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 Att. 18

EXHIBIT 18

Dockets.Justia.com

EXHIBIT 13

Subject:
From: To: Cc: History:

Pinto Analysis
Donnelly, Amy 06/23/2010 01:40 PM 'Jeffrey M Butler', 'Greg Lanier', 'Jane L Froyd', 'Joshua L Fuchs', '[e-mail]', '[e-mail]', 'Jason McDonell' "Howard, Geoff", "House, Holly", "Alinder, Zachary J.", "'[e-mail]'", "'Steven Holtzman'"

This message has been forwarded.

Counsel, This follows up on Mr. Butler's May 28, 2010 email regarding intermediate source code referred to at Mr. Pinto's deposition. In that email, Mr. Butler contended, without providing any supporting facts or details, that Defendants had been prejudiced by Mr. Pinto not having produced the intermediate source code he extracted, even though Defendants do have all the source code Mr. Pinto used and the methods and results he applied to it. Despite the lack of back-up for the prejudice claim, in order to test Defendants' contention that they could not generate the intermediate extracted code themselves, Oracle requested that Mr. Pinto re-extract the intermediate source code in order to verify that it was possible to do so. Though the intermediate source code is protected by the parties' expert stipulation, Oracle can inform you that Mr. Pinto was able to re-extract the same intermediate source code for the programs that his team ran through his code counters to generate the SLOC counts in his report. The re-extraction of this code took Mr. Pinto and his team less than three weeks to complete, using the same materials that have been available to Defendants since November 16, 2009. Regards, Amy Amy K. Donnelly | Associate Bingham McCutchen LLP Three Embarcadero Center San Francisco CA 94111 T 415.393.2262 direct | F 415.393.2286 [e-mail]

Confidentiality Notice: The information in this e-mail (including attachments, if any) is considered confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone. Bingham McCutchen LLP Circular 230 Notice: To ensure compliance with IRS requirements, we inform you that any U.S. federal tax advice contained in this communication is not intended or written to be used, and cannot be used by any taxpayer, for the purpose of avoiding any federal tax penalties. Any legal advice expressed in this message is being delivered to you solely for your use in connection with the matters addressed herein and may not be relied upon by any other person or entity or used for any other purpose without our prior written consent.

________________________________