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)

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Oracle Corporation et al v. SAP AG et al Doc. 847 Att. 4 EXHIBIT D SAP MANAGEMENT TOMORROWNOW/SAP STRATEGY/PROJECTIONS [1] Tab Leo Apotheker, H Shai Agassi, Martin omlish, Henning G Kagermann, erhard Oswald Arlen Shenkman, James Mackey Email Subject: r TomorrowNow/PSFT w lated background info e ith Attachment: ( Peoplesoft 1 2 3 Shenkman Exhibit 225) d Email with attached ocument A Roadmap for ( PSFT Customers to SAP Ziemen Exhibit 447) Date Author Routing Title of Document bLots of uncertainties in PeopleSofts installed base (12.750 in total). Mostly with 6000 former JDE customers. Strong overlap uncertainties PeopleSofts base in Strong Mostly 6000 JDE and One JDE) SAP. between SAP and PeopleSoft customers. PeopleSoft HR and SAP. PeopleSoft Enterprise One (former JDE) and SAP. SAP SAP PeopleSoft OR00253281 FM 2005, 2006 and 2007: 250, 375 and 750 Up Switch ; 500, 750 and 1000 Cross Sell and 500, 1500 and 3000 projected or 2005, 1500 3000 and 250, and 750 1000 aintenance customers. million. Maintenance customers. Sum: $897 million SAP OR00253288 t Peoplesoft customers can be segmented into three major groups Peoplesoft Enterprise (applications based on PeopleTools echnology), Peoplesoft Enterprise One (applications based on JD Edwards ...) and Peoplesoft World (JD Edwards historic product... SAP OR00004992 The majority of customers shared between SAP and Peoplesoft can be expected to be Peoplesoft Enterprise customers. SAP OR00004992 The majority of the JD Edwards installed base (70 80%) is on the traditional World product line. SAP OR00004992 HCM, CRM, and Financials/Supply Chain are the major Peoplesoft domain areas or pillars . SAP OR00004993 The vast majority of Peoplesoft customers are users of the HCM suite and/or the Financials suite. SAP OR00004993 sA large percentage of Peoplesoft customers use the core modules...and these core modules represent the vast majority of oftware fixes and the areas where legislative/regulatory updates are needed. SAP OR00004994 Supporting all Peoplesoft modules...would be very difficult while supporting the modules with high concentrations of dustomers would be less difficult and more economical. The majority of the module and specific release will drive the cost c ynamics significantly. SAP OR00004994 aThe newer versions of Peoplesoft software could provide a way for a customer or TomorrowNow to diagnose a problem with n older version of software (i.e. a fix for a problem in release 8.4 could be a fix for a problem in 8.0) SAP OR00004997 Current SAP customers that use Peoplesoft for HCM or Financials represent the most attractive customer base to target with this offering. SAP OR00004998 f The HCM functional area is the most attractive area to target (high number of customers, most likely to need enterprise unctionality). SAP OR00004998 The Peoplesoft World customer base is equally attractive SAP OR00004998 The World customer base is additionally attractive due to the large installed base. The level of disruption generated by World software support offering from SAP would be high and the delivery risk and financial risk is relatively low. SAP OR00004998 1 12/23/2004 Thomas Ziemen 2 1/5/2005 John Zepecki 3 Email Subject: Confidential (Ziemen Exhibit 448) 1/5/2005 Nam Bui Arlen Shenkman Werner Brant 4 (Werner Brandt) TomorrowNow s thoughts on our rational (sic) for an acquisition are fairly presented. SAP OR00002890 SAP would have the ability to offer Oracle/PeopleSoft customers the ability to get off Oracle/PeopleSoft maintenance with TomorrowNow Support Services, and then be very well positioned with an existing, lower risk SAP relationship to begin positioning a special SAP migration program that might be attractive to a number of TomorrowNow clients. SAP OR00002891 1/13/2005 James Mackey Arlen Shenkman, James Mackey, K Henning Gagermann, erhard Oswald, Shai Agassi Gerhard Oswald, Werner Brandt, Shai Agassi, Arlen henkman, Bill McDermott, Mark White Email Subject: TomorrowNow (Brandt Exhibit 514) ...the intent is to provide PeopleSoft support worldwide. SAP OR00187024 Subject to Protective Order Page 1 of 3 Highly Confidential Information Attorneys Eyes Only SAP MANAGEMENT TOMORROWNOW/SAP STRATEGY/PROJECTIONS [1] Tab Gerhard Oswald, Z Peter Graf, Thomas iemen, Bernd Welz, Leo Apotheker, Stephen Tseng, James Mackey, Shai Agassi, and others Email FW: Safe Passage w Strategy Deck Update ( ith attached presentation Shenkman Exhibit 236) Date Author Routing Title of Document base SAP contain is convert majority the a nd Edwards gOur goal is to convert the majority of the PeopleSoft and J.D. Edwards customer base to SAP and contain Oracle s potential growth in the next generation application market. SAP OR00092050 in next application By offering full maintenance and support of PeopleSoft and J.D. Edwards systems... SAP OR00092050 Reach out to the joint SAP PSFT JDE accounts within the Global 1,000 (est. 450) over the next 30 days (February) and accounts the to joint over next days and aggressively convert their maintenance contracts to SAP and facilitate immediate adoption of NetWeaver and planned adoption and of and adoption convert maintenance to immediate of mySAP ERP at PSFT and JDE installations within those enterprises. SAP OR00092050 mySAP at and installations those Roll out targeted direct marketing and sales programs to a variety of PSFT and JDE market segments including strategic installed bases of mid market manufacturing, project/service industries, local/state governments and HCM. SAP OR00092050 5 1/17/2005 Chuck Mulloy 6 N/A SAP AG Phone Press Conference regarding P ew Safe Passage N rogram [ 1/19/2005 document is not dated] M Bill Wohl, Bill cDermott, Shai Agassi According to analyst estimates, there are approximately 4,000 companies running both SAP and PeopleSoft/JDE. SAP analyst there approximately companies both and OR00329568 H I ow many those mixed environment customers think How many of those 4,000 mixed environment customers you think that you can expect to migrate over to SAP? ....(Shai Agassi) you expect migrate to . aI think I m going to let you guys do your job on predicting how many of these customers will actually make the right choice think to you do job predicting many these will make right C d go into Safe Passage with us. I actually think that for...the two customer groups, and the two common scenarios that we see. with an go Safe S ustomers that run SAP in the corporate office with JD Edwards in some small manufacturing site, and customers that were on c AP financials and manufacturing with PeopleSoft Enterprises, the HTML application...I think that they will make the right that I will th e There is no better choice for them than to use this opportunity to consolidate to a strategic relationship with SAP across choice. T the board. SAP OR00329587 88 m two common scenarios that you ll see is SAP and corporate, JD Edwards and manufacturing site, or SAP as financials and The anufacturing, PeopleSoft HTML, HR applications. These are the most common scenarios that you ll see, especially in the North American theater...So if you look at these two scenarios that probably describe 90, 80, 90 percent of the cases... SAP OR00329590 (Shai Agassi) ...if you want to look at it from sort of the financials perspective, the rationale is more around the value, if you want, that these customers represent as a potential future set of customers for SAP applications. And it s the value was estimated by Oracle, rightfully or wrongly, as $10 billion. What we believe is that this customer base is not necessarily captive by Oracle. I think this customer base has to make a choice right now. SAP OR00329578 7 8 N/A SAP Provides Safe Passage for its Customers Running E PeopleSoft and JD Edwards Solutions (Hurst xhibit 154) TomorrowNow I ntegration Meeting 25 26 E January 2005 (Ziemen xhibit 455) 1/19/2005 SAP Press Release The SAP offering includes maintenance and software support for PeopleSoft and JDE solutions through TomorrowNow and will initially be directed at companies who are already joint SAP customers. 1/25/2005 Stephen Tseng, T homas Ziemen N/A Overall 500 customers in 2005; Scenario 1: 2000 customers in 2009...Scenario 2: 4000 customers in 2009 SAP OR00009817 Subject to Protective Order Page 2 of 3 Highly Confidential Information Attorneys Eyes Only SAP MANAGEMENT TOMORROWNOW/SAP STRATEGY/PROJECTIONS [1] Tab Email Subject: Clear Sailing SYLT 2005 with attached presentation (Kagermann Exhibit 413) Direct sales focus on top 500 joint SAP PSFT customers SAP OR00147930 Date Author Routing Title of Document 9 2/3/2005 Martin Homlish 10 Siebel Safe Passage P Erogram Playbook (Hurst xhibit 1597) CRM Review II, October E 24, 2005 (Kagermann xhibit 439) Oct 05 Terry Hurst and o thers Henning K agermann, Shai Agassi, Leo Apotheker, Gerhard Oswald, Peter Zencke, Werner Brandt, Bill McDermott, and others N/A The opportunity is to move the 300+ SAP customers SAP and Siebel have in common and migrate them to mySAP CRM. SAP OR00790354 Priority 1:...System Landscape: In the US this is the 273 current SAP back office customers that have Siebel. SAP OR00790380 aOracle acquisition of Siebel: Impact on CRM & Business Suite revenues SAP competitive edge diminished by 40% post SEBL cquisition. At Risk (Billion Euro): 1.52 for 2006 through 2008. SAP OR00164527 11 Attending: Henning Kagermann, Shai Agassi and others Thomas Ziemen, Bernd Welz 10/24/2005 N/A 12 10/25/2005 Christian Klein h The Siebel customer base consists of 4,000 customers, (including large number of joint SAP/Siebel customers) and presents a uge market opportunity. SAP OR00250223 The Maintenance offering a key part of the Safe Passage Program and provided by TomorrowNow can be used as enabler m for future license revenue, to grow maintenance contract volume taken away from Oracle and to generate additional aintenance revenue for SAP. SAP OR00250223 Customers (cumulated) 2006, 2007 and 2008 are 40, 100 and 200. SAP OR00250225 ...that new TomorrowNow business unrelated to SAP Safe Passage support totaled nearly $10M in 2005, and is expected to A grow at a rate of 100% annually for the next several years...Over 10 years time, this lost annual revenue adds up to $200M. a ssuming consistent growth over the next 10 years, this single component of TomorrowNow s business would takeaway pproximately $1.1 billion form Oracle. TN OR00591548 t Every $1 of 2005 closed TomorrowNow business typically represents...1. $2 taken from Oracle s annual maintenance 2. $20 aken from any 10 year maintenance based justification for the PeopleSoft/JDE takeover 3. $10 increase to SAP s strategic license revenue pipeline. TN OR00591548 13 Lon Fiala (TN) 4/25/2006 Andrew Nelson (TN) Email Re: TNow Budget p 2006 with attached resentation Business Case: TomorrowNow 2006 presented by Gerd 1 swald (Hurst Exhibit O 601) f Email Subject: Working inancial Impact notes (A. Nelson Exhibit 1019) Note: [1] This schedule summarizes data for a variety of documents (from Attachment 3) addressing SAP s strategic plans surrounding the acquisition of TomorrowNow and associated benefits and projections. Other documents address benefits to SAP and impacts to Oracle. Subject to Protective Order Page 3 of 3 Highly Confidential Information Attorneys Eyes Only

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