Oracle Corporation et al v. SAP AG et al

Filing 772

Declaration of John A. Polito in Support of 771 MOTION No. 5: To Exclude Testimony of Defendants' Expert Stephen Gray 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, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Related document(s) 771 ) (Polito, John) (Filed on 8/19/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 772

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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 JOHN A. Plaintiffs, POLITO IN SUPPORT OF MOTION v. NO. 5: TO EXCLUDE TESTIMONY OF DEFENDANTS' EXPERT SAP AG, et al., STEPHEN GRAY Defendants. Date: September 30, 2010 Time: 9 a.m. Place: Courtroom 3 Judge: Hon. Phyllis J. Hamilton
Case No. 07-CV-01658 PJH (EDL)

DECL. OF JOHN POLITO IN SUPPORT OF PLAINTIFFS' MOT. NO. 5: TO EXCLUDE TESTIMONY OF DEFENDANTS' EXPERT STEPHEN GRAY
Dockets.Justia.com

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I, John A. Polito, declare as follows: 1. I am an attorney licensed to practice law in the State of California and before

this Court, and an associate at Bingham McCutchen LLP, counsel of record for plaintiffs Oracle International Corporation, Oracle USA, Inc. (predecessor to Oracle America, Inc.), Oracle EMEA Ltd., and Siebel Systems, Inc. (collectively, "Oracle" or "Plaintiffs"). I have personal knowledge of the facts stated below by virtue of my representation of Oracle in this action if called as a witness could competently testify as to them. I make this declaration in support of Oracle's Motion To Exclude Testimony of Defendants' Expert Stephen Gray ("Motion to Exclude"). 2. For ease of use and reference and to the extent possible without losing context,

for all exhibits attached to this Declaration, including deposition transcripts, only the relevant pages and information have been provided. Unless otherwise noted below for a particular document, we have provided all highlighting and/or circling in these Exhibits to further assist in identifying the information relevant to Oracle's Motion to Exclude. 3. On March 26, 2010, Defendants' produced the expert report of Stephen Gray.

Defendants later produced a supplemental report on June 3, 2010. 4. Attached as Exhibit A is a true and correct copy of relevant excerpts from the

Supplemental Expert Report of Stephen Gray, served by Defendants on June 3, 2010. 5. Attached as Exhibit B is a true and correct copy of relevant excerpts from the

transcript of the June 8-9, 2010 Deposition of Stephen Gray. 6. Attached as Exhibit C is a true and correct copy of relevant excerpts from the

Supplemental Expert Report of Kevin Mandia, served by Plaintiffs on May 12, 2010. 7. Attached as Exhibit D is a true and correct copy of relevant excerpts from the

transcript of the May 20, 2010 Deposition of Kevin Mandia. 8. Attached as Exhibit E is a true and correct copy of Appendix 4 from the

Supplemental Expert Report of Stephen Gray, served by Defendants on June 3, 2010. 9. Attached as Exhibit F is a true and correct copy of relevant excerpts form the
Case No. 07-CV-01658 PJH (EDL)

August 13, 2009 deposition of John Baugh in this action. 1

DECL. OF JOHN POLITO IN SUPPORT OF PLAINTIFFS' MOT. NO. 5: TO EXCLUDE TESTIMONY OF DEFENDANTS' EXPERT STEPHEN GRAY

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10.

Attached as Exhibit G is a true and correct copy of Appendix 5 from the

Supplemental Expert Report of Stephen Gray, served by Defendants on June 3, 2010. 11. Attached as Exhibit H is a true and correct copy of Appendix 3 from the

Supplemental Expert Report of Stephen Gray, served by Defendants on June 3, 2010. 12. The materials listed in Exhibit H include more than 200 hours of deposition

testimony and more than 200 documents in addition to that deposition testimony. 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. DATED: August 19, 2010 Bingham McCutchen LLP By: /s/ John A. Polito John A. Polito Attorneys for Plaintiffs Oracle USA, Inc., et al.

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Case No. 07-CV-01658 PJH (EDL)

DECL. OF JOHN POLITO IN SUPPORT OF PLAINTIFFS' MOT. NO. 5: TO EXCLUDE TESTIMONY OF DEFENDANTS' EXPERT STEPHEN GRAY