Oracle Corporation et al v. SAP AG et al

Filing 860

Declaration of Chad Russell in Support of 859 Memorandum in Opposition, to Defendants' Motion to Partially Exclude Testimony of Kevin Mandia and Daniel Levy filed byOracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V)(Related document(s) 859 ) (Russell, Chad) (Filed on 9/9/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 860 Att. 14

EXHIBIT N
Dockets.Justia.com

STEPHEN GRAY June 8, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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Q In the MathWorks case, did you have any discussions with any of the developers at MathWorks as part of your expert engagement? A So when you say "developer," just -- I think I know what you mean, but tell me what -really what you're referring to Q A Sure The people who generated that 500 So I had some experience -- I mean, I had to 700 or 800 modules that you referred to earlier some conversations with some of the authors of the software I think that's what you're referring to Q A Sure And how did that assist you in Well, one of the issues that arose is were performing your task as an expert in that matter? there -- in the analysis regarding protected expression, was were there alternative ways of performing a particular function And so one of the places where the authors of the software assisted me was in -- actually, it was my request of them, "Can you do this some other way? Can you give me some examples of how you can do it another way? What are the implications of doing it another way?" And so on So it was part of the protected expression analysis that was done in the abstraction filtration comparison general process

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aspects of the Comten software that I didn't need to pay attention to or didn't need to worry about, except in a very narrow sense I needed to worry about it, but at some level not have to worry about it too much. I know that's not a very clear answer. But there were some aspects of it not to worry about, except in a narrow sense and then other aspects to pay more attention to. Q. Is it accurate that in your professional experience you had substantially familiarity with network related devices prior to 1984? A. Q. Yes, I did. Was that experience helpful in determining

Q.

Did you have similar conversations with

the developers of the hardware device that you described on the IBM side in the IBM matter? A. Q. A. No, I did not. I did not. Was -- were you able to rely on your own I did rely on my own expertise. You've

expertise in the area? asked me specifically about the developers, and so I didn't have any conversations with any of the client developers. Q. A. Did you have any conversations with I did. I had some conversation with a anybody else from the client? manager of some of the developers. And asking -and making some inquiries, I did have a discussion with one of the managers of the developers. Q. A. And how did that assist you in your I think he was able to provide me some analysis in that IBM case? guidance in understanding with basically time sequences of when -- or timing with -- related to the development of the software. Q. A. The timing of the development of the No, time issues relate -- or time -- yeah, software?

how to analyze these two products in this matter that we're discussing? A. Q. Yeah. Yes, I applied my experience to In the MathWorks case, you didn't have those, to that effort. prior experience with the MathWorks software; is that correct? A. To the extent that I did, it was -- it was -- it was not serious experience with it. It was just tangential, having used it perhaps in a -or fiddled with it, but I don't remember having used it in any professional sense.

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STEPHEN GRAY June 8, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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time issues related with the development of the software. Q. And just to clarify, is that time issues in some -- like a firmware timing issue, or time line of the development history? A. Q. The latter. Okay. Did you have any other

had not authored the software, but who was a subject matter expert in the software and who was an employee of MathWorks Q Do you recall whether the conversations specifically were about the M programming language components? A I think they were, yeah I think so I'm pretty sure they were, yeah My recollection is -well, let me say it slightly differently I know that the M programming language components were part of that conversation What I am unclear on is whether there were any components that hadn't been written using the M language Q A Sure I just don't remember But I know

conversations with technical resources that we haven't discussed already in the IBM matter? A. Q. A. Well -- did I have any other discussions? Sure. We talked about a development I thought you meant did I have any other You mean with -- tell me what you mean. manager. Anybody else? discussions with that development manager about other things, but -Q. A. No, no, I meant -Not that I recollect sitting here. I will

certainly there were ones that were using the M language Q Did you rely on your own experience with Java and C or C++ in that case as well to identify -- for instance, to identify alternative ways to do things? A I don't know that I relied on my experience with C and Java in trying to identify alternative ways of writing the C and the Java applications I don't recollect having done that

say that the manager was also represented to me to be -- by the attorneys to be someone who was going to be able to answer some technical questions, but that -- as oftentimes occurs with management, he wasn't aware of the answers to those technical questions. So he wasn't -- but I did -- so that was why I was asking about other conversations. I did

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talk with him, but as you well know, frequently the managers don't have much of the details Q I'm shocked to hear that In the MathWorks case, did you talk to any other folks other than the developer conversations that we've already referenced? Speaking about technical people and not attorneys A Q A Q A I did Well, other -- I think other -Sure -- people were present in some of those Were they supplying you with information? But, you know, that's true too One of again, technical management --

conversations

them was, if not a technical manager, at least a subject matter expert with respect to some of the functions It was in that whole conversation about alternatives to creating certain functions And so I remember trying -- or working with some of the other MathWorks people to identify functions which would be good candidates I think maybe they had been identified by the other side by saying -- maybe them suggesting, oh, it couldn't be done any other way or something But I remember going through that with a person who

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