Oracle Corporation et al v. SAP AG et al

Filing 856

Declaration of John Baugh in Support of 851 Memorandum in Opposition, Declaration of John Baugh In Support Of Defendants' Opposition To Plaintiffs' Motion To Exclude Expert Testimony Of Stephen K. Clarke filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Related document(s) 851 ) (McDonell, Jason) (Filed on 9/9/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 856

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Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) DECLARATION OF JOHN BAUGH IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO EXCLUDE EXPERT TESTIMONY OF STEPHEN K. CLARKE Date: Time: Courtroom: Judge: September 30, 2010 2:30 p.m. 3, 3rd Floor Hon. Phyllis J. Hamilton

DECLARATION OF JOHN BAUGH ISO DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO EXCLUDE CLARKE

Dockets.Justia.com

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I, JOHN BAUGH, declare as follows: I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 1. I was formerly employed by TomorrowNow, Inc. as a PeopleSoft technology

specialist. I was a full-time employee of TomorrowNow from approximately September 2003 until approximately October 2008 and have been a consultant to TomorrowNow pursuant to a consulting contract since that time. 2. While employed by TomorrowNow, I helped maintain PeopleSoft software

environments which were used to help support TomorrowNow's customers. As part of my job responsibilities, I also assisted in the maintenance of TomorrowNow's database software that included, among the database software products of several other vendors, Oracle database software that interacted with the PeopleSoft software environments. 3. TomorrowNow provided customer support for businesses using certain PeopleSoft,

J. D. Edwards and Siebel enterprise application software products. TomorrowNow's PeopleSoft support team used Oracle database software internally to assist in developing some of the fixes and updates that it provided to its customers using certain PeopleSoft enterprise application software. 4. To my knowledge, TomorrowNow's PeopleSoft support team only used the Oracle

database software internally and it did not distribute the database software or any portion thereof or any modifications thereto to any other person or entity. To my knowledge, TomorrowNow's PeopleSoft support team did not give access to or make available the software or any portion thereof or modifications thereto to any other person or entity outside of TomorrowNow and its agents. I declare under penalty of perjury, under the laws of the United States and the State of California that the foregoing is true and correct.

SFI-649127v1

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DECLARATION OF JOHN BAUGH ISO DEFENDANTS' OPPPOSITION TO PLAINTIFFS' MOTION TO EXCLUDE CLARKE