Oracle Corporation et al v. SAP AG et al

Filing 792

Declaration of Tharan Gregory Lanier in Support of 791 Defendants' Oppositions to Plaintiffs' Motions in Limine 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, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32)(Related document(s) 791 ) (Froyd, Jane) (Filed on 8/19/2010) Modified on 8/20/2010 (vlk, COURT STAFF).

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Oracle Corporation et al v. SAP AG et al Doc. 792 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 THARAN GREGORY LANIER IN SUPPORT OF DEFENDANTS' OPPOSITIONS TO PLAINTIFFS' MOTIONS IN LIMINE Date: Time: Place: Judge: September 30, 2010 2:30 p.m. 3rd Floor, Courtroom 3 Hon. Phyllis J. Hamilton DECLARATION OF THARAN GREGORY LANIER ISO DEFS.' OPP. TO PLS.' MOTIONS IN LIMINE Case No. 07-CV-1658 PJH (EDL) 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, THARAN GREGORY LANIER, declare as follows: I am a partner in the law firm of Jones Day, 1755 Embarcadero Road, Palo Alto, California 94303 and counsel of record for Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. (collectively, "Defendants") in the above-captioned matter. I am a member in good standing of the State Bar of California and admitted 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 1 is a true and correct copy of the following excerpts from the May 21, 2009 Seth Ravin Deposition: 1, 172:18-173:24. 2. Attached as Exhibit 2 is a true and correct copy of the following excerpts from the September 26, 2008 Henning Kagermann Deposition: 230, 341:5-342:7. 3. Attached as Exhibit 3 is a true and correct copy of the following excerpts from the October 22, 2008 Christopher Faye Deposition: 1, 64:11-65:21. 4. Attached as Exhibit 4 is a true and correct copy of the Amended Notice of Deposition of Christopher Faye, dated August 25, 2008. 5. Attached as Exhibit 5 is a true and correct copy of the Amended Notice of Deposition of Tim Crean, dated January 7, 2009. 6. Attached as Exhibit 6 is a true and correct copy of the Amended Notice of Deposition of SAP AG and SAP America Pursuant to Fed. R. Civ. P. 30(b)(6) re: Project Blue, dated February 25, 2009. 7. Attached as Exhibit 7 is a true and correct copy of Plaintiffs' Second Set of Requests for Production of Documents to Defendants, dated July 28, 2008. 8. Attached as Exhibit 8 is a true and correct copy of Plaintiff Oracle Corporation's Third Set of Interrogatories to Defendant TomorrowNow, Inc. and Second Set of Interrogatories to Defendants SAP AG and SAP America, dated July 28, 2008. 9. Attached as Exhibit 9 is a true and correct copy of the following excerpts from the August 28, 2008 Transcript of Proceedings (D.I. 176): 1, 71:4-10. SVI-84038v1 -1- DECLARATION OF THARAN GREGORY LANIER ISO DEFS.' OPP. TO PLS.' MOTIONS IN LIMINE 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 10. Attached as Exhibit 10 is a true and correct copy of the following excerpts from the February 13, 2008 Discovery Hearing Transcript: 1, 152:24-154:11. 11. Attached as Exhibit 11 is a true and correct copy of the following excerpts from the March 4, 2008 Discovery Hearing Transcript: 1, 105:13-24. 12. Attached as Exhibit 12 is a true and correct copy of the following excerpts from the February 23, 2010 Expert Report of Paul K. Meyer: cover page and 88, 381. 13. Attached as Exhibit 13 is a true and correct copy of a document entitled "PSFT- JDE 3rd party risk analysis 1-25-08REDACTED.xls," produced by Plaintiffs in this case at ORCL00079745, and marked in this case as Defendants' Deposition Exhibit 311. 14. Attached as Exhibit 14 is a true and correct copy of the following excerpts from the April 21, 2009 Richard Cummins Deposition: 1, 234:1-15. 15. Attached as Exhibit 15 is a true and correct copy of the following excerpts from the September 16, 2008 Richard Cummins Deposition: 1, 212:4-213:25, 216:13-23, 225:2-4. 16. Attached as Exhibit 16 is a true and correct copy of a document entitled "Oracle Support Services The Best Protection Money Can Buy," produced by Plaintiffs in this case at ORCL00130706728, and marked in this case as Defendants' Deposition Exhibit 217. 17. Attached as Exhibit 17 is a true and correct copy of a February 8, 2007 e-mail from B. Ransom to T. Keiffer produced by Plaintiffs in this case at ORCL00087892893, and marked in this case as Defendants' Deposition Exhibit 61. 18. Attached as Exhibit 18 is a true and correct copy of a May 9, 2006 e-mail from R. Cummins to W. Bagshaw, et al., produced by Plaintiffs in this case at ORCL00032750, and marked in this case as Defendants' Deposition Exhibit 58. 19. Attached as Exhibit 19 is a true and correct copy of the following excerpts from the September 23, 2008 Richard Cummins 30(b)(6) Deposition: 256, 316:19-317:8. 20. Attached as Exhibit 20 is a true and correct copy of a January 13, 2007 e-mail from R. Cummins to J. Jones and C. Madsen, produced by Plaintiffs in this case at ORCL00188690703, and marked in this case as Defendants' Deposition Exhibit 299. SVI-84038v1 -2- DECLARATION OF THARAN GREGORY LANIER ISO DEFS.' OPP. TO PLS.' MOTIONS IN LIMINE 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 21. Attached as Exhibit 21 is a true and correct copy of a document titled "North America Support Review" produced by Plaintiffs in this case at ORCL00131360384, and marked in this case as Defendants' Deposition Exhibit 334. 22. Attached as Exhibit 22 is a true and correct copy of a January 10, 2006 e-mail from R. Cummins to R. Lachs, et al., produced by Plaintiffs in this case at ORCL00126451453, and marked in this case as Defendants' Deposition Exhibit 309. 23. Attached as Exhibit 23 is a true and correct copy of a June 3, 2005 e-mail from S. Moses-Reed to J. Bruno, et al., produced by Plaintiffs in this case at ORCL00160328335, and marked in this case as Defendants' Deposition Exhibit 214. 24. Attached as Exhibit 24 is a true and correct copy of a July 29, 2005 e-mail from R. Cummins to P. Harharan produced by Plaintiffs in this case at ORCL00088216230, and marked in this case as Defendants' Deposition Exhibit 63. 25. Attached as Exhibit 25 is a true and correct copy of the following excerpts from Defendant TomorrowNow, Inc.'s Seventh Amended and Supplemental Response to Plaintiff Oracle USA, Inc.'s First Set of Interrogatories, dated December 4, 2009: 1, 9-26. 26. Attached as Exhibit 26 is a true and correct copy of the following excerpts from Plaintiffs' Fifth Amended and Supplemental Responses and Objections to TomorrowNow, Inc.'s First Set of Interrogatories, dated December 4, 2009: cover page and 64-66. 27. Attached as Exhibit 27 is a true and correct copy of the following excerpts from Defendants' Response to Plaintiffs' Fifth Set of Requests for Admission to Defendants TomorrowNow, Inc., SAP AG and SAP America, Inc., dated November 23, 2009: 1, 7-8. 28. Attached as Exhibit 28 is a true and correct copy of the following excerpts from Defendant TomorrowNow, Inc.'s Eighth Amended and Supplemental Response to Plaintiff Oracle Corporation's First Set of Interrogatories, dated December 4, 2009: 1, 11-20, 24-27, 34-42, 55-71, 73-77. 29. Attached as Exhibit 29 is a true and correct copy of the following excerpts from the December 6, 2007 Shelley Nelson Deposition: 59, 153:11-154:22, 241. SVI-84038v1 -3- DECLARATION OF THARAN GREGORY LANIER ISO DEFS.' OPP. TO PLS.' MOTIONS IN LIMINE 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 30. Attached as Exhibit 30 is a true and correct copy of the following excerpts from the March 31, 2009 Discovery Conference Hearing Transcript: 1, 7:19-8:1. 31. Attached as Exhibit 31 is a true and correct copy of a November 30, 2006 e-mail from D. Carpenter to J. Webb, produced by Plaintiffs in this case at ORCL00347112114. 32. Attached as Exhibit 32 is a true and correct copy of a April 27, 2005 e-mail from OSSINFO-Allison, produced by Plaintiffs in this case at ORCL00323912915. 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 San Francisco, California. /s/ Tharan Gregory Lanier Tharan Gregory Lanier SVI-84038v1 -4- DECLARATION OF THARAN GREGORY LANIER ISO DEFS.' OPP. TO PLS.' MOTIONS IN LIMINE Case No. 07-CV-1658 PJH (EDL)

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