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 Att. 3

EXHIBIT C

Dockets.Justia.com

DANIEL LEVY, PH.D. April 30, 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, ) ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) No. 07-CV-1658 (PJH) ) 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 DANIEL LEVY, PH.D. _________________________________ FRIDAY, APRIL 30, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

REPORTED BY:

HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-427360)

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DANIEL LEVY, PH.D. April 30, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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09:59:38

25

So is it fair to say that you were

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DANIEL LEVY, PH.D. April 30, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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09:59:41 09:59:43 09:59:47 09:59:51 09:59:55 09:59:55 09:59:57 09:59:59 10:00:01 10:00:04 10:00:09 10:00:11 10:00:12 10:00:16 10:00:18 10:00:28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

attempting to to design a statistically valid sample of TomorrowNow's PeopleSoft HRMS payroll tax and regulatory updates or fixes? A. again? Q. A. Q. And regulatory updates or fixes. Yes. And that you were selecting a sample of Payroll tax -- give me the last four words

fixes from both the critical support fix population and the retrofit population. A. Q. Right?

A population from both of those, yes. And you were attempting to correctly

formulate statistics to calculate and report. Right? A. Yes. That -- yes, that's correct. But at

that -- I believe I did that.

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DANIEL LEVY, PH.D. April 30, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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15:19:39 15:19:42 15:19:44 15:19:47

22 23 24 25

Is it fair to say that the percentages derived from the selected samples are estimates based on a sample which has sampling error in your report?

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DANIEL LEVY, PH.D. April 30, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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15:19:49 1

A.

That's correct.

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