Oracle Corporation et al v. SAP AG et al

Filing 782

Declaration of Scott W. Cowan in Support of 780 MOTION Defendants' Notice of Motion and Motion to Partially Exclude Testimony of Kevin Mandia and Daniel Levy filed bySAP AG, SAP America Inc, Tomorrownow 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) 780 ) (Froyd, Jane) (Filed on 8/19/2010)

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Oracle Corporation et al v. SAP AG et al Doc. 782 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: (415) 626-3939 Facsimile: (415) 875-5700 ramittelstaedt@jonesday.com jmcdonell@jonesday.com ewallace@jonesday.com Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: (650) 739-3939 Facsimile: (650) 739-3900 tglanier@jonesday.com jfroyd@jonesday.com Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: (832) 239-3939 Facsimile: (832) 239-3600 swcowan@jonesday.com jlfuchs@jonesday.com 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 SCOTT W. COWAN IN SUPPORT OF DEFENDANTS' MOTION TO PARTIALLY EXCLUDE TESTIMONY OF KEVIN MANDIA AND DANIEL LEVY Date: September 30, 2010 Time: 2:30 p.m. Courtroom: 3, 3rd Floor Judge: Hon. Phyllis J. Hamilton DECL. OF SCOTT W. COWAN ISO DEFS.' MOTION TO PARTIALLY EXCLUDE MANDIA AND LEVY Case No. 07-CV-1658 PJH (EDL) HUI-130314 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, SCOTT W. COWAN, declare as follows: I am a partner in the law firm of Jones Day, 717 Texas, Suite 3300, Houston, Texas 77002, 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 Texas and admitted pro hac vice 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 A is a true and correct copy of the May 12, 2010 Expert Report of Kevin Mandia. 2. Attached as Exhibit B is a true and correct copy of the following excerpts from the May 20, 2010 Deposition of Kevin Mandia: 1, 12:1-19, 14:25-15:6, 15:25-16:7, 168:2-7, 168:811, 168:12-25, 169:1-13, 170:7-172:10, 173:11-22, 180:20-181:5, 196:2-18, 198:18-199:25, 200:22-201:22, 222:9-25, 226:11-24, 227:12-228:9, 271:24-273:2. 3. Attached as Exhibit C is a true and correct copy of the following excerpts from the May 21, 2010 Deposition of Kevin Mandia: 291, 304:22-306:5, 369:4-22, 454:15-456:7, 487:1-5, 533:10-535:7, 542:2-13. 4. Attached as Exhibit D is a true and correct copy of the February 12, 2010 Expert Report of Daniel Levy, which was produced by Plaintiffs in this case. 5. Attached as Exhibit E is a true and correct copy of the following excerpts from the April 30, 2010 Deposition of Daniel Levy: 1, 24:24-25:17, 47:4-7; 48:10-49:23; 197:14-199:13. 6. Attached as Exhibit F is a true and correct copy of the list of 55 copyright registrations asserted by Plaintiffs in this case for which Mandia conducted no analysis as described in his May 12, 2010 Expert Report. 7. Attached as Exhibit G are true and correct copies of Attachments A and B to the May 12, 2010 Expert Report of Kevin Mandia. 8. Attached as Exhibit H is a true and correct copy of the following excerpts from the June 3, 2010 Expert Report of Stephen Gray: 37 and Appendix 6. 9. HUI-130314 Attached as Exhibit I is a true and correct copy of the following excerpts from 2 DECL. OF SCOTT W. COWAN ISO DEFS.' MOTION TO PARTIALLY EXCLUDE MANDIA AND LEVY Case No. 07-CV-1658 PJH (EDL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs' Fourth Amended Complaint (D.I. 418), dated August 18, 2009: 51-58. 10. Attached as Exhibit J are true and correct copies of the following excerpts from the November 30, 2010 Deposition of Edward Screven: 1, 15:17-20; 16:19-17:16; 20:19-21:9, 33:18-35:16; 67:12-68:3. 11. Attached as Exhibit K is a true and correct copy of In re Katz Interactive Call Processing Patent Litigation, No. 07-ML-01816-B-RGK (FFMx), 2009 WL 3698470 (C.D. Cal Mar. 11, 2009). 12. Attached as Exhibit L is a true and correct copy of Mooring Capital Fund v. Knight, Nos. 09-6075, 09-6141, 2010 U.S. App. LEXIS 15114 (10th Cir. July 22, 2010). 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 Houston, Texas. /s/ Scott W. Cowan Scott W. Cowan HUI-130314 3 DECL. OF SCOTT W. COWAN ISO DEFS.' MOTION TO PARTIALLY EXCLUDE MANDIA AND LEVY Case No. 07-CV-1658 PJH (EDL)

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