Oracle Corporation et al v. SAP AG et al

Filing 850

Declaration of Jason McDonell in Support of 848 Memorandum in Opposition, Declaration of Jason McDonell in Support of Defendants' Opposition to Plaintiffs' Motion No. 2 to Exclude Expert Testimony of Brian S. Sommer filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Related document(s) 848 ) (McDonell, Jason) (Filed on 9/9/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 850 Att. 5

EXHIBIT 5

Dockets.Justia.com

PAUL K. MEYER May 12, 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 PAUL K. MEYER _________________________________ VOLUME 1; PAGES 1 - 331 WEDNESDAY, MAY 12, 2010

HIGHLY REPORTED BY:

CONFIDENTIAL - ATTORNEYS' EYES ONLY HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-427362)

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PAUL K. MEYER May 12, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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MR. McDONELL:

Q.

Have you read the

report of Mr. Brian Sommer? A. I have just glanced through it at a very,

very high level. Q. that way? A. More from the perspective of timing. And why did you choose to review it in

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Q. A.

What do you mean by that? I understood that -- my understanding was

that Mr. Clarke was -- one of his assignments was to look at the opinions that I had and the backup for those opinions and come to his opinions. And

so that was my first task when the reports were received over a month ago. And then there were

other reports, obviously, that came in, and I know Mr. Sommer supplied a report that at some level provides information about my work, but I have not really gotten to his findings at this point in time. Q. Have you developed any responses to

Mr. Sommer's report? A. Q. No, not at this point in time. Do you understand that it is offered as a

rebuttal of your report? A. sense. I would say I understand that in a general I believe he tries to take on overall

enterprise application marketing and selling issues and apply it to some of my findings. And from that

perspective, in a general sense, I don't feel like I'm -- that where he comes out in his opinions are going to have impact on my opinions. But I -- as I

said, I will need to caveat that I have not really

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studied it and gone through where it actually is meant to apply to what we've come up with in our work. Q. When you say that you don't feel that his

opinions are going to have an impact on your opinions, what do you mean by that? A. Well, from the standpoint of my assignment

and my valuation work and damage work and focusing on the relationship of SAP and Oracle, both in January 2005 and going forward, there are certainly background issues about the enterprise market that may be helpful to one to understand. But from my perspective, what is really driving the valuation and the damages is how these two companies were interacting with each other, and so that's where my focus was. Obviously, I need to read Mr. Sommer's report in detail and interface with what he says with my opinions, and at some point I'll get to that. But from my perspective, the real focus in this case should be on these two large entities, and what their business records say about their focus and intents, since 2004, late in the year. Q. Would you agree that in the course of your

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work, it's important to understand the behavior of customers in this enterprise software market; you know, specifically customers of Oracle and SAP? A. I understand your question. I would say

only in a general sense. Q. Would you agree that it's important to

understand what customers take into consideration when making enterprise software purchase decisions? A. See, when you phrase that question in a

sort of a generic customer, I'm not certain that that inquiry is going to be that helpful to the court in these circumstances, so -Q. A. Do you -Let me finish. Because of the large

volume of information that relates to the acquisition of PeopleSoft by Oracle, and then SAP's senior management and Executive Board management response to that acquisition. So I would focus the issues there. And

issues that relate to in a general sense why a customer may choose to buy software or not I think will be a lot less important. And I think that Mr. Sommer at some level addresses those issues, and I'll have to refer to it when I get to his report and see how it

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interfaces with my findings to really address that. Q. So you just testified that in your view,

why a customer chooses to buy is less important than other factors. relevant factor? MS. HOUSE: testimony. THE WITNESS: MS. HOUSE: THE WITNESS: It would really -Incomplete question. It would really depend on Objection. Misstates his But do you agree that it is a

how it's applied, and that's more where I've come out. I need to study what he says and see how he That's

tries to use it in contrast to my findings.

sort of where I'm at right now with his analysis. MR. McDONELL: Q. Have you prepared any

notes of your initial preliminary reactions to Mr. Sommer's report? A. No, I have not.

TEXT REMOVED - NOT RELEVANT TO MOTION

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MR. McDONELL: A.

Q.

Mr. Meyer --

Excuse me, let me offer one thing, and

maybe just out of an abundance of caution, with the

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question you asked about Mr. Sommer. I don't have any sort of direct rebuttal points about his analysis and his opinions. I And

thought at the break about the question again.

to the extent that in Mr. Clarke's report, as I've made some notations in there as I've gone through that report, there may be references where Mr. Clarke has made to inputs from Mr. Sommer. to the extent that that comes up, there is that interface. And so I want the record to be complete that I've seen Mr. -- some Mr. Sommer inputs through Mr. Clarke. And so if we get to that point And

in the next couple of days, I just want the record clear on that. Thank you.

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