Oracle Corporation et al v. SAP AG et al

Filing 854

Declaration of Stephen K. Clarke in Support of 851 Memorandum in Opposition, To Plaintiffs' Motion No. 1 To Exclude Expert Testimony Of Stephen K. Clarke [REDACTED] filed by SAP 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)(Related document(s) 851 ) (McDonell, Jason) (Filed on 9/9/2010) Modified on 9/10/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 854 Att. 19

EXHIBIT 19

Dockets.Justia.com

STEPHEN K. CLARKE June 10, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 652
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND 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 STEPHEN K. CLARKE _________________________________ VOLUME 3; PAGES 652 - 969 THURSDAY, JUNE 10, 2010

HIGHLY

CONFIDENTIAL - ATTORNEYS' EYES ONLY

REPORTED BY:

HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-427123)

Merrill Legal Solutions [phone]

a70ea350-2e47-4b69-a9a2-6380c73be71c

STEPHEN K. CLARKE June 10, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 962

TEXT REMOVED - NOT RELEVANT TO MOTION

19:09:54 19:09:56 19:09:57 19:10:00 19:10:02 19:10:02 19:10:05 19:10:08 19:10:12 19:10:17 19:10:21 19:10:24 19:10:30 19:10:34 19:10:39 19:10:45

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

Q.

But you used an intercept for SAP, which

was my question. Why did you use the SAP intercept? includes billions of dollars as well. MR. McDONELL: Right? Object That

Asked and answered.

to the form of the question. THE WITNESS: The intercept that is in the

SAP equation, the A, if you recall, was connected to a log function. It's not separable.

And the way that works is, you have this curvilinear line, because we have -- we don't have a linear equation, and the -- although there's an intercept embodied in the calculation, that intercept has no meaning. There is no use in my

analysis of an intercept value independent of its role in that log function.
TEXT REMOVED - NOT RELEVANT TO MOTION

Merrill Legal Solutions [phone]

a70ea350-2e47-4b69-a9a2-6380c73be71c