Oracle Corporation et al v. SAP AG et al

Filing 800

Declaration of Elaine Wallace in Support of 798 MOTION Defendants' Notice of Motion and Motion to Exclude Expert Testimony of Paul K. Meyer 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)(Related document(s) 798 ) (Froyd, Jane) (Filed on 8/19/2010)

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Oracle Corporation et al v. SAP AG et al Doc. 800 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: (415) 626-3939 Facsimile: (415) 875-5700 ramittelstaedt@jonesday.com jmcdonell@jonesday.com ewallace@jonesday.com Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: (650) 739-3939 Facsimile: (650) 739-3900 tglanier@jonesday.com jfroyd@jonesday.com Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: (832) 239-3939 Facsimile: (832) 239-3600 swcowan@jonesday.com jlfuchs@jonesday.com Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) DECLARATION OF ELAINE WALLACE IN SUPPORT OF MOTION TO EXCLUDE EXPERT TESTIMONY OF PAUL K. MEYER Date: Time: Courtroom: Judge: September 30, 2010 2:30 p.m. 3, 3rd Floor Hon. Phyllis J. Hamilton DECLARATION OF ELAINE WALLACE ISO DEFENDANTS' MOTION TO EXCLUDE MEYER 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 I, ELAINE WALLACE, declare as follows: I am an attorney in the law firm of Jones Day, 555 California St., 26th Floor, San Francisco, California 94104, and counsel of record for Defendants SAP AG, SAP America, Inc. (together, "SAP"), and TomorrowNow, Inc. ("TN") (collectively, "Defendants") in the abovecaptioned matter. I am a member in good standing of the state bar of California and admitted to practice before this Court. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 1. Plaintiffs have issued subpoenas to approximately 125 former TN customers as part of discovery in this action. 2. Attached as Exhibit 1 are true and correct copies of the following excerpts from the February 23, 2010 Supplemental Expert Report of Paul K. Meyer, which was produced by Plaintiffs in this case. Attached are the following relevant paragraphs: 95, 104, 110, 113, 114-15, 116 (Table 6), 117 n.295, 119-120, 121 n.301, 122 n.305, 128, 130-31, 132 n.324, 133-136, 141, 153 (Table 8), 157 n. 357, 161, 163, 165-69, 171 n.373, 189, 196, 198, 229-239, 243, 250, 252, 257, 265, 266-67, 268 (Table 11), 273-274, 340, 341-348, 438, 445 n.832. 3. Attached as Exhibit 2 are true and correct copies of the following excerpts from the May 12, 2010 Deposition of Paul K. Meyer: 71:12-72:16, 100:6-101:2, 151:12-153:19, 159:25-168:8, 184:16-185:18, 201:19-203:12, 265:2-7. 4. Attached as Exhibit 3 are true and correct copies of the following excerpts from the May 13, 2010 Deposition of Paul K. Meyer: 365:13-367:10, 372:5-378:1, 423:2-6, 432:7435:5, 452:4-24, 481:11-485:8, 488:24-490:3, 590:15-591:5, 603:1-18. 5. Attached as Exhibit 4 are true and correct copies of the following excerpts from the May 14, 2010 Deposition of Paul K. Meyer: 701:15-702:12, 707:15-708:15, 709:23-711:3, 783:21-790:2, 800:16-801:8, 802:11-20, 805:4-16, 810:12-20, 814:10-14, 817:22-818:15, 818:1625, 819:1-820:9, 839:23-847:18. 6. Attached as Exhibit 5 are true and correct copies of the following excerpts from the May 7, 2010 Expert Report of Stephen K. Clarke, which was produced by Defendants in this case: pp. 94-115, 206-209. SFI-647944v3 -1- DECLARATION OF ELAINE WALLACE ISO DEFENDANTS' MOTION TO EXCLUDE MEYER 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 7. Attached as Exhibit 6 is a true and correct copy of an excerpt from Oracle Corporations's Estimation of the Fair Value of Certain Assets and Liabilities of PeopleSoft, Inc. , dated December 28, 2004, which was produced by Plaintiffs with Bates number ORCL00313160, ORCL00313189. 8. Attached as Exhibit 7 is a true and correct copy of an email chain between Jeff Henley and Safra Catz, the most recent is dated March 25, 2005, and produced by Plaintiffs with Bates number ORCL00744446-448. 9. Attached as Exhibit 8 is a true and correct copy of an email chain involving Juan Jones, the most recent of which is dated September 19, 2005, and produced by Plaintiffs with Bates number ORCL00192008-015 and marked as Defendants' Deposition Exhibit 374. 10. Attached as Exhibit 9 is a true and correct copy of an email chain involving Judith Sims, the most recent of which is dated October 4, 2005, and produced by Plaintiffs with Bates number ORCL0055630-337 and marked as Defendants' Deposition Exhibit 632. 11. Attached as Exhibit 10 is a true and correct copy of an email chain involving Chris Hummel, the most recent of which is dated December 12, 2005, and produced by Plaintiffs with Bates number ORCL00306514-518. 12. Attached as Exhibit 11 is a true and correct copy of an email chain involving Charles Phillips, the most recent of which is dated May 12, 2006, and produced by Plaintiffs with Bates number ORCL00550208 and marked as Defendants' Deposition Exhibit 635. 13. Attached as Exhibit 12 is a true and correct copy of an email chain involving Juan Jones, the most recent of which is dated August 29, 2006, and produced by Plaintiffs with Bates number ORCL00173509-511 and marked as Defendants' Deposition Exhibit 367. 14. Attached as Exhibit 13 is a true and correct copy of an email chain involving Chris Hummel, the most recent of which is dated September 15, 2006, and produced by Plaintiffs with Bates number ORCL00311546-549. 15. Attached as Exhibit 14 is a true and correct copy of an email chain involving Juan Jones, the most recent of which is dated October 4, 2006, and produced by Plaintiffs with Bates number ORCL00193693-694 and marked as Defendants' Deposition Exhibit 372. SFI-647944v3 -2- DECLARATION OF ELAINE WALLACE ISO DEFENDANTS' MOTION TO EXCLUDE MEYER 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 16. Attached as Exhibit 15 is a true and correct copy of an email chain involving Thomas Ziemen, the most recent of which is dated December 23, 2004, and produced by Defendants with Bates number SAP-OR00253278-301 and marked as Plaintiffs' Deposition Exhibit 447. 17. Attached as Exhibit 16 are true and correct copies of the following excerpts from the September 30, 2008 Deposition of Thomas Ziemen: 86:3-18. 18. Attached as Exhibit 17 are true and correct copies of the following excerpts from the November 12, 2008 Deposition of Werner Brandt: 19:23-20:15; 113:15-21. 19. Attached as Exhibit 18 is a true and correct copy of an excerpt from Gordon V. Smith and Russell L. Parr, Intellectual Property Valuation, Exploitation, and Infringement Damages (2005); specifically, the cover page and page 185. 20. Attached as Exhibit 19 is a true and correct copy of an excerpt of Andrew Nelson's February 26, 2009 deposition marked as Defendants' Deposition Exhibit 2032. 21. Attached as Exhibit 20 is a true and correct copy of a chart illustrating Plaintiffs' alleged damages marked as Defendants' Deposition Exhibit 2044. 22. Attached as Exhibit 21 is a true and correct copy of Oracle's E-Business Price List, dated December 1, 2004, and produced by Plaintiffs with Bates number ORCL00704411421. 23. Attached as Exhibit 22 is a true and correct copy of an excerpt from the June 3, 2010 Expert Report of Stephen Gray, including the cover page and pages 62-64. 24. Attached as Exhibit 23 is a true and correct copy a schedule created by Plaintiffs' expert Paul K. Meyer marked as Defendants' Deposition Exhibit 2017. 25. Attached as Exhibit 24 is a true and correct copy of presentation entitled "Safe Passage II Integrated Marketing Program," produced by Defendants with Bates number TNOR00122397-444 Plaintiffs' Deposition Exhibit 181. 26. Attached as Exhibit 25 is a true and correct copy of an email sent by Bob Geib dated December 16, 2005, and produced by Defendants with Bates number TN-OR00090923 Defendants' Deposition Exhibit 2038. SFI-647944v3 -3- DECLARATION OF ELAINE WALLACE ISO DEFENDANTS' MOTION TO EXCLUDE MEYER 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 27. Attached as Exhibit 26 is a true and correct copy of a declaration signed on May 4, 2010 by Daniel A. Clarke of NewPage Corporation and marked as Defendants' Deposition Exhibit 2042. 28. Attached as Exhibit 27 is a true and correct copy of the following excerpts from the September 15, 2009 Deposition of Jeffrey O'Donnell: 6:23-7:10; 37:14-38:16; 41:22-42:2. 29. Attached as Exhibit 28 is a true and correct copy of a schedule created by Plaintiffs' expert Paul K. Meyer and marked as Defendants' Deposition Exhibit 2020. 30. Attached as Exhibit 29 is a true and correct copy of a document describing BASF AG's ERP software usage, and produced by the Defendants with Bates number TN-OR00152649. 31. Attached as Exhibit 30 is a true and correct copy of an email chain involving Rick Cummins and produced by Plaintiffs with the Bates number ORCL00182769 ORCL00182771. I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed this 19th day of August, 2010 in San Francisco, California. /s/ Elaine Wallace Elaine Wallace SFI-647944v3 -4- DECLARATION OF ELAINE WALLACE ISO DEFENDANTS' MOTION TO EXCLUDE MEYER Case No. 07-CV-1658 PJH (EDL)

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