Oracle Corporation et al v. SAP AG et al

Filing 815

Declaration of Elaine Wallace in Support of Defendants' Fed. R. Evid. 1006 Summary of Evidence (FILED PURSUANT TO D.I. 810) filed by SAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1)(Related document(s) 810 ) (Froyd, Jane) (Filed on 8/27/2010) Modified on 8/27/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 815

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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. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 4:07-CV-1658 PJH (EDL) DECLARATION OF ELAINE WALLACE IN SUPPORT OF DEFENDANTS' FED. R. EVID. 1006 SUMMARY OF EVIDENCE Date: May 5, 2010 Time: 9:00 am Courtroom: 3, 3rd Floor Judge: Hon. Phyllis J. Hamilton FILED PURSUANT TO D.I. 810
SFI-629736v1 WALLACE DECLARATION ISO DEFENDANTS' FED R. EVID. 1006 SUMMARY OF EVIDENCE Case No. 4:07-CV-1658 PJH (EDL)

Dockets.Justia.com

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I, ELAINE WALLACE, declare: I am an associate with the law firm of Jones Day and counsel for Defendants SAP AG, SAP America, Inc. (together, "SAP") and TomorrowNow, Inc. ("TN") (collectively, "Defendants") in the above-captioned 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. Nothing in this declaration is intended to waive, or should be construed as a waiver of, the attorney-client privilege or attorney work product immunity. 1. I personally prepared the document entitled Defendants' Fed. R. Evid. 1006

Summary of Evidence in Support of Motion for Partial Summary Judgment ("Rule 1006 Summary"), attached hereto as Exhibit 1. 2. The Rule 1006 Summary summarizes information from three sources. The first

source is a database called the OKI3 database, which was produced by Plaintiffs in this case and which contains thousands of lines of data. The column in the Rule 1006 Summary entitled "Oracle Sales Region" summarizes for certain customers the information contained in Column AL ("Org_toGeography_Map") in the OKI3 database. The column in the Rule 1006 Summary entitled "Oracle Commissionaire/Undisclosed Agent" summarizes for certain customers the information contained in Column A ("Organization") in the OKI3 database. 3. The second source of information in the Rule 1006 Summary consists of twelve

contracts produced by Plaintiffs. The column in the Rule 1006 Summary entitled "Commissionaire/Undisclosed Agent's Territory" summarizes the territories identified in Exhibit A of ten commissionaire or undisclosed agent agreements produced by Plaintiffs. The Rule 1006 Summary also contains information from two other license related agreements produced by Plaintiffs. 4. The third source of information in the Rule 1006 Summary is a spreadsheet

produced by Plaintiffs listing multiple entities that shared revenue associated with two customers under certain revenue sharing agreements. 5.
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Collectively, these three sources comprise information relating to thirty-nine -1WALLACE DECLARATION ISO DEFENDANTS' RULE 1006 SUMMARY OF EVIDENCE Case No. 4:07-CV-1658 PJH (EDL)

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customers and multiple Oracle entities that is too voluminous to be conveniently examined by the Court and that is more conveniently presented in the form of a summary chart. All of the source documents were produced by Plaintiffs and thus are available to them for examination. Additionally, Defendants would be happy to provide at the Court's request the documents upon which Defendants' Rule 1006 Summary is based. 6. I personally prepared the Rule 1006 Summary following a thorough review of the

relevant information contained in the sources described above. I believe the Rule 1006 Summary to be an accurate summary of the information contained in the relevant portions of the documents on which it is based. 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 3rd day of March, 2010 in San Francisco, California. /s/ Elaine Wallace Elaine Wallace

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WALLACE DECLARATION ISO DEFENDANTS' RULE 1006 SUMMARY OF EVIDENCE Case No. 4:07-CV-1658 PJH (EDL)