Oracle Corporation et al v. SAP AG et al

Filing 775

Declaration of Tharan Gregory Lanier in Support of 774 MOTION Defendants' Notice of Motion and Motion to Exclude Expert Testimony of Paul C. Pinto filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25)(Related document(s) 774 ) (Froyd, Jane) (Filed on 8/19/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 775

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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: [phone] Facsimile: [phone] [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: [phone] Facsimile: [phone] [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: [phone] Facsimile: [phone] [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., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) DECLARATION OF THARAN GREG LANIER IN SUPPORT OF MOTION TO EXCLUDE EXPERT TESTIMONY OF PAUL C. PINTO Date: September 30, 2010 Time: 2:30 p.m. Courtroom: 3, 3rd Floor Judge: Hon. Phyllis J. Hamilton
DECLARATION OF THARAN GREGORY LANIER ISO MOT. TO EXCLUDE EXPERT TESTIMONY OF PAUL C. PINTO Case No. 07-CV-1658 PJH (EDL)

Dockets.Justia.com

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I, THARAN GREGORY LANIER, declare as follows: I am a partner in the law firm of Jones Day, 1755 Embarcadero Road, Palo Alto, California 94303, and counsel of record for Defendants SAP AG, SAP America, Inc. (together, "SAP"), and TomorrowNow, Inc. ("TN") (collectively, "Defendants") in the above-captioned matter. I am a member in good standing of the state bar of California and admitted to practice before this Court. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 1. Attached as Exhibit 1 is a true and correct copy of Plaintiffs' Supplemental Expert

Disclosures, dated October 16, 2009. 2. Attached as Exhibit 2 is a true and correct copy of the Expert Report of Paul C.

Pinto, which was produced by Plaintiffs in this case. 3. Attached as Exhibit 3 is a true and correct copy of the following excerpts from the

Supplemental Expert Report of Paul K. Meyer, dated February 23, 2010, which was produced by Plaintiffs in this case: ¶¶ 15, 150-153, 228-229, 274-275. 4. Attached as Exhibit 4 is a true and correct copy of the following excerpts from the

May 19, 2010 Paul C. Pinto Deposition: 1, 16:5-13, 24:8-25:13, 35:16-37:18, 40:20-46:25, 50:1552:16, 53:2-54:2, 57:14-20, 61:2-9, 66:17-67:3, 69:11-24, 75:10-77:22, 86:13-87:5, 103:6-21, 111:1-3, 114:9-14, 176:7-14, 176:24-178:1, 188:3-8, 202:17-203:1, 212:12-21, 213:24-217:7, 219:6-221:9, 221:17-23, 231:11-236:7, 237:20-239:4, 260:25-261:4, 284:5-16, 286:11-288:20, 289:19-23, 293:5-294:6, 302:6-304:7. 5. Attached as Exhibit 5 is a true and correct copy of Appendix A to the Expert

Report of Paul C. Pinto, which was produced by Plaintiffs in this case. 6. Attached as Exhibit 6 is a true and correct copy of the cover page and pages xi and

xxiii of Function Point Analysis: Measurement Practices for Successful Software Projects. 7. Attached as Exhibit 7 is a true and correct copy of the USC Center for Systems

and Software Engineering Home Page, available at http://sunset.usc.edu/csse/research/ COCOMOII/cocomo_main.html. 8. Attached as Exhibit 8 is a true and correct copy of the Certification page of the -1DECLARATION OF THARAN GREGORY LANIER ISO MOT. TO EXCLUDE EXPERT TESTIMONY OF PAUL C. PINTO Case No. 07-CV-1658 PJH (EDL)

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IFPUG Website, available at http://www.ifpug.org/certification/cfps.htm. 9. Attached as Exhibit 9 is a true and correct copy of an undated document, marked

in this case as Defendants' Deposition Exhibit 2059. 10. Attached as Exhibit 10 is a true and correct copy of the COCOMO II Model

Definition Manual at 1, 41, marked in this case as Defendants' Deposition Exhibit 2060. 11. Attached as Exhibit 11 is a true and correct copy of the title page and pages 15

and 141-142 of Software Cost Estimation With COCOMO II. 12. Attached as Exhibit 12 is a true and correct copy of pages 1-4 of the SPR

Programming Languages Table, which was produced by Plaintiffs in this case at ORCLX-PIN000019. 13. Attached as Exhibit 13 is a true and correct copy of The Function Point Counting

Practices Manual, Release 4.2, which was produced by Plaintiffs in this case at ORCLX-PIN000007. 14. Attached as Exhibit 14 is a true and correct copy of the International Standard

ISO/IEC, 20926, Manual, October 2003, Software engineering ­ IFPUG 4.1 Unadjusted functional size measurement method ­ Counting practices manual, which was produced by Plaintiffs in this case at ORCLX-PIN-000009. 15. Attached as Exhibit 15 is a true and correct copy of Plaintiffs' Fifth Amended

And Seventh Supplemental Responses and Objections to Defendant TomorrowNow, Inc.'s Interrogatory No. 13 [Corrected], dated May 17, 2010. 16. Attached as Exhibit 16 is a true and correct copy of a February 8, 2010 e-mail

from Jeffrey Butler to Geoffrey Howard. 17. Attached as Exhibit 17 is a true and correct copy of a February 9, 2010 e-mail

from Amy Donnelly to Jeffrey Butler. 18. Attached as Exhibit 18 is a true and correct copy of a June 23, 2010 e-mail from

Amy Donnelly to Jeffrey Butler. 19. Attached as Exhibit 19 is a true and correct copy of Democratic Party Wash. State

v. Reed, No. C00-5419FDB, 2002 U.S. Dist. LEXIS 27921 (W.D. Wash. Mar. 27, 2002). -2DECLARATION OF THARAN GREGORY LANIER ISO MOT. TO EXCLUDE EXPERT TESTIMONY OF PAUL C. PINTO Case No. 07-CV-1658 PJH (EDL)

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20.

Attached as Exhibit 20 is a true and correct copy of IMA N. Am., Inc. v. Maryln

Nutraceuticals, Inc., No. CV-06-344-PHX-LOA, 2008 U.S. Dist. LEXIS 109623 (D. Ariz. Oct. 17, 2008). 21. Attached as Exhibit 21 is a true and correct copy of Lava Trading, Inc. v. Hartford

Fire Ins. Co., No. 03 Civ 7037 (PKC)(MDH), 2005 U.S. Dist. LEXIS 4566 (S.D.N.Y. 2005). 22. Attached as Exhibit 22 is a true and correct copy of Pierson v. Ford Motor Co.,

No. C 06-6503 PJH, 2009 U.S. Dist. LEXIS 65297 (N.D. Cal. Apr. 16, 2009). 23. Attached as Exhibit 23 is a true and correct copy of Redfoot v. B.F. Ascher & Co.,

No. C 05-2045 PJH, 2007 U.S. Dist. LEXIS 40002 (N.D. Cal. June 1, 2007). 24. Attached as Exhibit 24 is a true and correct copy of United States v. Mirama

Enters., Inc., No. 00-CV-2269-K (LAB), 2002 WL 34364408 (S.D. Cal. June 17, 2002). 25. Attached as Exhibit 25 is a true and correct copy of Whisnant v. United States,

No. C03-5121, 2006 U.S. Dist. LEXIS 76321 (W.D. Wash. Oct. 5, 2006). I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed this 19th day of August, 2010 in Palo Alto, California.

/s/ Tharan Gregory Lanier Tharan Gregory Lanier

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DECLARATION OF THARAN GREGORY LANIER ISO MOT. TO EXCLUDE EXPERT TESTIMONY OF PAUL C. PINTO Case No. 07-CV-1658 PJH (EDL)