Oracle Corporation et al v. SAP AG et al

Filing 784

Administrative Motion to File Under Seal filed by Oracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. Motion Hearing set for 9/30/2010 09:00 AM in Courtroom 3, 3rd Floor, Oakland. (Attachments: # 1 Stipulation to Permit Filing Under Seal, # 2 Affidavit of Jennifer Gloss in Support, # 3 Affidavit of Zachary J. Alinder in Support, # 4 Proposed Order)(Alinder, Zachary) (Filed on 8/19/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 784 Att. 1

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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 209009) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [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] Facsimile: [phone] [e-mail] STEVEN C. HOLTZMAN (SBN 144177) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] [e-mail] DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs

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.

Oracle USA, Inc. et al.
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., CASE NO. 07-CV-01658 PJH (EDL) Plaintiffs, STIPULATION TO PERMIT v. PLAINTIFFS TO FILE UNDER SEAL SAP AG, et al., INFORMATION SUPPORTING PLAINTIFFS' DAUBERT MOTIONS, Defendants. OPPOSITIONS TO DEFENDANTS' MOTIONS IN LIMINE AND 17 U.S.C. § 410(C) MOTION
Case No. 07-CV-01658 PJH (EDL) STIPULATION TO PERMIT PLAINTIFFS TO FILE INFORMATION UNDER SEAL

Dockets.Justia.com

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Pursuant to Local Rules 7-11(a) and 79-5(c), Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. ("Plaintiffs") and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. ("Defendants," and together with Plaintiffs, the "Parties") jointly submit this Stipulation to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs' Daubert Motions, Oppositions to Defendants' Motions in Limine, and 17 U.S.C. § 410(c) Motion. WHEREAS, on August 19, 2010, Plaintiffs filed their Daubert Motions, Oppositions to Defendants' Motions in Limine and 17 U.S.C. § 410(c) Motion, including (1) portions of Exhibit A to the Declaration of Holly A. House in Support of Plaintiffs' Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke ("House Declaration"); (2) the Declaration of Daniel S. Levy Ph.D. in Support of Plaintiffs' Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke ("Levy Declaration") and Exhibits 1-7 thereto; (3) portions of Exhibit D and Exhibits N, P, Q, R and T to the Declaration of Chad Russell Declaration in Support of Plaintiffs' Opposition to Defendants' Motions in Limine ("Russell Declaration"); and, (4) Exhibits A-D and F-H to the Declaration of John A. Polito in Support of Plaintiffs' Motion Pursuant to 17 U.S.C. § 410(c) ("Polito Declaration"). WHEREAS, Plaintiffs have filed an Administrative Motion to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs' Daubert Motions, Oppositions to Defendants' Motions in Limine and 17 U.S.C. § 410(c) Motion ("Administrative Motion"), in part at Defendants' request. WHEREAS the requested relief is necessary and narrowly tailored to protect the alleged confidentiality of the materials put at issue by Plaintiffs' Daubert Motions, Oppositions to Defendants' Motions in Limine and 17 U.S.C. § 410(c) Motion until such time as the Court makes a final ruling as to confidentiality of the items requested to be sealed. Specifically, the following materials contain information designated by the Parties as "Confidential" or "Highly Confidential Information -- Attorneys' Eyes Only" pursuant to the Stipulated Protective Order: Defendants' Information to be Filed Under Seal: · Portions of Exhibit A to the House Declaration at pages 51, 126 and 244-247; 1 Case No. 07-CV-01658 PJH (EDL)

STIPULATION TO PERMIT PLAINTIFFS TO FILE INFORMATION UNDER SEAL

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and, Levy Declaration and attached Exhibits in full.

Plaintiffs' Information to be Filed Under Seal: · Portions of Exhibit A to the House Declaration at pages 56, 94-115, 118-122, 138, 158, 170-171, 177, 180, 182-184, 187, 191, 197, 273 and 280-281; Levy Declaration at paragraphs 8-17, 24-25, Figures 1, 2, 4, 5, and 6, and Appendix 2; Exhibit D to the Russell Declaration at page 11, lines 2-4, and Exhibits N, P, Q, R and T to the Russell Declaration in full; and, Exhibits A-D and F-H to the Polito Declaration in full.

NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their respective counsel of record, that Plaintiffs be permitted to move for permission to file under seal the materials as described above. The Parties further agree that Defendants reserve their rights to challenge the confidentiality of the information filed under seal pursuant to this Stipulation. While the Parties agree that portions of the materials described above may be publicly filed, the Parties also agree that the filing shall not be construed as a waiver of any confidentiality designation or other protection with respect to documents, transcripts, or other information referred to in, or that serve as the basis for, the allegations or arguments made in it. IT IS SO STIPULATED. DATED: August 19, 2010 BINGHAM McCUTCHEN LLP By: /s/ Zachary J. Alinder Zachary J. Alinder Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corp., Oracle EMEA Ltd., and Siebel Systems, Inc.

In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. 2

Case No. 07-CV-01658 PJH (EDL)

STIPULATION TO PERMIT PLAINTIFFS TO FILE INFORMATION UNDER SEAL

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DATED: August 19, 2010

JONES DAY By: /s/ Tharan Gregory Lanier Tharan Gregory Lanier Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC.

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Case No. 07-CV-01658 PJH (EDL)

STIPULATION TO PERMIT PLAINTIFFS TO FILE INFORMATION UNDER SEAL