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. 9

EXHIBIT I
Dockets.Justia.com

HASSO PLATTNER June 2, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 1
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation, Plaintiffs, vs. SAP AG, a German corporation, SAP AMERICA, INC., a Delaware corporation, TOMORROWNOW, INC., a Texas corporation, and DOES 1-50, inclusive, Defendants. ______________________________

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. 07-CV-1658 (PJH)

VIDEOTAPED DEPOSITION OF HASSO PLATTNER _________________________________ TUESDAY, JUNE 2, 2009

HIGHLY

CONFIDENTIAL - ATTORNEYS' EYES ONLY

REPORTED BY:

HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-419913)

Merrill Legal Solutions [phone]

HASSO PLATTNER June 2, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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Q. Okay. Now, let's talk about getting IP through buying a company that has -- that has the IP to sell. SAP has obviously done several acquisitions. Right? A. Yes. Q. And in those acquisitions, it's common business practice to put a value on the IP that's being acquired? A. Yes. Q. And in many cases, that IP value can be a significant portion of the overall value of the acquisition? MR. LANIER: Same objections. THE WITNESS: Then I have to reanswer the question, it's the company value, not the IP value. MR. HOWARD: Q. Well -A. It's the overall value of the system, the company. Not -- IP valuation is pretty difficult. Q. Okay. Certainly you come up with a price you're willing to pay for the company. Right? A. Yeah.

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Q. And one of the assets of the company that has IP is going to be the value of that IP as a part of the overall value. Is that right? MR. LANIER: Same objections. THE WITNESS: This is too technical. There's a legal discussion, and we go into goodwill and other things, and I'm not prepared for that.

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