Oracle Corporation et al v. SAP AG et al

Filing 783

Declaration of Holly A. House in Support of 781 MOTION No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke 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, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Related document(s) 781 ) (House, Holly) (Filed on 8/19/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 783 Att. 18

EXHIBIT R
Dockets.Justia.com

From: Elaine Wallace [mailto:[e-mail]] Sent: Monday, December 07, 2009 2:39 PM To: Jindal, Nitin Cc: Hann, Bree; Howard, Geoff; House, Holly; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; Alinder, Zachary J. Subject: RE: Oracle v. SAP -- Electronic Service of Documents Nitin, The deadline for serving expert reports was November 16. Depending on the circumstances, Defendants may not object to Oracle serving amended reports to correct legitimate errors that, despite reasonable due diligence, were not identified until after service of a report. Defendants also understand that supplementation may, in some circumstances, be appropriate where relevant information material to any of the opinions in the report was not made available by opposing counsel until after service of the report. Absent these limited circumstances, however, we do not agree that Oracle has any right to serve "updated" or supplemental expert reports. Based on our preliminary review of the expert materials produced on Friday, it does not appear that all of Oracle's changes and additions to its expert reports and back up material are attributable to error or relate to any information made available by Defendants after November 16. We also do not understand the basis for your comment that Oracle's intends to "complete its expert report supplementation" at some unspecified date in the future. Certainly, the customer declarations you reference do not provide a basis for supplementation since there was nothing to prevent Oracle from obtaining them before November 16 and including them in Mr. Meyer's initial report. Please explain the basis for each of the substantive changes and additions to the expert materials produced on Friday and whether Oracle contends that each change or addition is attributable to either a legitimate error that, despite reasonable due diligence, was not identified until after service of a report or to information made available by Defendants after November 16. Please also explain, in detail, precisely what expert "supplementation" Oracle proposes to provide, when it proposes to provide it, and the basis for its belief that the proposed supplementation is proper. Regards,

Elaine Wallace JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 [phone] (Direct Dial) [phone] (Fax) [e-mail]

From: To:

"Jindal, Nitin" <[e-mail]> "'[e-mail]'" <[e-mail]>, "'[e-mail]'" <[e-mail]>, "'[e-mail]'" <[e-mail]>, "'[e-mail]'" <[e-mail]>, "'[e-mail]'" <[e-mail]> "'[e-mail]'" <[e-mail]>, "'[e-mail]'" <[e-mail]>,

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Cc: Date: Subject:

"'[e-mail]'" <[e-mail]>, "Howard, Geoff" <[e-mail]>, "House, Holly" <[e-mail]>, "Alinder, Zachary J." <[e-mail]>, "Hann, Bree" <[e-mail]> 12/04/2009 07:53 PM RE: Oracle v. SAP -- Electronic Service of Documents

Counsel, Along with today's service of updated expert reports, please note that two additional customer declarations were produced along with Navigant's report. These declarations were received after the initial service of the Navigant report, and are not relied upon by the report. They are being provided today as a courtesy so that Defendants do not have to wait until Oracle completes its expert report supplementation to review them. In addition, please note that while there was no errata for the expert report of Douglas Gary Lichtman, a supplemental back-up document was produced today that was inadvertently missing from Oracle's prior service. Finally, please note that while Oracle hand delivered its updated Navigant report today, Oracle will only be electronically serving errata, notes, and some replacement back-up materials for the Mandiant report tonight. A hand delivery will be made Monday morning. Best Regards, Nitin
_____________________________________________ From: To: Cc: Kim, Shirlyn Sent: Friday, December 04, 2009 7:24 PM '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]' '[e-mail]'; '[e-mail]'; '[e-mail]'; Howard, Geoff; House, Holly; Alinder, Zachary J.; Hann, Bree Oracle v. SAP -- Electronic Service of Documents

Subject:

<< File: REVISED Oracle Report_120209.pdf >> << File: PKM Errata Letter 12.4.09.PDF >> << File: Proof_Updated Expert Report.pdf >>

Dear Counsel, Attached is an electronic service copy of Plaintiffs' Updated Expert Report by Navigant (with errata sheet).

Print Less --> Go Green ____________________________________________ Shirlyn Kim Bingham McCutchen LLP Three Embarcadero Center San Francisco, CA 94111-4067 T 415.393.2028 F 415.393.2286 [e-mail] ¬ ¬

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