Oracle Corporation et al v. SAP AG et al

Filing 778

Declaration of Joy C. Sherrod in Support of 773 MOTION No. 6: To Exclude Testimony of Defendants' Expert Bruce Spencer 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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Related document(s) 773 ) (Howard, Geoffrey) (Filed on 8/19/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 778

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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 JOY SHERROD Plaintiffs, IN SUPPORT OF ORACLE'S v. MOTION NO. 6: TO EXCLUDE TESTIMONY OF DEFENDANTS' SAP AG, et al, EXPERT BRUCE SPENCER Defendants. Date: September 30, 2010 Time: 9 a.m. Place: Courtroom 3 Judge: Hon. Phyllis J. Hamilton
Case No. 07-CV-01658 PJH (EDL)

DECLARATION OF JOY C. SHERROD IN SUPPORT OF ORACLE'S MOT. NO. 6: TO EXCLUDE TESTIMONY OF DEFENDANTS' EXPERT BRUCE SPENCER
Dockets.Justia.com

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I, Joy C. Sherrod, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am

an associate at Bingham McCutchen LLP, counsel of record for plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Ltd., and Siebel Systems, Inc. (collectively, "Oracle"). Except where stated below on information and belief, 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 Bruce D. Spencer, served by Defendants on March 26, 2010. Nonrelevant portions of the Report have been either excluded or redacted. Defendants produced Walter Vandaele's rebuttal report to Dr. Levy on the same day. 3. Attached as Exhibit B is a true and correct copy of relevant excerpts from

the transcript of the June 4, 2010 Deposition of Bruce D. Spencer. 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 Dr. Daniel S. Levy, served by Oracle on November 16, 2009 and amended on February 12, 2010. 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 April 30, 2010 Deposition of Dr. Daniel S. Levy. 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 Defendant

TomorrowNow, Inc.'s Third Amended and Supplemental Response to Plaintiff Oracle USA, Inc.'s Second Set of Interrogatories, Interrogatory No. 14(A), served by Defendants on December 4, 2009. 7. Attached as Exhibit F is a true and correct copy of ORCLX-AACG-

000020, a document produced to Defendants in surrebuttal by Oracle on April 28, 2010. 8. Attached as Exhibit G is a true and correct copy of ORCLX-AACG-

000016, a document produced to Defendants in surrebuttal by Oracle on April 28, 2010. 1 Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF JOY C. SHERROD IN SUPPORT OF ORACLE'S MOT. NO. 6: TO EXCLUDE TESTIMONY OF DEFENDANTS' EXPERT BRUCE SPENCER