Oracle Corporation et al v. SAP AG et al

Filing 830

Declaration of Tharan Gregory Lanier in Support of 829 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, # 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)(Related document(s) 829 ) (Froyd, Jane) (Filed on 9/9/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 830

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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 IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION NO. 3 TO EXCLUDE EXPERT TESTIMONY OF DAVID GARMUS Date: September 30, 2010 Time: 2:30 p.m. Courtroom: 3, 3rd Floor Judge: Hon. Phyllis J. Hamilton
DECL. OF LANIER ISO DEFS.' OPP. TO PLS.' MOT. NO. 3 TO EXCLUDE EXPERT TEST. OF DAVID GARMUS 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 Plaintiffs' Supplemental Initial

Expert Disclosures, dated October 16, 2009. 2. Attached as Exhibit 2 is a true and correct copy of the following excerpts from the

Expert Report of Paul C. Pinto, dated November 16, 2009, which was produced by Plaintiffs in this case: cover page, 7-11, 14-17. 3. Attached as Exhibit 3 is a true and correct copy of the Expert Rebuttal Report of

David P. Garmus, dated March 26, 2010, which was produced by Defendants in this case. 4. Attached as Exhibit 4 is a true and correct copy of the following excerpts from

The Function Point Counting Practices Manual, Release 4.2, which was produced by Plaintiffs in this case at ORCLX-PIN-000007: cover page, title page, copyright page, Documentation Team page, 2-5. 5. Attached as Exhibit 5 is a true and correct copy of the following excerpts from the

May 19, 2010 Paul C. Pinto Deposition: 1, 42:5-43:5, 69:11-24, 103:6-21, 119:8-24, 212:12-17, 221:17-222:2. 6. Attached as Exhibit 6 is a true and correct copy of an e-mail chain between Chris

Decker and Paul Pinto re: IFPUG Membership, which was produced by Plaintiffs in this case at ORCLX-PIN-000111. 7. Attached as Exhibit 7 is a true and correct copy of the following excerpts from the

June 2, 2010 David Garmus Deposition: 1, 31:24-32:5, 43:20-44:2, 51:13-53:10, 116:6-117:8.

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DECL. OF LANIER ISO DEFS.' OPP. TO PLS.' MOT. NO. 3 TO EXCLUDE EXPERT TEST. OF DAVID GARMUS Case No. 07-CV-1658 PJH (EDL)

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8.

Attached as Exhibit 8 is a true and correct copy of Appendix A to the Expert

Rebuttal Report of David P. Garmus, dated March 26, 2010, which was produced by Defendants in this case. 9. Attached as Exhibit 9 is a true and correct copy of the following excerpts from

Appendix L to the Expert Report of Stephen K. Clarke, dated March 26, 2010, which was produced by Defendants in this case: Columns A-J. 10. Attached as Exhibit 10 is a true and correct copy of an export from

TomorrowNow, Inc.'s SAS Database that includes operational data for PeopleSoft customers, which was produced by Defendants in this case at TN-OR06515453. 11. Attached as Exhibit 11 is a true and correct copy of an export from

TomorrowNow, Inc.'s SAS Database that includes operational data for J.D. EnterpriseOne customers, which was produced by Defendants in this case at TN-OR06515454. 12. Attached as Exhibit 12 is a true and correct copy of the following excerpts from

the December 6, 2007 Shelley Nelson Deposition: 1, 82:22-83:6. 13. Attached as Exhibit 13 is a true and correct copy of the following excerpts from

Defendant TomorrowNow, Inc.'s Eighth Amended and Supplemental Response to Plaintiff Oracle Corporation's First Set of Interrogatories (Set One), dated December 4, 2009: cover, 11-20. 14. Attached as Exhibit 14 is a true and correct copy of the following excerpts from

spreadsheets purporting to show Paul Pinto's surrebuttal analysis of Defendants' experts David Garmus and Donald Reifer's opinions, marked as Defendants' Deposition Exhibit 2052, and produced by Plaintiffs ORCLX-PIN-000108: 1, 3. 15. Attached as Exhibit 15 is a true and correct copy of Plaintiffs' Fifth Amended

And Seventh Supplemental Responses and Objections to Defendant TomorrowNow, Inc.'s Interrogatory No. 13 [Corrected], dated May 17, 2010. 16. Attached as Exhibit 16 is a true and correct copy of the following excerpts from

the Expert Report of Stephen K. Clarke, dated May 7, 2010: cover page, 58, 216-17, 224, 248, 294. 17.
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Attached as Exhibit 17 is a true and correct copy of Burnham v. United States, No. -2DECL. OF LANIER ISO DEFS.' OPP. TO PLS.' MOT. NO. 3 TO EXCLUDE EXPERT TEST. OF DAVID GARMUS Case No. 07-CV-1658 PJH (EDL)

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CV-07-8017-PHX-DGC, 2009 WL 2169191 (D. Ariz. July 20, 2009). 18. Attached as Exhibit 18 is a true and correct copy of Callaway Golf Co. v. Screen

Actors Guild, Inc., No. 07CV0373-LAB (WMc), 2009 WL 5125603 (S.D. Cal. Dec. 18, 2009). 19. Attached as Exhibit 19 is a true and correct copy of Garcia v. Union Labor Life

Ins. Co., No. CV 04-0721-WJR (RNBx), 2004 WL 5644436 (C.D. Cal. Nov. 24, 2004). 20. Attached as Exhibit 20 is a true and correct copy of Humphreys v. Regents of the

Univ. of Cal., No. C 04-03808 SI, 2006 U.S. Dist. LEXIS 47822 (N.D. Cal. July 6, 2006). 21. Attached as Exhibit 21 is a true and correct copy of IBM Corp. v. Fasco Indus.,

Inc., No. C-93-20326 RPA, 1995 WL 115421 (N.D. Cal. Mar. 15, 1995). 22. Attached as Exhibit 22 is a true and correct copy of Kilgore v. Carson Pirie

Holdings, Inc., 205 Fed. App'x. 367, 371-72 (6th Cir. 2006). 23. Attached as Exhibit 23 is a true and correct copy of MMI Realty Servs., Inc. v.

Westchester Surplus Lines Ins. Co., No. 07-00466 BMK, 2009 WL 649894 (D. Haw. Mar. 10, 2009). 24. Attached as Exhibit 24 is a true and correct copy of QR Spex, Inc. v. Motorola,

Inc., No. CV 03-6284-JFW (FMOx), 2004 WL 5642907 (C.D. Cal. Oct. 28, 2004). 25. Attached as Exhibit 25 is a true and correct copy of Regents of the Univ. of Cal. v.

Monsanto Co., No. C 04-0634 PJH, 2006 WL 5359055 (N.D. Cal. Feb. 7, 2006). 26. Attached as Exhibit 26 is a true and correct copy of Walton v.

Bridgestone/Firestone, Inc., No. CV-05-3027-PHX-ROS, 2009 U.S. Dist. LEXIS 85014, at *33 (D. Ariz. Jan. 16, 2009) 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

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DECL. OF LANIER ISO DEFS.' OPP. TO PLS.' MOT. NO. 3 TO EXCLUDE EXPERT TEST. OF DAVID GARMUS Case No. 07-CV-1658 PJH (EDL)