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. 26

EXHIBIT 26

Dockets.Justia.com

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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] 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 Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

ORACLE USA, INC., et al., v. Plaintiffs,

Case No. 07-CV-1658 PJH (EDL) PLAINTIFFS' FIFTH AMENDED AND SUPPLEMENTAL RESPONSES AND OBJECTIONS TO DEFENDANT TOMORROWNOW, INC.'S FIRST SET OF INTERROGATORIES

SAP AG, et al., Defendants.

CONTAINS HIGHLY CONFIDENTIAL INFORMATION DESIGNATED PURSUANT TO PROTECTIVE ORDER

07-CV-1658 PJH (EDL)

PLAINTIFFS' FIFTH AMENDED AND SUPPLEMENTAL RESPONSES AND OBJECTIONS TO DEFENDANT TOMORROWNOW, INC.'S FIRST SET OF INTERROGATORIES

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 INTERROGATORY NO. 10: Describe in as much detail as possible what methods Oracle believes companies that provide third-party support for any Oracle product referred to in the Complaint or at issue in this litigation may permissibly employ in providing such support, including with respect to access to, and Downloading of, the Software and Support Materials. RESPONSE TO INTERROGATORY NO. 10: In addition to its General Objections, Oracle objects that the phrase "any Oracle product referred to in the Complaint or at issue in this litigation" is vague, ambiguous, and overbroad. The Complaint refers to many Oracle products, including products that are not at issue in this case, like Fusion, and also products that Defendants blocked discovery on during this litigation, such as database technology, Siebel applications and other software products like E-Business Suite, Retek and Hyperion. Accordingly, unless and until additional products are made part of this litigation by order or otherwise, Oracle will interpret "any Oracle product referred to in the Complaint or at issue in this litigation" as applications and Software and Support Materials for legacy PeopleSoft and J.D. Edwards enterprise software applications available from Oracle, including through Customer Connection. Oracle further objects that the phrase "companies that provide third-party support" is vague, ambiguous, overbroad, and calls for an unduly burdensome Response from Oracle. "Third-party support" is not defined and thus Oracle cannot determine whether the term refers to third-party maintenance providers, like SAP TN, or other entities, which would be overbroad. Oracle will therefore interpret "third-party support" to refer to entities with business models similar to that of SAP TN. Oracle further objects that this Interrogatory is an improper contention Interrogatory and seeks a legal conclusion, as it calls for Oracle to define what it "believes" is legal or permissible conduct. Subject to and without waiving its objections, Oracle responds as follows: The Software and Support Materials that a third-party is entitled to access and download 64
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TEXT REMOVED - NOT RELEVANT TO MOTION

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on behalf of a customer is determined by, and entirely dependent upon, the customer's license agreements, including the attached schedules and exhibits, and any support renewal notices sent to the customer or renewals made by customers, and in the various contracts associated with access to Customer Connection. Therefore, pursuant to Fed. R. Civ. Proc. Rule 33(d), Oracle refers defendants to those documents in Oracle's production. SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 10: Subject to and without waiving the above objections, and pursuant to the extensive meet and confer discussions and agreements as described in more detail above, Oracle further responds that the Software and Support Materials that a third-party is entitled to access and download on behalf of a customer is determined by, and entirely dependent upon, the customer's license agreements, including the attached schedules and exhibits, and any support renewal notices sent to the customer or renewals made by customers, and in the various contracts associated with access to Customer Connection. Therefore, pursuant to Fed. R. Civ. Proc. Rule 33(d), Oracle refers defendants to those documents in Oracle's production, including ORCL00000001 through ORCL00007590. SECOND SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 10: Oracle further objects to the extent that supplementation would require Oracle to summarize the documents and testimony provided on this subject; Oracle cannot and will not and is not required to do so and incorporates all such evidence by reference into this supplemented answer. Subject to and without waiving the specific and general objections stated above, Oracle further responds that, as its witnesses and Defendants' witnesses have repeatedly testified, everything that an independent third party servicer is entitled to use and do for a particular customer is determined by, and entirely dependent upon, (a) the customer's license agreements, including the attached schedules and exhibits, (b) any support renewal notices sent to the customer or renewals made by customers, and (c) in the various contracts and policies associated with access to Customer Connection. Therefore, pursuant to Fed. R. Civ. Proc. Rule 33(d), Oracle refers defendants to those documents in Oracle's production, including at ORCL00000001 through ORCL00007714, ORCL00051950 through ORCL00052052, 65
07-CV-1658 PJH (EDL)

PLAINTIFFS' FIFTH AMENDED AND SUPPLEMENTAL RESPONSES AND OBJECTIONS TO DEFENDANT TOMORROWNOW, INC.'S FIRST SET OF INTERROGATORIES

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ORCL00139148 through ORCL00159820, ORCL00176128 through ORCL00180465 and ORCL00372975 through ORCL00381654. Any third party servicer who leverages, steals, or uses Oracle's software, support materials, and other property beyond the allowed terms in those contracts and/or terms of use is not providing permissible support.

TEXT REMOVED - NOT RELEVANT TO MOTION

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PLAINTIFFS' FIFTH AMENDED AND SUPPLEMENTAL RESPONSES AND OBJECTIONS TO DEFENDANT TOMORROWNOW, INC.'S FIRST SET OF INTERROGATORIES

TEXT REMOVED - NOT RELEVANT TO MOTION

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DATED: D e c e m b e r 4 , 2 0 0 9
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Bingham McCutchen LLP

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By:

Attorneys for Plaintiffs, . O r a c l e USA, Inc., O r a c l e I n t e r n a t i o n a l C o r p o r a t i o n , Oracle EMEA Limited, and Siebel Systems, Inc.

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