Oracle Corporation et al v. SAP AG et al

Filing 844

Declaration of Zachary J. Alinder in Support of 843 Memorandum in Opposition, to Defendants' Motion to Exclude Testimony of Paul Pinto filed byOracle International Corporation, Oracle USA Inc., Siebel Systems, 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)(Related document(s) 843 ) (Alinder, Zachary) (Filed on 9/9/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 844

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

BINGHAM MCCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) ZACHARY J. ALINDER (SBN 209009) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: 415.393.2286 [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) 333 Main Street Armonk, NY 10504 Telephone: [phone] [e-mail] STEVEN C. HOLTZMAN (SBN 144177) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] [e-mail] DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: 650.506.7114 [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., et al. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., No. 07-CV-01658 PJH (EDL) DECLARATION OF ZACHARY J. Plaintiffs, ALINDER IN SUPPORT OF v. OPPOSITION TO DEFENDANTS' MOTION TO EXCLUDE SAP AG, et al, TESTIMONY OF PAUL PINTO Defendants. Date: September 30, 2010 Time: 2:30 p.m. Place: Courtroom 3 Judge: Hon. Phyllis J. Hamilton
Case No. 07-CV-01658 PJH (EDL)

ALINDER DECL. IN SUPPORT OF OPP. TO MOTION TO EXCLUDE TESTIMONY OF PAUL PINTO

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. Document

Exhibit Index

Paul Pinto Deposition and Exhibit 2059 Supplemental Expert Report of Paul Meyer Donald Reifer Deposition Expert Report of Donald Reifer Expert Report of Donald Reifer in the Evolution v. Sun Trust case Deposition of Donald Reifer in the Evolution v. Sun Trust case Expert Report of David Garmus David Garmus Deposition Expert Report of Stephen Clarke Exhibit 3205 to the Stephen Clarke Deposition ORCLX-PIN-000100 (Software Cost Estimation) ORCLX-PIN-000101 (Software Cost Estimation in 2002) ORCLX-PIN-000102 (Software sizing Estimation and Risk Management) ORCLX-PIN-000006 (The Forrester Wave: Enterprise CRM Suites, Q3 2008) David Herron Interview

1

Case No. 07-CV-01658 PJH (EDL)

ALINDER DECL. IN SUPPORT OF OPP. TO MOTION TO EXCLUDE TESTIMONY OF PAUL PINTO

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, Zachary J. Alinder, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am

a partner at Bingham McCutchen LLP, counsel of record for plaintiffs Oracle USA, Inc., Oracle International Corporation, and Siebel Systems, Inc. (collectively, "Oracle"). I have personal knowledge of the facts stated within this Declaration and could testify competently to them if required. Unless otherwise noted below, Oracle has provided all highlighting and/or circling in these Exhibits to further assist in identifying the information relevant to Oracle's Opposition to Defendants' Motion to Exclude Testimony of Paul Pinto. Pinto Deposition 2. Attached as Exhibit A is a true and correct copy of relevant excerpts from

the transcript of the May 19, 2010 Deposition of Paul C. Pinto, including a true and correct copy of Exhibit 2059 to this deposition. Non-relevant portions of the deposition transcript have been either excluded or redacted. Meyer Expert Report 3. Attached as Exhibit B is a true and correct copy of relevant excerpts from

the Supplemental Expert Report of Paul Meyer, served by Oracle on February 23, 2010. Nonrelevant portions of the Report have been either excluded or redacted. Reifer Expert Report and Deposition 4. Attached as Exhibit C is a true and correct copy of relevant excerpts from

the transcript of the June 18, 2010 Deposition of Donald Reifer. Non-relevant portions of the deposition transcript have been either excluded or redacted. 5. Attached as Exhibit D is a true and correct copy of relevant excerpts from

the Expert Rebuttal Report of Donald Reifer, served by Defendants on March 26, 2010. Nonrelevant portions of the Report have been either excluded or redacted. Evolution v. Sun Trust Case Materials 6. Attached as Exhibit E is a true and correct copy of the June 26, 2003

Expert Report of Donald Reifer in the Evolution v. Sun Trust case, (D. Kan. 2:01-cv-02409) as obtained from the electronic docket for the case, Dkt. 164-1. This document was also introduced 2
Case No. 07-CV-01658 PJH (EDL)

ALINDER DECL. IN SUPPORT OF OPP. TO MOTION TO EXCLUDE TESTIMONY OF PAUL PINTO

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

as Exhibit 3239 to the deposition of Donald Reifer. For ease of use and clarity, Oracle has also attached, before the report, a true and correct copy of relevant excerpts of the docket report in that case. 7. Attached as Exhibit F is a true and correct copy of relevant excerpts of the

September 25, 2003 Deposition of Donald Reifer in the Evolution v. Sun Trust case, (D. Kan. 2:01-cv-02409), as obtained from the electronic docket for the case, Dkt. 164-2. Garmus Expert Report and Deposition 8. Attached as Exhibit G is a true and correct copy of relevant excerpts from

the Expert Rebuttal Report of David P. Garmus, served by Defendants on March 26, 2010. Nonrelevant portions of the Report have been either excluded or redacted. 9. Attached as Exhibit H is a true and correct copy of relevant excerpts from

the transcript of the June 4, 2010 Deposition of David P. Garmus. Non-relevant portions of the deposition transcript have been either excluded or redacted. Clarke Expert Report and Deposition Exhibit 10. Attached as Exhibit I is a true and correct copy of relevant excerpts from

the Expert Report of Stephen Clarke, as supplemented on May 7, 2010. Non-relevant portions of the Report have been either excluded or redacted. 11. Attached as Exhibit J is a true and correct copy of Exhibit 3205 to the June

8, 2010 deposition of Stephen Clark. For ease of use and clarity, Oracle has included the cover page with the Exhibit stamp, but has replaced the remaining pages with a clean copy of the exhibit. Documents Produced with Pinto Report 12. Attached as Exhibit K is a true and correct copy of a document entitled

Software Cost Estimation, which was produced with the bates-number ORCLX-PIN-000100 as one of the supporting materials with Pinto's November 16, 2009 Report and is also available at http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.24.4489&rep=rep1&type=pdf. 13. Attached as Exhibit L is a true and correct copy of a document entitled

Software Cost Estimation in 2002, which was produced with the bates-number ORCLX-PIN3
Case No. 07-CV-01658 PJH (EDL)

ALINDER DECL. IN SUPPORT OF OPP. TO MOTION TO EXCLUDE TESTIMONY OF PAUL PINTO

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

000101 as one of the supporting materials with Pinto's November 16, 2009 Report and is available at http://www.stsc.hill.af.mil/crosstalk/2002/06/jones.html. 14. Attached as Exhibit M is a true and correct copy of excerpts of a book

entitled Software Sizing Estimation and Risk Management written by Daniel Galorath and Michael Evans and published by Auerbach Publications, which was produced with the batesnumber ORCLX-PIN-000102 as one of the supporting materials with Pinto's November 16, 2009 Report. 15. Attached as Exhibit N is a true and correct copy of a document entitled

The Forrester Wave: Enterprise CRM Suites, Q3 2008, which was produced as ORCLX-PIN000006 as one of the supporting materials with Pinto's November 16, 2009 Report and is available at http://www.microsoft.com/presspass/itanalyst/docs/08-29-08EnterpriseCRM.PDF. Interview with David Herron 16. Attached as Exhibit O is a true and correct copy of an interview with

David Herron, co-founder (along with David Garmus) of the David Consulting Group, available at http://www.compaid.com/caiinternet/ezine/davidherroninterview.pdf.

I declare under penalty of perjury under the laws of the United States that the foregoing facts are true and correct, and that this Declaration was executed on September 9, 2010, in San Francisco, CA. /s/ Zachary J. Alinder Zachary J. Alinder

4

Case No. 07-CV-01658 PJH (EDL)

ALINDER DECL. IN SUPPORT OF OPP. TO MOTION TO EXCLUDE TESTIMONY OF PAUL PINTO