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 Att. 7

EXHIBIT 7

Dockets.Justia.com

DAVID GARMUS June 4, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 1
UNITED STATES DISTRICT COURT 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, vs. Plaintiffs, No. 07-CV-01658-PJH (EDL)

SAP AG, a German Corporation, SAP AMERICA, INC., a Delaware Corporation, TOMORROWNOW, INC., a Texas Corporation, and DOES 1-50, Inclusive, Defendants. ______________________________/

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DEPOSITION OF DAVID GARMUS June 4, 2010

Reported by: Natalie Y. Botelho CSR No. 9897

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09:35:32

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Q.

How long did it take you to perform your

count function points for the Accounts Payable

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module of JD Edwards EnterpriseOne 8.0? A. Q. Approximately two days. Would it take someone with less experience

more time than it took you? A. I would think so.

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MR. ALINDER:

Q.

How many function points

did you count for the user manual for Global Payroll for U.S. HRMS 8.9? A. I counted unadjusted function points of

1236 and adjusted function points of 1458. Q. And how long did it take you to perform

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the count for the Global Payroll manual? A. It was approximately two days.

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13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

Okay.

Let's just say, then, that there

are 1,000 function points rather than 1300, for the sake of estimation. Can you tell me how many

function points, then, would be estimated to be within the 360 modules? MR. BUTLER: Objection to the form,

incomplete hypothetical, lack of foundation. THE WITNESS: Well, first of all, if

you're asking me to perform a mathematical exercise, I'd be glad to do that, but I don't believe the average size of the applications in any of those suites is 1,000. I think it's far less. Q. You've done no analysis

MR. ALINDER:

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to make sure that that's true, correct? A. I have in the past analyzed many of the

PeopleSoft applications, many of the Siebel applications, many of the JD Edwards applications in the past. Q. right? A. Q. That's correct. And the two modules that you came up with, In this case you analyzed two of them,

the average is approximately 1300, correct? A. Q. That's correct. Okay. And if you reduce that to just

1,000, if you wanted to apply that for all the modules, can you tell me how many function points there would be? A. That would be a mathematical exercise It's

that, you know, I don't agree with anyway.

like taking two people and asking what their debt is and then applying that -- their average debt to everybody else's debt. You know, it's not -- it's a

number that has no meaning, particularly from my experience, when I know that the average size of applications is not 1,000 function points. Q. That's your belief based on some prior

experience?

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A. Q. then. A. Q.

Significant experience, right. Just stick with me on the hypothetical, Okay? Sure. Now, if you were to have an average of

1,000 for those 360 modules -A. Q. Yes. -- and you were able to count 100 function

points per day, can you tell me how many days that would take?

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Q.

You weren't hired to develop an opinion

about what modules TomorrowNow used in performing its maintenance activities? MR. BUTLER: and ambiguous. THE WITNESS: specifically for that. MR. ALINDER: part of your report? A. I guess perhaps midway through my report, Q. When did that become No, I was not hired Objection to the form, vague

when I saw that he was alleging, and I know from the fact of having clients that use the software, that for the most part that a use of few modules or a few applications, not the entire suite, that it didn't appear practical that you would evaluate an entire suite of products, even large customers like General Motors. Q. So you assume that TomorrowNow's use of

the software was similar to customers that you had looked at in the past; is that correct?

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MR. BUTLER:

Objection to the form,

outside the scope of Mr. Garmus's expert testimony, vague and ambiguous. THE WITNESS: I assume that TomorrowNow

was supporting a particular customer base and they didn't have need for software or documentation for applications for which they were not providing support.

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