REIFER Date: Time: Place: Judge: September 30, 2010 9 a.m. Courtroom 3 Hon. Phyllis J. Hamilton
Case No. 07-CV-01658 PJH (EDL)

DECLARATION OF ZACHARY J. ALINDER IN SUPPORT OF PLAINTIFFS' MOT. NO. 4: TO EXCLUDE TESTIMONY OF DEFENDANTS' EXPERT DONALD REIFER
Dockets.Justia.com

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I, Zachary J. Alinder, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am

a partner at Bingham McCutchen LLP, counsel of record for plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Ltd., and Siebel Systems, Inc. (collectively, "Oracle"). I have personal knowledge of the facts stated within this Declaration and could testify competently to them if required. 2. Attached as Exhibit A is a true and correct copy of relevant excerpts from

the Expert Rebuttal Report of Donald Reifer, served by Defendants on March 26, 2010. Nonrelevant portions of the Report have been either excluded or redacted. 3. Attached as Exhibit B is a true and correct copy of relevant excerpts from

the transcript of the June 18, 2010 Deposition of Donald Reifer. Non-relevant portions of the deposition transcript have been either excluded or redacted. 4. Attached as Exhibit C is a true and correct copy of relevant excerpts from

the Expert Report of Paul C. Pinto, served by Oracle on November 16, 2009. Non-relevant portions of the Report have been either excluded or redacted. 5. Attached as Exhibit D is a true and correct copy of relevant excerpts from

the transcript of the May 19, 2010 Deposition of Paul C. Pinto. Non-relevant portions of the deposition transcript have been either excluded or redacted. 6. Attached as Exhibit E is a true and correct copy of the May 19, 2010

Notes re Response to Rebuttal Report of Donald Reifer, which was produced prior to Mr. Pinto's May 19, 2010 Deposition, and which was marked as Exhibit 3241 to the Deposition of Donald Reifer. Non-relevant portions of the deposition transcript have been either excluded or redacted.

I declare under penalty of perjury under the laws of the United States that the foregoing facts are true and correct, and that this Declaration was executed on August 19, 2010, in San Francisco, CA. /s/ Zachary J. Alinder Zachary J. Alinder 1
Case No. 07-CV-01658 PJH (EDL)

DECLARATION OF ZACHARY J. ALINDER IN SUPPORT OF PLAINTIFFS' MOT. NO. 4: TO EXCLUDE TESTIMONY OF DEFENDANTS' EXPERT DONALD REIFER