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. 6 EXHIBIT 6 Dockets.Justia.com WERNER BRANDT HIGHLY November 13, 2008 CONFIDENTIAL Page 224 WERNER BRANDT - HIGHLY CONFIDENTIAL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ORACLE CORPORATION, a Delaware) Corporation, ORACLE USA, INC.,)Case No. a Colorado corporation, and )07-CV-01658 PJH (EDL) ORACLE INTERNATIONAL ) CORPORATION, a California ) corporation, ) ) Plaintiffs, ) ) vs. ) ) SAP AG, a German corporation, ) SAP AMERICA, INC., a Delaware ) corporation, TOMORROWNOW, ) INC., a Texas corporation, ) and DOES 1-50, inclusive, ) ) Defendants. ) ------------------------------) Thursday, November 13, 2008 8:39 a.m. (Volume 2) Continued Highly Confidential Videotaped Deposition of WERNER BRANDT, held at the offices of Bingham McCutchen, LLP, 399 Park Avenue, New York, New York 10022, pursuant to Notice, before Otis Davis, a Notary Public of the State of New York. Merrill Legal Solutions (800) 869-9132 ef036dad-6d59-4b4f-89fc-a585395c1224 WERNER BRANDT HIGHLY November 13, 2008 CONFIDENTIAL Page 262 1 WERNER BRANDT - HIGHLY CONFIDENTIAL TEXT REMOVED - NOT RELEVANT TO MOTION 15 16 17 18 19 20 21 22 23 24 25 Q. The first slide in this version 1.2 is titled "Investment Overview 2005." A. Yeah. Q. And it indicates that TomorrowNow is not expected to be profitable in 2005, correct? A. I'm sorry, but I can't read the figures. Q. Do you recall -A. Is it -10 (in English)? Q. Yes. Merrill Legal Solutions (800) 869-9132 ef036dad-6d59-4b4f-89fc-a585395c1224 WERNER BRANDT HIGHLY November 13, 2008 CONFIDENTIAL Page 263 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WERNER BRANDT - HIGHLY CONFIDENTIAL A. Can you give me the numbers (in English)? MR. LANIER: Write on your piece of paper, not on the exhibit. THE WITNESS: Okay (in English). Q. I can do it this way: You recall that it was not expected to be profitable in 2005, correct? A. Yes. Q. The long-term expectations at that time were that TomorrowNow would be profitable, correct? A. In any case. Q. Yes? A. Yes. TEXT REMOVED - NOT RELEVANT TO MOTION Merrill Legal Solutions (800) 869-9132 ef036dad-6d59-4b4f-89fc-a585395c1224 WERNER BRANDT HIGHLY November 13, 2008 CONFIDENTIAL Page 273 1 WERNER BRANDT - HIGHLY CONFIDENTIAL TEXT REMOVED - NOT RELEVANT TO MOTION 19 20 21 22 23 24 25 Q. In this e-mail, there is a reference to, "Additional comments made: Werner Brandt: The Business Case itself needs further clarification, i.e. who committed to 2005 revenues and does the case include all necessary investments. In addition, I want to challenge the negative Merrill Legal Solutions (800) 869-9132 ef036dad-6d59-4b4f-89fc-a585395c1224 WERNER BRANDT HIGHLY November 13, 2008 CONFIDENTIAL Page 274 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WERNER BRANDT - HIGHLY CONFIDENTIAL profitability." Do you recall making those comments about the business case to seek approval for the 26 additional FTEs? A. I don't recall specifically, but it's quite possible that it happened the way it says here. Q. Did you find an answer about who committed to 2005 revenues? A. I'm unable to answer that question from memory. Q. How about your question concerning whether the business case included all necessary investments; did you have any particular investments in mind that you saw were missing? A. No. According to my recollection, it's always the same issue, if the additional hires in the business plan are those that are needed or if there is going to be another business case after three months where additional requests are made. Q. Why did you want to challenge Merrill Legal Solutions (800) 869-9132 ef036dad-6d59-4b4f-89fc-a585395c1224 WERNER BRANDT HIGHLY November 13, 2008 CONFIDENTIAL Page 275 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WERNER BRANDT - HIGHLY CONFIDENTIAL the negative profitability? Did you think that was pessimistic? A. As a CFO, I challenge any negative profitability. Q. Is your goal to try to turn the negative into the positive? A. In this case, a clear yes is sufficient. Q. And do you recall what, if anything, you did to challenge the negative profitability? A. The responsibility for the results is with the individual business areas. And in this particular case, if memory serves, the central issue was to increase the revenue or to expand the revenue of TomorrowNow from the third-party service business. Q. So attempt to decrease cost and increase revenue, correct? A. I just said expand revenue, that was the goal. Q. Was one of the methodologies to decrease cost? Merrill Legal Solutions (800) 869-9132 ef036dad-6d59-4b4f-89fc-a585395c1224 WERNER BRANDT HIGHLY November 13, 2008 CONFIDENTIAL Page 276 1 2 3 4 5 6 7 WERNER BRANDT - HIGHLY CONFIDENTIAL A. No. Q. How were you going to decrease revenue? A. By expanding the business model in the United States but also to globalize the business, take it global. TEXT REMOVED - NOT RELEVANT TO MOTION Merrill Legal Solutions (800) 869-9132 ef036dad-6d59-4b4f-89fc-a585395c1224

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