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. 6

EXHIBIT 6

Dockets.Justia.com

PAUL K. MEYER May 14, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 648
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 3; PAGES 648 - 937 FRIDAY, MAY 14, 2010

HIGHLY

CONFIDENTIAL - ATTORNEYS' EYES ONLY

REPORTED BY:

HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-427378)

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Q.

Mr. Meyer, I want to talk to you about the Do you have

expert report of Mr. Brian Sommer. that report in mind? A. Not particularly.

You can provide me a

copy if you want to. Q. You don't have one with you? MS. HOUSE: No. Q. Have you read the

MR. McDONELL:

report, and are you prepared to respond to it? MS. HOUSE: THE WITNESS: to that.
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Asked and answered. No. I've already responded

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MR. McDONELL: you a document -A.

Q.

Mr. Meyer, I'm showing

Excuse me, could I -- one thing, and I

think this happened earlier in the deposition, but when you asked about Mr. Sommer, I said the comments I had about his work were through the work that Mr. Clarke had done. So in Mr. Clarke's report, when he refers to Mr. Sommer, I have notes in the copy I made for you of Mr. Clarke. said that earlier. So I want you to remember I So I have comments about Mr.

Sommer, but only through the workings of Mr. Clarke. So I wanted to be clear about that

like I was a day or so ago.

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If that impacts your question, I want you to have that information. Q. Are you able to tell me to what extent you

respond to Mr. Sommer to the extent Mr. Clarke relied on him? MS. HOUSE: THE WITNESS: Objection. Vague.

If we walk through

Mr. Clarke's report which I provided to you a couple days ago, as I've looked at Mr. Clarke's points, I've made some points myself, some notations. To the extent Mr. Sommer's notations

come into Mr. Clarke's report and he's relying upon those, there may be things that are of interest to you there. I just don't that know what you're I wanted to point it out to be

interested in. complete.

MR. McDONELL:

Q.

So your responses are

identified on the notes of the copy of Mr. Clarke's report that you gave to us? A. Well, not all the responses. But I know

that Mr. Clarke relies upon Mr. Sommer for certain inputs. So I can see a situation where Mr. Clarke

is making a point, he's taken it from Mr. Sommer, and I've made a point about that. And I don't want

you not to know that's what I've done, because

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that's what I have done.

So if that's of interest

to you, I wanted to provide that information to you. Q. Except to the extent that Mr. Clarke has

relied on Mr. Sommer's information in Mr. Clarke's report, do you have other responses to Mr. Sommer's report? A. Not at this point in time.

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MR. McDONELL:

Q.

Have you read

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Mr. Sommer's opinions about what that impact might be? MS. HOUSE: answered that. THE WITNESS: To the extent Mr. Clarke I believe he's asked and

relies on Mr. Sommer, there will be some comments in that in what I provide you had to you a couple days ago, that would be my notes on Mr. Clarke at this point in time. MR. McDONELL: Q. As you sit here today,

do you have any recollection of having any opinions about Mr. Sommer's comments on total cost of ownership? MS. HOUSE: narrative, overbroad. THE WITNESS: At a general level, no, we'd Objection. Calls for a

have to go to my notations on Mr. Clarke's work to work through the comments on Mr. Sommer.

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MR. McDONELL:

That's all I have for now.

I just want to put on the record that we do object that Mr. Meyer did not come prepared and having thoroughly read the Brian Sommer report, as he testified. And as a result, we reserve all rights

to move to exclude any responsive opinions he might choose to offer later about that report.

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