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).

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Oracle Corporation et al v. SAP AG et al Doc. 817 Att. 17 EXHIBIT 17 Dockets.Justia.com MICHAEL A. GARAFOLA and JOHN L. TANNER, III HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY September 17, 2009 Page 1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 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. ) _____________________________ ) Case No. 07-CV-1658 (PJH) HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY VIDEOTAPED DEPOSITION OF 30(b)(6) DEPONENTS MICHAEL A. GARAFOLA and JOHN L. TANNER, III (Taken by Plaintiffs) Durham, North Carolina Thursday, September 17, 2009 Reported in Stenotype by Dorothy J. M. McGrath, RPR, Shorthand Reporter Transcript Produced by Computer-aided Transcription Merrill Legal Solutions (800) 869-9132 83d072c2-5f77-4158-a7aa-a7999764b00c MICHAEL A. GARAFOLA and JOHN L. TANNER, III HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY September 17, 2009 Page 15 TEXT REMOVED - NOT RELEVANT TO MOTION 21 09:20:38 09:20:39 09:20:40 09:20:48 22 23 24 25 (EXHIBIT NUMBER 1623 WAS MARKED FOR IDENTIFICATION.) BY MR. ALINDER: Q. The court reporter has handed you an Can you identify exhibit that's been marked 1623. what Exhibit 1623 is for me? Merrill Legal Solutions (800) 869-9132 83d072c2-5f77-4158-a7aa-a7999764b00c MICHAEL A. GARAFOLA and JOHN L. TANNER, III HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY September 17, 2009 Page 16 09:20:51 09:20:57 09:21:03 09:21:06 09:21:09 09:21:13 09:21:17 09:21:19 09:21:25 09:21:28 09:21:30 09:21:33 09:21:36 09:21:39 09:21:41 09:21:46 09:21:49 09:21:53 09:21:55 09:22:02 09:22:05 09:22:10 09:22:13 09:22:14 09:22:16 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. Appears 1623 is a note sheet specifying customers, prospects, and server names. Q. A. And did you put this note sheet together? I did not draft this, but the information that was -- is represented in this note sheet was discussed during the preparation. Q. together? A. Q. I believe counsel. The information, though, came from you and Do you know who put this note sheet some of your colleagues? A. Yes. This information was -- was discussed and remembered during our preparation sessions which included myself, Anthony Cefola, and John Tanner. Q. So to the best of your understanding and recollection, the information on this note sheet is true and correct? A. Q. To my best of my recollection, yes. And just going through the -- the sheet, I assume the first column is just the number of Siebel customers; is that right? A. Q. Yes. And then the second column is the name of each of those Siebel customers? Merrill Legal Solutions (800) 869-9132 83d072c2-5f77-4158-a7aa-a7999764b00c MICHAEL A. GARAFOLA and JOHN L. TANNER, III HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY September 17, 2009 Page 17 09:22:18 09:22:21 09:22:23 09:22:23 09:22:26 09:22:29 09:22:30 09:22:32 09:22:34 09:22:38 09:22:47 09:22:50 09:22:52 09:22:55 09:23:02 09:23:09 09:23:12 09:23:13 09:23:15 09:23:20 09:23:22 09:23:26 09:23:30 09:23:31 09:23:34 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. Q. column is? A. Yes. And is -- can you tell me what the third Third column is entitled, "Support dates." It's the dates that the customers were supported by TomorrowNow. Q. A. How about the fourth column? Fourth column is support Web, and this indicates whether or not any downloads were performed. Q. mean? A. S and T are both positive indicators that S indicates a script of some Can you tell me what S, N, and T [slash] S downloads did occur. sort, and T indicates the use of Titan. Q. is? A. Next column is entitled "Software." It And can you tell me what the next column indicates whether or not TomorrowNow had software, specifically Siebel software. Q. And when you say whether they had software, do you mean locally, or do you just mean in general? A. client. I mean locally, and it's broken down per Merrill Legal Solutions (800) 869-9132 83d072c2-5f77-4158-a7aa-a7999764b00c MICHAEL A. GARAFOLA and JOHN L. TANNER, III HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY September 17, 2009 Page 18 09:23:37 09:23:40 09:23:45 09:23:46 09:23:48 09:23:49 09:23:51 09:24:03 09:24:03 09:24:05 09:24:08 09:24:10 09:24:12 09:24:12 09:24:12 09:24:15 09:24:17 09:24:20 09:24:26 09:24:30 09:24:36 09:24:40 09:24:45 09:24:51 09:24:54 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 Q. So does that indicate that for those customers there was Siebel software in a local environment at TomorrowNow? MR. FUCHS: Objection, form. It indicates that the THE DEPONENT: software was located somewhere within TomorrowNow, whether on a server, on CD's. BY MR. ALINDER: Q. So for each those of customers with a Y, there was a copy of Siebel software located someplace at TomorrowNow? A. Yes. MR. FUCHS: BY MR. ALINDER: Q. A. machine." And can you tell me about the next column? Next column is entitled, "Virtual It indicates where we found through our Objection, form. prep session an actual virtual machine which is a -which is a -- which would contain -- could -- which contains some element of Siebel software on it. Q. So for each of the customers with a Y, there was a virtual -- virtual machine at TomorrowNow used to help support that customer on their Siebel software? A. That for each column that says yes, there Merrill Legal Solutions (800) 869-9132 83d072c2-5f77-4158-a7aa-a7999764b00c MICHAEL A. GARAFOLA and JOHN L. TANNER, III HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY September 17, 2009 Page 19 09:24:56 09:24:58 1 2 was a virtual machine that had a copy of the customer's Siebel software on it. TEXT REMOVED - NOT RELEVANT TO MOTION Merrill Legal Solutions (800) 869-9132 83d072c2-5f77-4158-a7aa-a7999764b00c 1 STATE OF NORTH CAROLINA COUNTY OF FORSYTH REPORTER'S CERTIFICATE I, Public, Dorothy J. M. 2 3 4 McGrath, RPR, a Notary 5 6 d o h e r e b y c e r t i f y t h a t t h e r e c a m e b e f o r e me 2009, the person on~~~s_cl~_, ~P~DQ_b&LJl, 7 8 9 h e r e i n b e f o r e n a m e d w h o w a s b y me d u l y s w o r n t o t e s t i f y to the truth and nothing but the truth of his or her knowledge concerning the matters in controversy in this cause; t h a t the witness was the examination and the 10 11 12 13 14 15 thereupon examined under oath, r e d u c e d t o t y p e w r i t i n g u n d e r my d i r e c t i o n , deposition is a true record of the testimony given by the witness. 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 attorney or counsel for, nor related to, or employed 16 17 18 19- by any attorney or counsel employed by the p a r t i e s hereto or financially interested in the action. I N W I T N E S S WHEREOF, hand this I h a v e h e r e t o s e t my 20 21 22 23 ~l~!_ day of ~~~t~VY~~~ __ , 2009. c= Dorot y J ~ McGrath, Notary Public Notary P b l i c Number 20030710028 24 25

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