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)

Oracle Corporation et al v. SAP AG et al

Doc. 800 Att. 27

EXHIBIT 27

Dockets.Justia.com

JEFFREY O'DONNELL September 15, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 1
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CIVIL ACTION NO. 07-CV-1658 PJH (EDL) 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 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) DEPOSITION TAKEN ON BEHALF OF DEFENDANTS

BY:

NOTICE

HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY WITNESS: JEFFREY O'DONNELL

********* The deposition of JEFFREY O'DONNELL was taken before Robyn Barrett, CSR, Court Reporter and Notary Public in and for the State of Kentucky at Large, and by videotape recording, at the offices of Stoll, Keenon & Ogden, located at 250 West Main Street, Lexington, Kentucky, on Tuesday, September 15, 2009, commencing at the approximate hour of 9:00 a.m. Said

examination was taken pursuant to notice for any and all purposes consistent with the Kentucky Rules of Civil Procedure.

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JEFFREY O'DONNELL September 15, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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23 24 25

Q A Q

How long have you been employed by Lexmark? Approximately six years, two months. And what's your title at Lexmark?

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JEFFREY O'DONNELL September 15, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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09:13:25 09:13:28 09:13:30 09:13:36 09:13:39 09:13:42 09:13:44 09:13:48 09:13:51 09:13:52 1 2 3 4 5 6 7 8 9 10

A Q A

Commodity manager. What does that mean? In the procurement area of Lexmark, they just refer to our roles as commodity managers, so in particular my commodity is technology.

Q A

What are your responsibilities for Lexmark? Sourcing, negotiating, executing relevant agreements for goods or services.

Q A

Generally in the technology area? Only in the technology area.

TEXT REMOVED - NOT RELEVANT TO MOTION

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JEFFREY O'DONNELL September 15, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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14 15 16 17 18 19 20 21 22 23 24 25

Q

What factors to your understanding influenced the decision to go with SAP?

A

There were over 300 data points that were measured -- excuse me -- and scored.

Q

Were those same 300 data points measured and scored for Oracle?

A Q

Yes. What factors made Lexmark decide against Oracle?

A

Other than the score itself, I wouldn't have any knowledge.

Q

Let me make sure I understand that we're

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JEFFREY O'DONNELL September 15, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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saying the same thing. A Q Okay. The score is generated based on an evaluation of certain data points? A Q A Q Yes. 300 data points? Approximately. And those data points are evaluated and a score is assigned to each point? A Q A Q A Q A Yes. The scores are added up? Yes. Apples to apples? Yes. SAP scored higher on those 300 data points? Yes.

TEXT REMOVED - NOT RELEVANT TO MOTION

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JEFFREY O'DONNELL September 15, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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22 23 24 25

Q

When selecting SAP, what role, if any, did the existence of TomorrowNow have to do with Lexmark's decision to transition to SAP?

A

Nothing to my knowledge.

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JEFFREY O'DONNELL September 15, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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10:04:43 10:04:46 1 2

Q A

Not a positive, not a negative? It was not a data point.

TEXT REMOVED - NOT RELEVANT TO MOTION

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