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. 26

EXHIBIT 26

Dockets.Justia.com

SETH ADAM RAVIN May 21, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION --oOo-ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) No. 07-CV-1658 (PJH) ) SAP AG, a German corporation, ) SAP AMERICA, INC., a Delaware ) corporation, TOMORROWNOW, ) INC., a Texas corporation, and) DOES 1-50, inclusive ) ) Defendants. ) _____________________________ )

DEPOSITION OF SETH ADAM RAVIN __________________________________ Thursday, May 21, 2009 Volume 1 (Pages 1 - 275) HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY REPORTED BY: COREY W. ANDERSON, CSR 4096 (419096)

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SETH ADAM RAVIN May 21, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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TEXT REMOVED - NOT RELEVANT TO MOTION

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Q.

Now, at some point you joined with

TomorrowNow. Is that right?

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SETH ADAM RAVIN May 21, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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08:20:28 08:20:29 08:20:31 08:20:37 08:20:40 08:20:44 08:20:51 08:20:54 08:20:55 08:20:58 08:21:05 08:21:10 08:21:13 08:21:14 08:21:15 08:21:15 08:21:20 08:21:21 08:21:22 08:21:27 08:21:30 08:21:35 08:21:37 08:21:39 08:21:41 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.

That is correct. Generally describe the circumstances that

lead to your joining up with TomorrowNow. A. In March of 2002 I decided to buy half of

TomorrowNow and re-launch the company as a third party support provider. Q. company? A. It was in exchange for the ideas and for Did you pay consideration for half of the

working in the company. Q. So if I understand you, the -- there was a

change in TomorrowNow's business model in early 2002. Is that right? A. Q. A. Q. That is correct. And that business model was your idea? That is correct. All right. And what was that business

model as it became in early 2002? A. Was to offer a third party alternative

maintenance product to PeopleSoft customers on older releases. Q. All right. And did that resemble the

retrofit program that you had developed at PeopleSoft?

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SETH ADAM RAVIN May 21, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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08:21:43 08:21:45 08:21:48 08:21:50 08:21:55 08:21:59 1 2 3 4 5 6

MR. JACOBSON: THE WITNESS: MR. HOWARD:

Object to the form. It had similarities. Q. Was it generally referred to

within TomorrowNow as the "retrofit model"? A. it, yes.
TEXT REMOVED - NOT RELEVANT TO MOTION

I think that would be a fair way to say

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SETH ADAM RAVIN May 21, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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I declare under penalty of perjury the foregoing is true and correct. Subscribed at

_________________________, California, this ____ day of ____________ 2009. ________________________________ SETH ADAM RAVIN

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1

C E R T I F I C A T E OF REPORTER I , COREY ANDERSON, a C e r t i f i e d S h o r t h a n d Reporter, hereby certify that the witness in the f o r e g o i n g d e p o s i t i o n w a s b y me d u l y s w o r n t o t e l l t h e truth, the wpole truth, and nothing but the truth in the

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within-entitled cause; That s a i d d e p o s i t i o n was taken down i n shorthand by me, a d i s i n t e r e s t e d person, a t the time and place therein stated, and that the testimony of the said witness was t h e r e a f t e r reduced to typewriting, by c o m p u t e r , u n d e r my d i r e c t i o n a n d s u p e r v i s i o n ; That before completion of the deposition, review of the transcript

['XJ

was [ ] was not requested.

I f requested, any changes made by the deponent (and provided to the reporter) during the period allowed are appended hereto. I f u r t h e r c e r t i f y t h a t I am n o t o f c o u n s e l o r attorney for either or any of the parties to the said d e p o s i t i o n , nor i n any way i n t e r e s t e d i n the event of t h i s c a u s e , a n d t h a t I am n o t r e l a t e d t o a n y o f t h e parties thereto. DATED:

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