Oracle Corporation et al v. SAP AG et al

Filing 828

Declaration of Tharan Gregory Lanier in Support of 827 Memorandum in Opposition, filed bySAP 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)(Related document(s) 827 ) (Froyd, Jane) (Filed on 9/9/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 828

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Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) DECLARATION OF THARAN GREGORY LANIER ISO DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION PURSUANT TO 17 U.S.C. § 410(c) THAT EVIDENTIARY PRESUMPTION APPLY TO SIX COPYRIGHT REGISTRATIONS Date: September 30, 2010 Time: 2:30 p.m. Courtroom: 3, 3rd Floor Judge: Hon. Phyllis J. Hamilton
DECLARATION OF THARAN GREGORY LANIER ISO DEFS.' OPP. TO PLS.' MOT. PURSUANT TO 17 U.S.C. § 410(c) Case No. 07-CV-1658 PJH (EDL)

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Dockets.Justia.com

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I, THARAN GREGORY LANIER, declare as follows: I am a partner in the law firm of Jones Day, 1755 Embarcadero Road, Palo Alto, California 94303, and counsel of record for Defendants SAP AG, SAP America, Inc. (together, "SAP"), and TomorrowNow, Inc. ("TN") (collectively, "Defendants") in the above-captioned matter. I am a member in good standing of the state bar of California and admitted to practice before this Court. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 1. Attached as Exhibit 1 is a true and correct copy of the following excerpts from the

October 9, 2008 Todd Adler Deposition: 1, 6:15-7:17, 31:8-25, 32:8-33:12, 97:12-99:14, 101:16103:12, 108:23-114:13, 168:22-172:20, 175:5-10, 177:1-9, 186:1-187:25. 2. Attached as Exhibit 2 is a true and correct copy of Defendants' First Notice of

Deposition of Plaintiff Oracle International Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6), marked as Defendants' Deposition Exhibit 114 in this case. 3. Attached as Exhibit 3 is a true and correct copy of a Certificate of Registration for

TX 6-541-029, "Initial release of JD Edwards World A7.3," produced by Plaintiffs in this case at ORCL00008889-90. 4. Attached as Exhibit 4 is a true and correct copy of a Certificate of Registration for

TX 6-541-047, "Initial release of JD Edwards World A8.1," produced by Plaintiffs in this case at ORCL00009097-98. 5. Attached as Exhibit 5 is a true and correct copy of a Certificate of Registration for

TX 6-541-033, "Initial release of JD Edwards EnterpriseOne Xe," produced by Plaintiffs in this case at ORCL00007776-77. 6. Attached as Exhibit 6 is a true and correct copy of a Certificate of Registration for

TX 6-541-989, "Siebel 6.3 Initial Release and Documentation," produced by Plaintiffs in this case at ORCL00726659-61. 7. Attached as Exhibit 7 is a true and correct copy of a Certificate of Registration for

TX 6-541-988, "Siebel 7.0.5 Initial Release and Documentation," produced by Plaintiffs in this case at ORCL00726662-64.
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DECLARATION OF THARAN GREGORY LANIER ISO DEFS.' OPP. TO PLS.' MOT. PURSUANT TO 17 U.S.C. § 410(c) Case No. 07-CV-1658 PJH (EDL)

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8.

Attached as Exhibit 8 is a true and correct copy of a Certificate of Registration for

TX 6-541-990, "Siebel 7.5.2 Initial Release and Documentation," produced by Plaintiffs in this case at ORCL00726665-67. 9. Attached as Exhibit 9 is a true and correct copy of AAA Flag & Banner Mfg., Co.

v. Flynn Signs and Graphics, Inc., No. CV09-02053 ODW (VKBx), 2010 WL 1752177 (C.D. Cal. Apr. 28, 2010). 10. Attached as Exhibit 10 is a true and correct copy of Asset Mktg. Sys. Ins. Servs.,

LLC v. McLaughlin, No. 06cv1176 JM(MCc), 2007 WL 2406894 (S.D. Cal. Aug. 20, 2007). 11. Attached as Exhibit 11 is a true and correct copy of Gallup, Inc. v. Talentpoint,

Inc., No. CIV.A. 00-5523, 2001 WL 1450592 (E.D. Pa. Nov. 13, 2001). 12. Attached as Exhibit 12 is a true and correct copy of Johnson v. Tuff N Rumble

Mgmt., Inc., No. Civ.A. 99-1374, 2000 WL 622612 (E.D. La. May 15, 2000). 13. Attached as Exhibit 13 is a true and correct copy of Shea v. Fantasy Inc., No. C

02-02644 RS, 2003 WL 881006 (N.D. Cal. Feb. 27, 2003). 14. Attached as Exhibit 14 is a true and correct copy of Tuff `N' Rumble Mgmt., Inc. v.

Profile Records, Inc., No. 95 Civ. 0246 (SHS), 1997 WL 158364 (S.D.N.Y. Apr. 2, 1997). 15. at 156-57. 16. Attached as Exhibit 16 is a true and correct copy of 5 Patry on Copyright § 17:109 Attached as Exhibit 15 is a true and correct copy of H.R. Rep. No. 94-1476 (1976)

(2010) at 17-300. 17. Circular 61. I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed this 9th day of September, 2010 in Palo Alto, California. /s/ Tharan Gregory Lanier Tharan Gregory Lanier Attached as Exhibit 17 is a true and correct copy of U.S. Copyright Office

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DECLARATION OF THARAN GREGORY LANIER ISO DEFS.' OPP. TO PLS.' MOT. PURSUANT TO 17 U.S.C. § 410(c) Case No. 07-CV-1658 PJH