Oracle Corporation et al v. SAP AG et al

Filing 793

Declaration of Chad Russell in Support of 790 Memorandum in Opposition, to Defendants' Motions in Limine 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, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR, # 45 Exhibit SS, # 46 Exhibit TT)(Related document(s) 790 ) (Howard, Geoffrey) (Filed on 8/19/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 793 Att. 22

EXHIBIT V
Dockets.Justia.com

JOHN M. BAUGH February 7, 2008 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 150
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Case No. 07-CV-01658 (MJJ) ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, \a California corporation, Plaintiffs, v. SAP AG, a German corporation, SAP AMERICA, INC., a Delaware corporation, TOMORROWNOW, INC., a Texas corporation, and DOES 1-50, inclusive, Defendants. ______________________________________________________ VIDEOTAPE RULE 30(b)(6) DEPOSITION OF: JOHN M. BAUGH - February 7, 2008 - Volume II TomorrowNow, Inc. (Highly Confidential - Attorneys' Eyes Only) ______________________________________________________ PURSUANT TO NOTICE, the Videotape Rule 30(b)(6)deposition of JOHN M. BAUGH was continued on behalf of the Plaintiffs at 1700 Lincoln Street, Suite 4100, Denver, Colorado 80203, on February 7, 2008, at 8:40 a.m., before Sandra L. Bray, Registered Diplomate Reporter, Certified Realtime Reporter, and Notary Public within Colorado.

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JOHN M. BAUGH February 7, 2008 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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A. The COBOL SQR source from the previous tax release to the newer source COBOL SQR source.

Q. Let me start over. Are you familiar with a tool that was used at TomorrowNow called Araxis Merge? A. Yes. Q. And what's your understanding of the purpose of which Araxis Merge was used at TomorrowNow? A. To perform file comparisons. Q. In what context was it used to perform file comparisons? A. In the development process. Q. Was that in the retrofit development process that we've been discussing? A. That's when we first started using it, yes. Q. Was it used in any other context other than the retrofit development process? A. I can't be certain of that. Q. Okay. Was the Araxis Merge tool used in any way by you or the environments team?

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A. I have used Araxis Merge before, yes. Q. Have you used it as part of your responsibilities at TomorrowNow? A. Yes. Q. For what purpose have you used the Araxis Merge tool at TomorrowNow? A. To perform file comparisons and directory comparisons. Q. What files did you compare when you used it? A. SQR source code and COBOL source code. Q. And did you do that using one of the local environments that TomorrowNow had in its possession? A. Yes. Q. Could you more specifically explain what you did with the environments and why you did it? A. When I used Araxis Merge, I guess, the first time, I'd been asked to compare two sets of code as part of our extended support retrofit model, and we compared the newer version and the older version to determine what differences there were and what changes needed to be made. Q. What code were you comparing to what other code?

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