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 Att. 7

EXHIBIT 7

Dockets.Justia.com

PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION --O0o-ORACLE CORPORATION, a Delaware Corporation; ORACLE, USA, INC., a Colorado Corporation, and ORACLE INTERNATIONAL CORPORATION, a California Corporation, Plaintiffs, Vs. 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. _____________________________/

VIDEOTAPED DEPOSITION OF PAUL PINTO ___________________________ Wednesday, May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Reported By: Job 427372 WENDY E. ARLEN, CSR #4355, CRR, RMR

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PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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Q.

Okay.

So you engaged these -- you engaged

NIIT or those six people? A. Q. A. I engaged NIIT. And what did you provide to them? So for the analysis work they did, I provided

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them with the ISO files.

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PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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Q. A.

Of the four suites. Correct. That's not true. Provided them

with the ISO files for two -Q. A. Q. A. Q. A. Q. A. Q. Two? -- of the four suites. Which two? JD Edwards EnterpriseOne. Okay. And PeopleSoft. And what else did you provide them? Guidance, management, daily discussions. And these people assisted you by conducting

what kind of -- did they assist you in your COCOMO analysis? A. Q. analysis? A. term. Q. Okay. Did they contribute somehow to your Too broad. Function point analysis is a big No. Did they assist you in your function point

function point analysis, your efforts to develop a function point sizing? A. Q. A. They contributed to the backfiring results. Okay. In what way?

They extracted the source code files from the

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PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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ISO files, which is a laborious task.

They sorted

them by the various types of source code, stratified them by the types of source code, counted the logical lines of source code and produced those counts.

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PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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Q.

And the hard drives were sent to you in a

disassembled form and you returned them to Bingham. A. The original external hard drives that I The hard

provided to NIIT were returned to me.

drives, the physical hard drives that existed on the machines at NIIT were disassembled and the hard drives were destroyed.

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PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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Q.

Why didn't NIIT use industry standard

counting utilities? MS. HOUSE: not in evidence. THE WITNESS: I'll answer it. We looked at a Objection, vague, assumes facts

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number of counting utilities that were available in the market and there wasn't a unified utility that could count all of the code bases in question, the trickiest one being PeopleCode because it's a proprietary language. So as opposed to going with a mixed bag of off-the-self utilities and one or two custom ones, it was decided it was better to use the utilities NIIT had in-house that were proven over the last seven years, myself included, to work appropriately.

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