Oracle Corporation et al v. SAP AG et al

Filing 836

Declaration of Scott W. Cowan in Support of 835 Memorandum in Opposition, filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Related document(s) 835 ) (Froyd, Jane) (Filed on 9/9/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 836

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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 SCOTT W. COWAN IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION NO. 6: TO EXCLUDE EXPERT TESTIMONY OF BRUCE SPENCER Date: September 30, 2010 Time: 2:30 p.m. Courtroom: 3, 3rd Floor Judge: Hon. Phyllis J. Hamilton
DECL. OF SCOTT W. COWAN ISO DEFS.' OPP. TO PLS.' MOT. NO. 6 TO EXCLUDE EXPERT TEST. OF BRUCE SPENCER Case No. 07-CV-1658 PJH (EDL)

HUI-131182v1

Dockets.Justia.com

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I, Scott W. Cowan, declare as follows: (1) I am a partner in the law firm of Jones Day, 717 Texas, Suite 3300, Houston,

Texas 77002, and counsel of record for Defendants SAP AG, SAP America, Inc. (together, "SAP"), and TomorrowNow, Inc. ("TN") (collectively, "Defendants") in the above-captioned action. I am a member in good standing of the State Bar of Texas, all federal district courts in Texas, and the United States Courts of Appeal for the Third, Fourth, Fifth, Ninth, and Eleventh Circuits. I am also admitted pro hac vice in this matter. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. (2) Attached as Exhibit A are true and correct copies of the following excerpts from

the June 4, 2010 Dr. Bruce Spencer Deposition: 92:15-20, 95:6-24, 97:8-22, 99:11-17, 116:2-20, 121:1-21, 123:16-20, 152:18-153:9, 199:2-202:5, 211:11-214:3, 214:19-215:16, 223:9-224:11. (3) Attached as Exhibit B is a true and correct copy of the Expert Report of Bruce

Spencer, which was served by Defendants in this case on March 26, 2010. (4) Attached as Exhibit C are true and correct copies of the following excerpts from

the April 30, 2010 Daniel Levy Deposition: 40:25-41:16, 184: 22-185:1. (5) Attached as Exhibit D is a true and correct copy of the February 12, 2010 Expert

Report of Daniel Levy and corresponding cover letter, which was served by Plaintiffs in this case. (6) Attached as Exhibit E is a true and correct copy of the following excerpt from The

Oxford Dictionary of Statistical Terms Dictionary (Yadolah Dodge ed., Oxford University Press 2003): 376. (7) Attached as Exhibit F are true and correct copies of the following excerpts from

William G. Cochran, Sampling Techniques (Wiley 3rd ed. 1977): 12, 30, 99. (8) Attached as Exhibit G is a true and correct copy of the following excerpt from

Carl-Erick Sarndal et al., Model Assisted Survey Sampling (Springer 1992): 73. (9) Attached as Exhibit H is a true and correct copy of a letter sent from Plaintiffs'

counsel, Joy Sherrod, on April 28, 2010. (10) Attached as Exhibit I is a true and correct copy of B.D. McCullogh, Microsoft

Excel's `Not The Wichmann­Hill' random number generators, 52 Computational Statistics and
HUI-131182v1

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DECL. OF SCOTT W. COWAN ISO DEFS.' OPP. TO PLS.' MOT. NO. 6 TO EXCLUDE EXPERT TEST. OF BRUCE SPENCER Case No. 07-CV-1658 PJH (EDL)

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Data Analysis 4587 (2008). (11) Attached as Exhibit J is a true and correct copy of B.D. McCullogh and David

Heiser, On the accuracy of statistical procedures in Microsoft Excel 2007, 52 Computational Statistics and Data Analysis 4570 (2008). (12) Attached as Exhibit K is a true and correct copy of B.D. McCullogh and Barry

Wilson, On the accuracy of statistical procedures in Microsoft Excel 2003, 49 Computational Statistics and Data Analysis 1244 (2005). (13) Attached as Exhibit L is a true and correct copy of Stephen Fienberg,

Randomization and Social Affairs: The 1970 Draft Lottery, 171 Science 255 (January 1971). (14) Attached as Exhibit M is a true and correct copy of Joan Rosenblatt and James

Filliben, Randomization and the Draft Lottery, 171 Science 306 (January 1971). (15) Attached as Exhibit N is a true and correct copy of the following excerpt from Paul

S. Levy and Stanley Lemeshow, Sampling of Populations, Fourth Edition (Wiley & Sons, 2008): 35. (16) Attached as Exhibit O is a true and correct copy of the following excerpt from

George Snedecor and William Cochran, Statistical Methods (The Iowa State University Press 1967): 60. (17) Attached as Exhibit P are true and correct copies of the cover and signature pages

of the May 27, 2010 Walter Vandaele Deposition. (18) Attached as Exhibit Q is a true and correct copy of United Nat'l Maint., Inc. v. San

Diego Convention, No. 07-CV-2172, 2010 U.S. Dist. LEXIS 79541 (S.D. Cal. Aug. 3, 2010). 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 Houston, Texas. /s/ Scott W. Cowan Scott W. Cowan

HUI-131182v1

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DECL. OF SCOTT W. COWAN ISO DEFS.' OPP. TO PLS.' MOT. NO. 6 TO EXCLUDE EXPERT TEST. OF BRUCE SPENCER Case No. 07-CV-1658 PJH (EDL)