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. 25

EXHIBIT 25

Dockets.Justia.com

SHELLEY NELSON April 18, 2008 HIGHLY CONFIDENTIAL
Page 243
IN THE UNITED STATES DISTRICT COURT FOR THE 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 :CA NO. 07-CV-01658 (MJJ) : V. : : SAP AG, A GERMAN, : CORPORATION, SAP AMERICA, : INC., A DELAWARE CORPORATION, : TOMORROWNOW, INC., A TEXAS : CORPORATION, AND DOES 1-50, : INCLUSIVE, : : Defendants : "HIGHLY CONFIDENTIAL" VIDEOTAPED AND ORAL DEPOSITION OF TOMORROWNOW BY AND THROUGH SHELLEY NELSON VOLUME 3 APRIL 18, 2008

VIDEOTAPED AND ORAL DEPOSITION Of SHELLEY NELSON, produced as a witness at the instance of Counsel for the Plaintiffs, and duly sworn, was taken in the above-styled and numbered cause on the 18th day of April, 2008, from 8:27 a.m. to 5:00 p.m., before JANE E. DEMARS, Certified Shorthand Reporter in and for the State of Texas, reported by machine shorthand, at the Law Offices of Graves, Dougherty, Hearon & Moody, 401 Congress Avenue, Austin, Travis County, Texas, pursuant to the Federal Rules of Civil Procedure and the provisions stated on the record or attached hereto.

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SHELLEY NELSON April 18, 2008 HIGHLY CONFIDENTIAL
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Q

Now, once you began your employment at

TomorrowNow, did you have a role in the development of what are called critical support updates? A The timing is a bit different. Those didn't exist. Not when I

initially began. Q

What, what do you understand by the term

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"critical support updates"? A The term "critical support" is more of a

marketing term, actually, and, and not one that we ended up using. So in the scope of TomorrowNow, I believe

that the development team would consider critical support as those regulatory changes in development that are designed and scoped on our own versus retrofitted, and, and developed from scratch. Q And at what point were critical support

updates first created by TomorrowNow? MR. LANIER: THE WITNESS: was initially established. Object to form. I don't know when the term I'm not exactly sure. Do

you -- I guess to rephrase that question, are you wanting to know when we first developed updates from scratch or when we first started calling them critical support? Q (BY MR. HOWARD) When did TomorrowNow first

create the type of update that became known as critical support updates? A Q A Q A At the end of 2003, so the fall of 2003. Were you involved in that process? Yes. What was your involvement? I, I had to do all the work on my own,

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SHELLEY NELSON April 18, 2008 HIGHLY CONFIDENTIAL
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09:14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 09:15 15 16 17 18 19 20 21 22 23 24 25

generally.

It was for one client, and I had to do all

of it, so ... Q A Q A Q What client was that? Municipality of Anchorage. What product? It was for payroll and for accounts payable. So you did the first critical support update

at TomorrowNow? A Q A Well, we didn't call it that, but yes. What was it called at that time? Oh, I think it was called a client fix. It -It,

I don't know that we had a particular term for it.

it was not necessarily a, a, a business model that we had built up in advance. This customer came to us and

said we can't pay maintenance anymore, our budget doesn't allow us, can you help us, can you do this for us. So, you know, I don't know that we had a, a term to

call it at that point in time. Q What specific releases, in that first critical

support update, were you creating updates for? A If, if my memory s