Oracle Corporation et al v. SAP AG et al

Filing 865

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 [AMENDED] 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 9/10/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 865 Att. 10

EXHIBIT 10

Dockets.Justia.com

PAUL K. MEYER May 13, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 332
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO 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 PAUL K. MEYER _________________________________ VOLUME 2; PAGES 332 - 647 THURSDAY, MAY 13, 2010

HIGHLY REPORTED BY:

CONFIDENTIAL - ATTORNEYS' EYES ONLY HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-427374)

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MR. McDONELL:

Q.

In coming up with your

assumed value -- well, let me strike that. Do you know whether there are independent third-party support providers that are not partners of Oracle that are supporting Oracle products? MS. HOUSE: THE WITNESS: Vague as to time. And what's your time frame?

Do you have a year in mind? MR. McDONELL: and today. A. I think you know what I know about the Q. Any time between 2002

record, that if you go back in time, that you'll see small operations, small companies, under 20 employees, under 10 employees, people will gravitate out of a PeopleSoft and set up a little servicing shop. And if you look at the documentation in this case that looks at Oracle's positions, and in the positions of SAP, there's documentation that says, basically, those groups really don't matter much, and the market's less than 1 percent -- let me finish -- those little service providers. that's really key. And

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And so that's the big issue is, when we look across all of this, Mr. Clarke spends a lot of time in his report on this issue, but the bottom line is, those are not companies that are not just backed by SAP, but teamed up with SAP in a marketing program and a selling program to 4,000 customers. agreements. alternatives. So we can go through all these But the bottom line is, there's no There's no alternatives that are

acceptable and non-infringing. And I'm not talking about someone that has five customers or 20 customers or 10 employees. I'm talking about a legitimate alternative, and around the two thousand -- 2004 December time frame, in SAP's own records, they looked for options to TomorrowNow. And they identified a few,

and they picked TomorrowNow. So these service providers just don't rise up to being legitimate, third-party alternatives. Q. Okay. Have you ever heard of

CedarCrestone? A. Q. Yes, I've heard of CedarCrestone. Do you know what they offer by way of

support of PeopleSoft products? MS. HOUSE: Objection. Vague as to time.

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MR. McDONELL: question. A.

Q.

That's a yes or no

You don't have to go to a binder. I have a whole binder -MS. HOUSE: Excuse me. Vague as to time.

Calls for speculation. THE WITNESS: I have a whole binder, and

it's here in the room, and I can get it, that goes through all the third-party vendors identified by Mr. Clarke. And I look at what he looked at and

other information about whether these are actually legitimate third-party vendors. And I'm saying that legitimate in terms of being something to compare in this case. MR. McDONELL: Q. Is this a binder you

created for rebuttal purposes since you've read Mr. Clarke's report? A. Well, there's two levels. I had already

had an understanding that there was no alternatives. And when Mr. Clarke spent a lot of

time analyzing the alternatives and took the position that there were alternatives, I spent some time going back and looking at those groups. on a preliminary basis, I've pulled together a schedule, which you now have, and all the backup that basically says, as you scan through this, And

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these companies are not acceptable non-infringing alternatives on any kind of scale. I'm not saying they don't exist and they don't have a little business, but a scaling business.

TEXT REMOVED - NOT RELEVANT TO MOTION

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