Oracle Corporation et al v. SAP AG et al

Filing 832

Declaration of Tharan Gregory Lanier in Support of 831 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)(Related document(s) 831 ) (Froyd, Jane) (Filed on 9/9/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 832

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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. 4: TO EXCLUDE EXPERT TESTIMONY OF DONALD REIFER Date: September 30, 2010 Time: 2:30 p.m. Courtroom: 3, 3rd Floor Judge: Hon. Phyllis J. Hamilton
SVI-84540v1 DECLARATION OF THARAN GREGORY LANIER ISO DEFS.' OPP. TO PLS.' MOT. NO. 4 TO EXCLUDE DONALD REIFER Case No. 07-CV-1658 PJH (EDL)

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 Defendants' Initial Expert

Disclosures, dated January 22, 2010. 2. Attached as Exhibit 2 is a true and correct copy of Plaintiffs' Supplemental Expert

Disclosures, dated October 16, 2009. 3. Attached as Exhibit 3 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: pp. 7-10, 15-17, 24, 34, 39-43. 4. Attached as Exhibit 4 is a true and correct copy of the following excerpts from the

Expert Report of Donald Reifer, dated March 26, 2010, which was produced by Defendants in this case: pp. 6-8, 14, 17-20, 22, 32, 33, 96. 5. Attached as Exhibit 5 is a true and correct copy of a document titled "Parse Rules

for C & H Files," which was produced by Plaintiffs in this case at ORCLX-PIN-000066. 6. Attached as Exhibit 6 is a true and correct copy of a document titled "Parse Rules

for JAVA Files," which was produced by Plaintiffs in this case at ORCLX-PIN-000076. 7. Attached as Exhibit 7 is a true and correct copy of the following excerpts from the

May 19, 2010 Paul C. Pinto Deposition: 40:20-42:4, 46:11-17, 198:21-199:10. 8. Attached as Exhibit 8 is a true and correct copy of a February 24, 2010 e-mail

from Amy Donnelly to Jeffrey Butler. 9. Attached as Exhibit 9 is a true and correct copy of the following excerpts from the

June 18, 2010 Donald Reifer Deposition: 127:9-128:12, 130:18-24, 138:11-139:1, 150:1-24, 158:2-8, 321:17-20, 321:23-322:5.
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DECLARATION OF THARAN GREGORY LANIER ISO DEFS.' OPP. TO PLS.' MOT. NO. 4 TO EXCLUDE DONALD REIFER Case No. 07-CV-1658 PJH (EDL)

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10.

Attached as Exhibit 10 is a true and correct copy of Coleman Constr., Inc. v.

Diamond State Ins. Co., No. CV 05-148-M-JCL, 2008 WL 2357358 (D. Mont. June 5, 2008). 11. Attached as Exhibit 11 is a true and correct copy of In re Katz Interactive Call

Processing Patent Litig., No. 07-ML-01816-B-RGK (FFMx), 2009 WL 3698470 (C.D. Cal. Mar. 11, 2009). 12. Attached as Exhibit 12 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). 13. Attached as Exhibit 13 is a true and correct copy of Redfoot v. B. F. Ascher & Co.,

No. C 05-2045 PJH, 2007 WL 1593239 (N.D. Cal. June 1, 2007). 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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DECLARATION OF THARAN GREGORY LANIER ISO DEFS.' OPP. TO PLS.' MOT. NO. 4 TO EXCLUDE DONALD REIFER Case No. 07-CV-1658 PJH (EDL)