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. 27

EXHIBIT 27

Dockets.Justia.com

JOHN RITCHIE December 2, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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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 RITCHIE DECEMBER 2, 2009 ORAL VIDEOTAPED DEPOSITION OF JOHN RITCHIE, produced as a witness at the instance of the Plaintiffs and duly sworn, was taken in the above-styled and numbered cause on the 2nd day of December, 2009, from 9:52 a.m. to 3:30 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. 1603-93483

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Q.

How many -- do you know anything about the actual

operation and structure of the website that Titan would access? A. Q. A. Q. Yes. How many computers was it based on? How many computers? How many servers?

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A. Q. A. Q. A. Q. A. Q. A. Q. A.

Don't know. How many servers were JDE? How many servers for JDE? Yeah, had JDE stuff on them. I don't know. How many had PeopleSoft? Don't know. How many had Siebel? Don't know. Do you know how many in total? No.

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Q.

And you don't have any idea how many computers the

Oracle website is actually based on, right? A. That's actually immaterial; but if you want to ask me

that question, I'll say I don't know. Q. How many connections to the Oracle website are

available at any given time? A. it. Q. Did you ever do that testing? At any given time? I don't know. I'd have to test

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A. Q. A.

Yes. How did you test it? Like I said, I tested manually. Then I tested while

Titan was running. Q. And you tested while Titan was running to determine

when Titan started to return error messages, right? A. Q. Right. And there is no single document we looked at today

that in any way, shape or form says that the error messages came because of overloaded the website, right? Every document

says some error message or error message for some reason, right? A. Well, you have not shown me any of my log files. The

log files do show that. Q. A. Q. A. Q. A. Q. The log files show a 404 message, right? Actually, they show a broken connection. A broken connection? Yes. Does it say why the connection broke? Yes. What precisely would it say to prove that it was a

break caused by overload of the Oracle website? A. breaks. Q. It just breaks. Break because a mouse chews through Oh, it would not break because of overload. It just

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a cable, maybe? A. Maybe or maybe because you're accessing too much

information at once. Q. Or it breaks because there's a storm or there's a

sunspot and sometimes things don't work so well, right? A. Yeah, or because they're running Windows and we all

know Windows has problems. Q. A. There you go. So --

But if you want to -- I see where you're getting at, You want to know how can I determine

if I can cut you off.

whether or not we were impacting Oracle servers without knowing how many servers they have. I know that because I

cannot access their website reliably while Titan is running. If you run multiple instances, you have even harder times logging on to their website, if at all. Q. And you can't rule out, can you, that the reason for

that problem was something other than the number of Oracle's connections or burdens in Oracle's website? A. I can't rule out any other reasons, but I would say

highly unlikely there would be sunspots or a mouse chewing through the cable. A very high percentage would be the fact

that the servers are being overloaded and -Q. A. site. When Oracle -- I'm sorry. -- basically bringing out errors that are within the

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Q.

So, if for any reason Titan becomes disconnected,

there's a range of possible reasons, correct? A. Q. Yes. Okay. And the functionality you talked about

allowing it to reconnect is designed to cover a range of possible causes of disconnection, correct? A. Q. Correct. And you don't -- you -- there is no one and only one

reason why Titan might become disconnected? A. No.

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I declare under penalty of perjury that the foregoing is true and correct.

_____________________________ JOHN RITCHIE

SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, by the witness, JOHN RITCHIE, on this the _____ day of ______________________, _______.

_______________________________ NOTARY PUBLIC IN AND FOR THE STATE OF __________________

My Commission Expires: __________

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STATE OF TEXAS COUNTY OF HARRIS REPORTER'S C E R T I F I C A T E 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 that t h i s deposition t r a n s c r i p t 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 i s taken and,

relative or employee of any counsel employed by the