Oracle Corporation et al v. SAP AG et al

Filing 799

STIPULATION re 796 Administrative Motion to File Under Seal Defendants' Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Documents in Support of Defendants' Daubert Motions and Oppositions to Plaintiffs' Motions in Limine< Stipulation to Permit Defendants to File Under Seal Plaintiffs' Documents in Support of Defendants' Daubert Motions and Oppositions to Plaintiffs' Motions in Limine by SAP AG, SAP America Inc, Tomorrownow Inc. (Lee, Jacqueline) (Filed on 8/19/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 799

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: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC.

BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) 333 Main Street Armonk, NY 10504 Telephone: [phone] Facsimile: [phone] [e-mail] STEVEN C. HOLTZMAN (SBN 144177) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] [e-mail] BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [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., et al.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants.
SVI-84018v1

Case No. 07-CV-1658 PJH (EDL) STIPULATION TO PERMIT DEFENDANTS TO FILE UNDER SEAL PLAINTIFFS' DOCUMENTS IN SUPPORT OF DEFENDANTS' DAUBERT MOTIONS AND OPPOSITIONS TO PLAINTIFFS' MOTIONS IN LIMINE
STIPULATION IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION 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

Pursuant to Local Rules 7-11(a) and 79-5(c), Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. ("Plaintiffs") and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. ("Defendants," and together with Plaintiffs, the "Parties") jointly submit this Stipulation to Permit Defendants to File Under Seal Plaintiffs' Documents in Support of Defendants' Daubert Motions and Oppositions to Plaintiffs' Motions in Limine. WHEREAS, Defendants filed on August 19, 2010 (1) Defendants' Motion to Exclude Expert Testimony of Paul K. Meyer, (2) Exhibits 1, 3, 5, 6, and 20 to the Declaration of Elaine Wallace in Support of Defendants' Motion to Exclude Expert Testimony of Paul K. Meyer ("Wallace Decl."), (3) Defendants' Oppositions to Plaintiffs' Motions in Limine, and (4) Exhibits 13, 21, 22, 23, and 31 to the Declaration of Tharan Gregory Lanier in Support of Defendants' Oppositions to Plaintiffs' Motions in Limine ("Lanier Decl."); WHEREAS, at Plaintiffs' request, Defendants have filed an Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Documents in Support of Defendants' Daubert Motions and Oppositions to Plaintiffs' Motions in Limine; WHEREAS the requested relief is necessary and narrowly tailored to protect the alleged confidentiality of the material put at issue by Defendants' Motion to Exclude Expert Testimony of Paul K. Meyer and Defendants' Oppositions to Plaintiffs' Motions in Limine until such time as the Court makes a final ruling as to confidentiality of the relevant subject matter. Specifically, the following documents and portions of documents contain information designated by Plaintiffs as "Highly Confidential - Attorneys' Eyes Only" or "Confidential Information" pursuant to the Stipulated Protective Order in this case: · Portions of Defendants' Motion to Exclude Expert Testimony of Paul K. Meyer: portions of 4:14-15 and 10:19-12; · · · ·
SVI-84018v1

Portions of Exhibit 1 to the Wallace Decl.; Portions of Exhibit 3 to the Wallace Decl.; Exhibit 5 to the Wallace Decl.; Exhibit 6 to the Wallace Decl.; -1STIPULATION IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION 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

· ·

Portions of Exhibit 20 to the Wallace Decl.; Portions of Defendants' Oppositions to Plaintiffs' Motions in Limine: portions of 19:16-17;

· · · · ·

Portions of Exhibit 13 to the Lanier Decl.; Portions of Exhibit 21 to the Lanier Decl.; Portions of Exhibit 22 to the Lanier Decl.; Portions of Exhibit 23 to the Lanier Decl; and Exhibit 31 to the Lanier Decl.

NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their respective counsel of record, that Defendants be permitted to move for permission to file under seal (1) portions of Defendants' Motion to Exclude Expert Testimony of Paul K. Meyer, (2) portions of Exhibits 1, 3, 5, 6, and 20 to the Wallace Decl., (3) portions of Defendants' Oppositions to Plaintiffs' Motions in Limine, and (4) portions of Exhibits 13, 21, 22, 23, and 31 to the Lanier Decl., as described above. The Parties further agree that Defendants reserve their rights to challenge the confidentiality of the information filed under seal pursuant to this Stipulation. While the Parties agree that Defendants' concurrently filed Daubert Motions, Oppositions to Plaintiffs' Motions in Limine, and exhibits filed in support thereof may be publicly filed, the Parties also agree that the filing shall not be construed as a waiver of any confidentiality designation or other protection with respect to documents, transcripts, or other information referred to in, or that serve as the basis for, the allegations or arguments made in them. IT IS SO STIPULATED.

SVI-84018v1

-2-

STIPULATION IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION 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

DATED: August 19, 2010

JONES DAY

By: /s/ Tharan Gregory Lanier Tharan Gregory Lanier Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. DATED: August 19, 2010 BINGHAM McCUTCHEN LLP

By:

/s/ Geoffrey M. Howard Geoffrey M. Howard

Attorneys for Plaintiffs ORACLE USA, INC., ORACLE INTERNATIONAL CORPORATION, ORACLE EMEA LIMITED, and SIEBEL SYSTEMS, INC.

SVI-84018v1

-3-

STIPULATION IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION Case No. 07-CV-1658 PJH (EDL)