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).

Oracle Corporation et al v. SAP AG et al

Doc. 792 Att. 15

EXHIBIT 15

Dockets.Justia.com

RICHARD CUMMINS September 16, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY
Page 1
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION --O0o-ORACLE CORPORATION, a Delaware Corporation; ORACLE, USA, INC., a Colorado Corporation, and ORACLE INTERNATIONAL CORPORATION, a California Corporation, Plaintiffs, Vs. No. 07-CV-01658-PJH (EDL)

SAP AG, a German Corporation, SAP AMERICA, INC., a Delaware CORPORATION, TOMORROWNOW, INC., a Texas Corporation, and DOES 1-50, Inclusive, Defendants. _______________________________/

VIDEOTAPED RULE 30(b)(6) DEPOSITION OF ORACLE CORPORATION Designee: RICHARD CUMMINS

___________________________ Tuesday, September 16, 2008 Volume I, Pages 1 - 255 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY Reported By: Job 412495 WENDY E. ARLEN, CSR #4355, CRR, RMR

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RICHARD CUMMINS September 16, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY
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Q.

Have you done any kind of reports based on

the report that say here are the customers we've lost and here's why? A. Q. Yes. And what kind of -- and that's included in

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some other report. A. That was -- that's included in the updates

that I indicated earlier we give to Juergen Rottler. Q. A. Q. what? A. Those are the quarterly updates? Yes. And what -- those documents are entitled Do they have a specific title? I provide a couple of slides into the kind of So I don't

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an overall deck that goes to Juergen. know the title of that. Q. A.

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How do you convey them to Juergen, by e-mail? Through Yamilet Torres. She e-mails that for

Juan's group. Q. A. Q. A. So you send them to her? Yes. By e-mail? Yes.

15:58

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RICHARD CUMMINS September 16, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY
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Q.

And do you have a practice of routinely

listing all the customers lost to TomorrowNow? MS. HOUSE: THE WITNESS: Objection, vague. Yeah. It's -- it depends on

what Juergen really wanted to see and what was pertinent that month. If it was overall losses, it So it depended

was large customers that were lost.

on what the focus was for a given month or a given quarter. Q. MR. McDONELL: Have you -- have you done an

analysis of -- I mean, a sort of a bottom line analysis of customers lost to TomorrowNow? MS. HOUSE: THE WITNESS: Objection, vague. We've -- over time there has

been several times where we've quantified those customers who have gone to TomorrowNow. Q. that? MR. McDONELL: And in what form have you done

Is it a document or part of the at risk report

or what? A. It normally is in the context of these

updates we give to Juergen. Q. And those updates also have some information

on returning customers. A. do. Depending on the quarter, yes, sometimes they

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RICHARD CUMMINS September 16, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY
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13 16:03 14 15 16 17 18 16:04 19 20 21 22 23

Q.

So you were reporting on this for Oracle

worldwide. A. Q. We were. And how was the data coming into you

worldwide? A. It was coming in through support sales reps.

And so globally a support sales rep, if they came across a customer that was deemed to be at risk, they would submit that information into Beth Shippy. Q. A. And how would they do that? Via e-mail.
TEXT REMOVED - NOT RELEVANT TO MOTION

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RICHARD CUMMINS September 16, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY
TEXT REMOVED - NOT RELEVAN