Oracle Corporation et al v. SAP AG et al

Filing 839

Declaration of Scott W. Cowan in Support of 838 Objection 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)(Related document(s) 838 ) (Froyd, Jane) (Filed on 9/9/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 839 Att. 1

EXHIBIT A

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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18 19 20

Q.

And you're not offering any opinions about Correct? I'm not.

economics damages here. A. That's correct.

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DANIEL LEVY, PH.D. April 30, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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Q.

Not a problem. 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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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. Q. And in fact, on page 7, you say that

you've been retained by counsel for Plaintiffs in the matter -MR. PICKETT: Are you going to mark

what -- or at least describe on the record what you're referring to when you say page 7? MR. WILKES: Sure. I'll describe it.

It's the expert report of Daniel Levy dated -- it's the February 12th, 2010 report. And

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DANIEL LEVY, PH.D. April 30, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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it's page 7. Assignment." Q.

It's underneath "Introduction and

And I see you have a copy of your expert Is that correct?

report in front of you? A. Q. That's correct.

And the first sentence on that page says: Is

I have been retained by counsel for Plaintiffs. that correct? A. Q. Yes. Is that how it starts? It does.

And it says: ... to design a statistically valid

sample of SAP TN's PeopleSoft HRMS payroll tax and regulatory Updates that can be used to scientifically estimate the number of Fixes delivered to customers by SAP TN that infringe Oracle copyrights or otherwise resulted from impermissible cross-use of Oracle software. Do you recall writing that? A. Q. Yes. And it was your understanding that you

were getting information related to PeopleSoft HRMS payroll tax and regulatory updates. A. Q. Yes. Right?

Or a subsample of that, yes.

And your opinions only relate to

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DANIEL LEVY, PH.D. April 30, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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PeopleSoft HRMS payroll product line and module. Right? A. They relate to the population of fixes

that the analysis was done on, as described there. Q. A. And that's PeopleSoft HRMS payroll? That's my understanding, yes.

TEXT REMOVED - NOT RELEVANT TO MOTION

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