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 Att. 16

EXHIBIT 16

Dockets.Justia.com

JOHN BAUGH December 3, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 158
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation, Plaintiffs, ) ) ) ) ) ) ) vs. ) CASE NO. 07-CV-01658 (MJJ) ) SAP AG, a German corporation, ) SAP AMERICA, INC., a Delaware ) corporation, TOMORROWNOW, INC., a) Texas corporation, and DOES 1-50,) inclusive, ) Defendants. ) "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" ORAL VIDEOTAPED DEPOSITION JOHN BAUGH - (VOLUME 2) DECEMBER 3, 2009 ORAL VIDEOTAPED DEPOSITION OF JOHN BAUGH, produced as a witness at the instance of the Plaintiffs and duly sworn, was taken in the above-styled and numbered cause on the 3rd day of December, 2009, from 12:25 a.m. to 4:08 p.m., before Dana Richardson, Certified Shorthand Reporter in and for the State of Texas, reported by computerized stenotype machine at the Hilton Hotel & Conference Center, 801 University Drive East, College Station, Texas 77840, pursuant to the Federal Rules of Civil Procedure and the provisions stated on the record or attached hereto. Job No. 1603-93486

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a8f5d6d0-b559-4dfd-8294-980033f646dd

JOHN BAUGH December 3, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 186
13:08:37 13:08:41 13:08:41 13:08:45 13:08:46 13:08:52 13:08:53 13:09:04 13:09:07 13:09:14 13:09:22 13:09:29 13:09:34 13:09:37 13:09:41 13:09:43 13:09:50 13:09:55 13:09:59 13:10:06 13:10:09 13:10:15 13:10:26 13:10:30 13:10:36 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

A. hold. Q. A. Q. A. Q.

I don't know what the maximum number of CPUs it could

And how about the DCPS TEMP01? I really don't know. Okay. And you don't know for DCPS TEMP02?

I -- I would just be guessing. Okay. And then where -- where do you understand 10g

server database was installed? A. The 10g database server was installed on one of the And then

Windows servers, either DCPS TEMP01 or DCPS TEMP02.

there was a partial install on one of the AIX servers, the PSDEV01, I think. Q. A. Q. A. What do you mean, "a partial install"? It couldn't be -- the install could not be completed. And why is that? We were missing some AIX operating system patches

that were a prerequisite for the install, 10g. Q. A. Q. And did you obtain those patches from somewhere? Not that I'm aware, no. Was that installation ever completed, the

installation of 10g on PSDEV01? A. Q. I don't think so, no. Is it fair to say that for all of TomorrowNow's

clients who were on an Oracle database platform, that TomorrowNow was supporting those clients with one of the

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a8f5d6d0-b559-4dfd-8294-980033f646dd

JOHN BAUGH December 3, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 254
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I declare under penalty of perjury that the foregoing is true and correct.

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JOHN BAUGH

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SUBSCRIBED AND SWORN TO BEFORE ME, t h e u n d e r s i g n e d

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My C o m m i s s i o n E x p i r e s : 'S<P Y-',vc, Z<:t> I I
PAUL HAVARD STEWART

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Notary Public, State o f Texas My Commission Expires

June 30, 2011

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STATE OF TEXAS COUNTY OF HARRIS REPORTER'S CERTIFICATE I , Dana Richardson, a C e r t i f i e d Shorthand Reporter in and for the State of Texas, do c e r t i f y t h a t t h i s deposition transcript i s a true record of the testimony given by the witness named herein, a f t e r said witness was duly sworn by me. The witness was requested to review the deposition. I f u r t h e r c e r t i f y t h a t I am n e i t h e r a t t o r n e y o r c o u n s e l for, related to, nor employed by any parties to the action in further, t h a t I am n o t a

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which this testimony is taken and,

relative or employee of any counsel employed by the parties hereto or financially interested in the action. I further c e r t i f y that the amount of time used by each party at the deposition is as follows: M r . G e o f f r e y M. H o w a r d - 0 2 : 5 9 Mr. Joshua L. Fuchs - 00:00 SUBSCRIBED AND SWORN TO u n d e r my h a n d a n d s e a l o f o f f i c e on t h i s the ~ day of

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Firm No. 210

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