Oracle Corporation et al v. SAP AG et al

Filing 809

Declaration of Jennifer Gloss in Support of 808 Response in Support, Defendants' Administrative Motion to File Under Seal Plaintiffs' Documents in Support of Defendants' Daubert Motions and Oppositions to Plaintiffs' Motions in Limine filed byOracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Related document(s) 808 ) (Alinder, Zachary) (Filed on 8/26/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 809

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BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) ZACHARY J. ALINDER (SBN 209009) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) 333 Main Street Armonk, NY 10504 Telephone: [phone] [e-mail] STEVEN C. HOLTZMAN (SBN 144177) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] [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., v. Plaintiffs, CASE NO. 07-CV-01658 PJH (EDL) DECLARATION OF JENNIFER GLOSS IN SUPPORT OF RESPONSE IN SUPPORT OF 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
Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF JENNIFER GLOSS IN SUPPORT OF ADMINISTRATIVE MOTION TO SEAL

SAP AG, et al., Defendants.

Dockets.Justia.com

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I, Jennifer Gloss, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am Senior

Corporate Counsel at Oracle America, Inc., successor to Oracle USA, Inc. ("Oracle"). I have personal knowledge of the facts stated within this Declaration and could testify competently to them if required. 2. I have reviewed Defendants' Notice of Motion and Motion to Exclude Expert

Testimony of Paul K. Meyer ("Motion") and Exhibits 3 and 6 to the Declaration of Elaine Wallace in Support of Defendants' Motion to Exclude Expert Testimony of Paul K. Meyer ("Exhibit 3" and "Exhibit 6"). Exhibits 3 and 6 contain testimony and confidential documents regarding internal Oracle decision-making business processes and valuation decisions, competitive business analyses, and the methods of valuation of assets in the context of acquisitions. Portions of Defendants' Motion at 10:9-12 also reference the confidential information contained in Exhibit 6. Disclosure of such information would grant Oracle's competitors, partners, customers, and other interested parties an insight into Oracle's internal strategy and operations that would provide them with an unfair competitive advantage with respect to current and future operations and negotiations. Accordingly, the disclosure of this testimony would create a risk of significant competitive injury and particularized harm and prejudice to Oracle. 3. I have reviewed Exhibit 5 to the Declaration of Elaine Wallace in Support of

Defendants' Motion to Exclude Expert Testimony of Paul K. Meyer ("Exhibit 5"). Exhibit 5, portions of the Report of Defendants' expert Stephen Clarke, discusses the terms of agreements between Oracle (or its predecessors, J.D. Edwards or PeopleSoft) and its partners and other nonparties in this action. Many of these agreements contain Confidentiality or Nondisclosure provisions that extend to the terms of the agreements. These discussions, in this portion of Clarke's report, directly quote from terms of these confidential agreements with non-parties. The disclosure of this information would, therefore, result in the disclosure of third-party confidential information. In addition, the disclosure of this information would grant Oracle's competitors, potential competitors, and customers, non-public and commercially sensitive 2 Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF JENNIFER GLOSS IN SUPPOR