Oracle Corporation et al v. SAP AG et al

Filing 853

Declaration of Elaine Wallace in Support of 851 Memorandum in Opposition, Declaration of Elaine Wallace In Support Of Defendants' Opposition To Plaintiffs' Motion No. 1 To Exclude Expert Testimony Of Stephen K. Clarke 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, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36)(Related document(s) 851 ) (McDonell, Jason) (Filed on 9/9/2010)

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Oracle Corporation et al v. SAP AG et al Doc. 853 Att. 16 EXHIBIT 16 DECLARATION OF ANN HARTEN I, Ann Harten, declare as follows: 1. declaration. I am over the age of 18 and competent to testify to the facts stated in this All of the statements made in this declaration are based upon my personal knowledge and belief, except where otherwise indicated. 2. I am Vice President of Global Information Systems and Human Resources for Haworth, Inc. My responsibilities include the management of IT solutions. 3. Haworth designs and manufactures adaptable workspaces, including raised floors, movable walls, systems furniture, seating, storage and wood casegoods. Family-owned and privately held, Haworth is headquartered in Holland, Michigan. Haworth serves markets in more than 120 countries through a global network of 600 dealers. 4. In approximately November of 2004, Haworth entered into an agreement with TomorrowNow pursuant to which TomorrowNow agreed to provide support services for our PeopleSoft Receivables software for North America. We continued to receive support from TomorrowNow for that PeopleSoft software until approximately September 2008. 5. As of early 2006, Haworth was using enterprise software applications of multiple vendors, including SAP, Oracle (both eBS and PeopleSoft), Baan, Vantage and Swing. During that time period, we made a strategic decision to consolidate our enterprise software and to standardize most of the platform to a single vendor. As a result, we evaluated product offerings from both SAP and Oracle. At that time, we were concerned about, among other things, the ability of Oracle's eBS software to handle our business needs and our uncertainty about Oracle's plans to eventually convert its customers to a future product known as "Fusion." After serious 1 SAP-SKC118356 consideration of the options, we decided to standardize on SAP software because we concluded that it was the best enterprise software for our business needs. 6. Our selection of SAP was not caused by the fact that TomorrowNow provided support services for certain of our PeopleSoft applications. None of our purchases of SAP software and support were caused by the fact that we were able to use TomorrowNow's services. If TomorrowNow had not been an available option at the time we used them, we still would have made the purchases of SAP applications and services. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that this declaration is executed at Holland, Michigan this 27th day of July 2010. By: Ann Harten 2 SAP-SKC118357

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