Oracle Corporation et al v. SAP AG et al

Filing 847

Declaration of Nitin Jindal in Support of 846 Memorandum in Opposition to Defendants' Motion to Exclude Expert Testimony of Paul K. Meyer filed byOracle International Corporation, Oracle USA 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) 846 ) (Pickett, Donn) (Filed on 9/9/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 847

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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: [phone] [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 Case No. 07-CV-01658 PJH (EDL) ORACLE USA, INC., et al., v. Plaintiffs, DECLARATION OF NITIN JINDAL IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO EXCLUDE EXPERT TESTIMONY OF PAUL K. MEYER [REDACTED EXS. A AND E] Date: Time: Place: Judge: September 30, 2010 2:30 p.m. Courtroom 3, 3rd Floor Hon. Phyllis J. Hamilton
Case No. 07-CV-01658 PJH (EDL)

SAP AG, et al., Defendants.

DECLARATION OF NITIN JINDAL IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO EXCLUDE EXPERT TESTIMONY OF PAUL K. MEYER
Dockets.Justia.com

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I.

INDEX OF ATTACHED EXHIBITS Exhibit A B C D E F G H I J K L M N O Description Supplemental Expert Report of Paul K. Meyer, February 23, 2010 ("Meyer Report") Deposition of Paul K. Meyer, May 12-14, 2010 Attachments 1.SU and 2.SU to Meyer Report Defendants' Deposition Exhibit 2028 Defendants' Deposition Exhibit 2020 Plaintiffs' Deposition Exhibit 3204 Supplemental Expert Report of Stephen K. Clark, May 7, 2010 Deposition of Stephen K. Clarke, June 8-10, 2010 Deposition of Thomas Ziemen, September 30, 2008 Deposition of Gerhard Oswald, December 10, 2008 Plaintiffs' Deposition Exhibit 455 Defendants' Deposition Exhibit 2043 Plaintiffs' Deposition Exhibit 236 H.R. REP. NO. 94-1476, at 161 (1976) Gordon V. Smith and Russell L. Parr, Intellectual Property Valuation, Exploitation, and Infringement Damages (2005)

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

DECLARATION OF NITIN JINDAL IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO EXCLUDE EXPERT TESTIMONY OF PAUL K. MEYER

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I, Nitin Jindal, declare as follows: 1. I am an attorney licensed to practice law in the State of California and before

this Court, and an associate at Bingham McCutchen LLP, counsel of record for plaintiffs Oracle USA, Inc. (predecessor to Oracle America, Inc.), Oracle International Corporation, and Siebel Systems, Inc. (collectively, "Oracle" or "Plaintiffs"). I have personal knowledge of the facts stated below by virtue of my representation of Oracle in this action if called as a witness could competently testify as to them. I make this declaration in support of Oracle's Opposition to Defendants' Motion to Exclude Expert Testimony of Paul K. Meyer. 2. For ease of use and reference and to the extent possible without losing context,

for all exhibits attached to this Declaration, including deposition transcripts, only the relevant pages and information have been provided. Unless otherwise noted below for a particular document, we have provided all highlighting in these exhibits to further assist in identifying the information relevant to Oracle's Opposition. II. MEYER REPORT DOCUMENTS AND DEPOSITION 3. Attached as Exhibit A is a true and correct copy of relevant excerpts of the

February 23, 2010 Supplemental Expert Report of Paul K. Meyer ("Meyer"). 4. Attached as Exhibit B is a true and correct copy of excerpts of the transcript of

the May 12-14, 2010 deposition of Meyer. 5. Attached as Exhibit C are true and correct copies of Attachments 1.SU and

2.SU to the February 23, 2010 Supplemental Expert Report of Paul K. Meyer. 6. Attached as Exhibit D is a true and correct copy of Defendants' Deposition

Exhibit 2028, a document entitled "SAP Management, TomorrowNow/SAP Strategy/Projections" that was created by Meyer and produced to Defendants. Attached Exhibit D includes the first page of the copy marked by Defendants as Deposition Exhibit 2028, and a more legible version printed from the original document. 7. Attached as Exhibit E is a true and correct copy of Defendants' Deposition

Exhibit 2020, which is a copy of Schedule 42.2.DU of Meyer's expert report. 8. Attached as Exhibit F is a true and correct copy of Plaintiffs' Deposition Exhibit 2 Case No. 07-CV-01658 PJH (EDL)

DECLARATION OF NITIN JINDAL IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO EXCLUDE EXPERT TESTIMONY OF PAUL K. MEYER

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3204, a document entitled "Scope of Use." The document was provided to Defendants as part of Meyer's notes to the May 7, 2010 Supplemental Expert Report of Stephen K. Clarke. III. CLARKE REPORT AND DEPOSITION 9. Attached as Exhibit G is a true and correct copy of relevant excerpts of the May

7, 2010 Supplemental Expert Report of Stephen K. Clarke ("Clarke"). 10. Attached as Exhibit H is a true and correct copy of excerpts of the transcript of

the June 8-10, 2010 deposition of Clarke. IV. OTHER DEPOSITIONS AND DEPOSITION EXHIBITS 11. Attached as Exhibit I is a true and correct copy of excerpts of the transcript of

the September 30, 2008 deposition of Thomas Ziemen. 12. Attached as Exhibit J is a true and correct copy of excerpts of the transcript of

the December 10, 2008 deposition of Gerhard Oswald. 13. Attached as Exhibit K is a true and correct copy of excerpts of Plaintiffs'

Deposition Exhibit 455, a document produced in this case by SAP entitled "TomorrowNow Integration Meeting 25-26 January 2005." Attached Exhibit K includes the first page of the copy marked by Plaintiffs as Deposition Exhibit 455, and a more legible excerpt printed from the original document. 14. Attached as Exhibit L is a true and correct copy of an excerpt of Defendants'

Deposition Exhibit 2043, a document entitled "SAP AG Phone Conference," which is a transcript of SAP's January 19, 2005 conference call with analysts in which SAP announced its acquisition of SAP TomorrowNow. 15. Attached as Exhibit M is a true and correct copy of an excerpt of Plaintiffs'

Deposition Exhibit 236, a document produced in this case by SAP entitled "Safe Passage: Winning Customers and Markets From Oracle-PeopleSoft-J.D. Edwards, Executive Overview." Attached Exhibit M includes the first two pages of the copy marked by Plaintiffs as Deposition Exhibit 236, and a more legible excerpt of the attached presentation that was printed from the original document. 3
Case No. 07-CV-01658 PJH (EDL)

DECLARATION OF NITIN JINDAL IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO EXCLUDE EXPERT TESTIMONY OF PAUL K. MEYER