Oracle Corporation et al v. SAP AG et al

Filing 817

Declaration of Tharan Gregory Lanier in Support of 816 Defendants' Cross Motion for Partial Summary Judgment and Opposition to Plaintiffs' Motion for Partial Summary Judgment (FILED PURSUANT TO D.I. 810) filed by SAP 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, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53)(Related document(s) 810 ) (Froyd, Jane) (Filed on 8/27/2010) Modified on 8/30/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 817

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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. 07-CV-1658 PJH (EDL) DECLARATION OF THARAN GREGORY LANIER IN SUPPORT OF DEFENDANTS' CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT AND OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT Date: May 5, 2010, Time: 9:00 a.m. Courtroom: 3, 3rd Floor Judge: Hon. Phyllis J. Hamilton FILED PURSUANT TO D.I. 810
DECLARATION OF THARAN GREGORY LANIER ISO DEFENDANTS' CROSS MOT. AND OPPOSITION Case No. 07-CV-1658 PJH (EDL)

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I, THARAN GREGORY LANIER, declare as follows: I am a partner in the law firm of Jones Day, 1755 Embarcadero Road, Palo Alto, California 94303, and counsel of record 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. Documents Produced by Plaintiffs 1. Attached as Exhibit 1 is a true and correct copy of the January 31, 2006

Oracle/Ozark Contribution, Assignment and Assumption Agreement between Oracle Corporation and Ozark Holding Inc, produced by Plaintiffs in this case at ORCL00182293­301. 2. Attached as Exhibit 2 is a true and correct copy of the March 1, 2005

PeopleSoft/JDE LLC OIC Asset Transfer Agreement between Oracle Corporation, Oracle International Corporation, PeopleSoft, Inc. and J.D. Edwards & Company, LLC, produced by Plaintiffs in this case at ORCL00043702­707. 3. Attached as Exhibit 3 is a true and correct copy of the March 1, 2005 OIC Asset

Transfer Agreement by and among Oracle Corporation, Oracle International Corporation, PeopleSoft, Inc. and J.D. Edwards & Co., LLC, J.D. Edwards YOUCentric and J.D. Edwards World Source Company, produced by Plaintiffs in this case at ORCL00043708­713. Documents Produced by Defendants 4. Attached as Exhibit 4 is a true and correct copy of a document entitled

"TomorrowNow, Inc. Tax & Regulatory Updates: Retrofit Development For PeopleSoft 7.x Releases," produced by Defendants in this case at TN-OR00646511­513. 5. Attached as Exhibit 5 is a true and correct copy of a document entitled "Critical

Support Services Procedures," produced by Defendants in this case at TN-OR00001623­1644, and marked in this case as Plaintiffs' Deposition Exhibit 23. 6. Attached as Exhibit 6 is a true and correct copy of a document entitled "Praxair

OneWorld," produced by Defendants in this case at TN-OR00419837, and marked in this case as
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Plaintiffs' Deposition Exhibit 52. 7. Attached as Exhibit 7 is a true and correct copy of a document entitled "Bonne

Bell World," produced by Defendants in this case at TN-OR00419836, and marked in this case as Plaintiffs' Deposition Exhibit 55. 8. Attached as Exhibit 8 is a true and correct copy of an untitled document marked in

this case as Plaintiffs' Deposition Exhibit 1623. Discovery Responses 9. Attached as Exhibit 9 is a true and correct copy of Plaintiffs' Fifth Amended and

Supplemental Responses and Objections to Defendant TomorrowNow, Inc.'s First Set of Interrogatories, dated December 4, 2009: pp. 64-66, 80. 10. Attached as Exhibit 10 is a true and correct copy of Defendant TomorrowNow,

Inc.'s Third Amended and Supplemental Response to Plaintiff Oracle USA, Inc.'s Second Set of Interrogatories, dated December 4, 2009: pp. 10-31, 146. 11. Attached as Exhibit 11 is a true and correct copy of Plaintiffs' Third Supplemental

and Amended Initial Disclosures, dated November 2, 2009, and as amended on November 20, 2009 and November 23, 2009 at pages 3 and 5: pp. 1-8, 57. 12. Attached as Exhibit 12 is a true and correct copy of Oracle's Supplemental Initial

Expert Disclosures, dated October 17, 2009. 13. Attached as Exhibit 13 is a true and correct copy of a letter from Amy Donnelly to

Jason McDonell regarding Plaintiffs' Fourth Supplemental and Amended Initial Disclosures, dated March 30, 2010. Deposition Testimony 14. Attached as Exhibit 14 is a true and correct copy of the November 12, 2009

Richard Allison Deposition: pp. 1, 18:22-21:13, 39:23-53:10, 236:1-237:25. 15. Attached as Exhibit 15 is a true and correct copy of the February 6, 2008 John

Baugh Deposition: pp. 1, 67:15-68:18, 148-149. 16. Attached as Exhibit 16 is a true and correct copy of the December 3, 2009 John

Baugh Deposition: pp. 158, 186, 254-255.
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17.

Attached as Exhibit 17 is a true and correct copy of the September 17, 2009

Michael Garafola and John Tanner Deposition: pp. 1, 15:21-19:2, 213:1-25. 18. Attached as Exhibit 18 is a true and correct copy of the October 15, 2009 Jason

Kees Deposition: pp. 1, 15:2-18:6, 171:14-184:14, 192:16-193:18, 202:9-208:3, 251:25-253:25. 19. Attached as Exhibit 19 is a true and correct copy of the December 4, 2008 Uwe

Koehler Deposition: pp. 1, 8:24-9:5, 11:5-12:11, 17:9-22, 22:7-23:2, 193:17-194:21, 235:17236:25. 20. Attached as Exhibit 20 is a true and correct copy of the December 5, 2008 Uwe

Koehler Deposition: pp. 1, 6:4-21, 36:7-41:16, 42:7-44:5, 46:13-47:22; 49:1-51:1, 56:2-23, 59:21-61:9, 98:25-100:25. 21. Attached as Exhibit 21 is a true and correct copy of the October 30, 2007 Mark

Kreutz Deposition: pp. 80:8-81:25, 242:1-243:25. 22. Attached as Exhibit 22 is a true and correct copy of the February 19, 2008 Mark

Kreutz Deposition: pp. 1, 62:15-63:17, 106:11-24, 251:1-252:25. 23. Attached as Exhibit 23 is a true and correct copy of the February 26, 2009

Andrew Nelson Deposition: pp. 1, 63:3-72:24, 84:19-86:25, 91:4-92:6, 264:17-265:25. 24. Attached as Exhibit 24 is a true and correct copy of the December 6, 2007 Shelley

Nelson Deposition: pp. 1, 221:10-222:16, 241:1-242:25. 25. Attached as Exhibit 25 is a true and correct copy of the April 18, 2008 Shelley

Nelson Deposition: pp. 243, 279:20-283:20, 533:1-536:25. 26. Attached as Exhibit 26 is a true and correct copy of the May 21, 2009 Seth Ravin

Deposition: pp. 1, 18:23-20:6, 273:14-274:25. 27. Attached as Exhibit 27 is a true and correct copy of the December 2, 2009 John

Ritchie Deposition: pp. 1, 166:19-167:11, 168:17-170:25, 205:16-25, 215:9-216:25. Transcripts and Unpublished Cases 28. Attached as Exhibit 28 is a true and correct copy of the November 26, 2008

Transcript of Proceedings in Oracle USA, Inc., et al. v. SAP AG, et al., No. 07-CV-01658 PJH. 29.
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Attached as Exhibit 29 is a true and correct copy of Violent Crime Control and -3DECLARATION OF THARAN GREGORY LANIER ISO DEFENDANTS' MOT. FOR PARTIAL SUMMARY JUDGMENT Case No. 07-CV-1658 PJH (EDL)

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Law Enforcement Act of 1994, Pub. L. No. 103-322. 30. Attached as Exhibit 30 is a true and correct copy of Binary Semantics Ltd. v.

Minitab, Inc., No. 4:07-CV-1750, 2008 U.S. Dist. LEXIS 28602 (M.D. Pa. Mar. 20, 2008). 31. Attached as Exhibit 31 is a true and correct copy of Calence, LLC v. Dimension

Data Holdings, No. C06-0262RSM, 2007 U.S. Dist. LEXIS 38043 (W.D. Wash. May 24, 2007). 32. Attached as Exhibit 32 is a true and correct copy of Cassetica Software, Inc. v.

Computer Sci. Corp., No. 09 C 0003, 2009 U.S. Dist. LEXIS 51589 (N.D. Ill. June 18, 2009). 33. Attached as Exhibit 33 is a true and correct copy of Charles Schwab & Co. v.

Carter, No. 04 C 7071, 2005 U.S. Dist. LEXIS 21348 (N.D. Ill. Sept. 27, 2005). 34. Attached as Exhibit 34 is a true and correct copy of Condux Int'l, Inc. v. Haugum,

No. 08-4824 ADM/JSM, 2008 U.S. Dist. LEXIS 100949 (D. Minn. Dec. 15, 2008). 35. Attached as Exhibit 35 is a true and correct copy of In re Cygnus Telecomms.

Tech., LLC, Patent Litig., No. C-04-04247 RMW, 2007 WL 2261543 (N.D. Cal. Aug. 6, 2007). 36. Attached as Exhibit 36 is a true and correct copy of Czech v. Wall St. on Demand,

Inc., No. 09-180 (DWF/RLE), 2009 U.S. Dist. LEXIS 114125 (D. Minn. Dec. 8, 2009). 37. Attached as Exhibit 37 is a true and correct copy of Doe v. Dartmouth-Hitchcock

Med. Ctr., Civil No. 00-100-M, 2001 U.S. Dist. LEXIS 10704 (D.N.H. July 19, 2001). 38. Attached as Exhibit 38 is a true and correct copy of Dong Ah Tire & Rubber Co.

v. Glasforms, Inc., No. 06-3359, 2009 U.S. Dist. LEXIS 30610 (N.D. Cal. Apr. 9, 2009). 39. Attached as Exhibit 39 is a true and correct copy of Flotsam of Cal., Inc. v.

Huntington Beach Conf. & Visitors Bureau, No. C 06-7028 MMC, 2008 WL 144693 (N.D. Cal. Jan. 10, 2008). 40. Attached as Exhibit 40 is a true and correct copy of Garland-Sash v. Lewis, No.

05 Civ. 6827 (WHP), 2007 U.S. Dist. LEXIS 20909 (S.D.N.Y. Mar. 26, 2007). 41. Attached as Exhibit 41 is a true and correct copy of Gastelum v. Abbott Labs., No.

CV 05-645 PHX NVW, 2006 WL 2456199 (D. Ariz. Aug. 22, 2006). 42. Attached as Exhibit 42 is a true and correct copy of Hanger Prosthetics &

Orthotics, Inc. v. Capstone Orthopedic, Inc., No. 2:06-cv-2879-GEB-KJM, 2008 U.S. Dist.
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DECLARATION OF THARAN GREGORY LANIER ISO DEFENDANTS' MOT. FOR PARTIAL SUMMARY JUDGMENT Case No. 07-CV-1658 PJH (EDL)

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LEXIS 91373 (E.D. Cal. June 13, 2008). 43. Attached as Exhibit 43 is a true and correct copy of Kalow & Springnut, LLP v.

Commence Corp., C.A. No. 07-3442 (FLW), 2008 U.S. Dist. LEXIS 48036 (D.N.J. June 23, 2008). 44. Attached as Exhibit 44 is a true and correct copy of L-3 Comms. Westwood Corp.

v. Robicharux, No. 06-0279, 2007 WL 756528 (E.D. La. Mar. 8, 2007). 45. Attached as Exhibit 45 is a true and correct copy of Laser Design Int'l, Inc. v. BJ

Crystal, Inc., No. C 03-1179 JSW, 2007 U.S. Dist. LEXIS 21329 (N.D. Cal. Mar. 7, 2007). 46. Attached as Exhibit 46 is a true and correct copy of Mintel Int'l Group, Ltd. v.

Neergheen, No. 08-cv-3939, 2010 U.S. Dist. LEXIS 2323 (N.D. Ill. Jan. 12, 2010). 47. Attached as Exhibit 47 is a true and correct copy of NLFC, Inc. v. Devcom Mid-

America, Inc., No. 93 C 0609, 1993 U.S. Dist. LEXIS 16459 (N.D. Ill. Nov. 16, 1993). 48. Attached as Exhibit 48 is a true and correct copy of Nexans Wires S.A. v. Sark-

USA, Inc., 319 F. Supp. 2d 468 (S.D.N.Y. 2004). 49. Attached as Exhibit 49 is a true and correct copy of Ortega v. City of Oakland, No.

C07-02659 JCS, 2008 WL 4532550 (N.D. Cal. Oct. 8, 2008). 50. Attached as Exhibit 50 is a true and correct copy of Raymonde v. Mirant Cal.,

LLC, No. C 08-03733 WHA, 2010 U.S. Dist. LEXIS 5362 (N.D. Cal. Jan. 25, 2010). 51. Attached as Exhibit 51 is a true and correct copy of Resdev, LLC v. Lot Builders

Ass'n, No. 6:04-cv-1374-Orl-31DAB, 2005 U.S. Dist. LEXIS 19099 (M.D. Fla. Aug. 10, 2005). 52. Attached as Exhibit 52 is a true and correct copy of Romero v. Hennessey, No. C

08-4675 RMW (PR), 2010 WL 135185 (N.D. Cal. Jan. 5, 2010). 53. Attached as Exhibit 53 is a true and correct copy of U.S. v. Nosal, No. C 08-0237

MHP, 2010 U.S. Dist. LEXIS 24359 (N.D. Cal. Jan. 5, 2010).

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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 31st day of March, 2010 in Palo Alto, California. /s/ Tharan Gregory Lanier Tharan Gregory Lanier

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DECLARATION OF THARAN GREGORY LANIER ISO DEFENDANTS' MOT. FOR PARTIAL SUMMARY JUDGMENT Case No. 07-CV-1658 PJH (EDL)