Oracle Corporation et al v. SAP AG et al

Filing 877

Declaration of Tharan Gregory Lanier in Support of 876 Reply in Support 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)(Related document(s) 876 ) (Froyd, Jane) (Filed on 9/16/2010) Modified on 9/17/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 877 Att. 2

EXHIBIT 2

Dockets.Justia.com

PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 1
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION --O0o-ORACLE CORPORATION, a Delaware Corporation; ORACLE, USA, INC., a Colorado Corporation, and ORACLE INTERNATIONAL CORPORATION, a California Corporation, Plaintiffs, Vs. No. 07-CV-01658-PJH (EDL)

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 PINTO ___________________________ Wednesday, May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Reported By: Job 427372 WENDY E. ARLEN, CSR #4355, CRR, RMR

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PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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Q.

How in the year 2000 did you come to start

using this process? A. That's when I joined NIIT, which again is a So all processes are

CMM Level 5 company. documented. Q. Okay.

And you -- and that process is

documented at NIIT? A. Q. report? A. context. Because this is specifically written for this A variant of this process is documented. Why did you use a variant of it here in this

TEXT REMOVED - NOT RELEVANT TO MOTION

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PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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Q.

You see under Roman vi it says ten-step

analysis, et cetera? A. Q. Yes, I do. And then A, Step One, B, Step Two, et cetera?

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PAUL PINTO May 19, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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A. Q.

Yes. All the way to J, Step Ten. Those are the

ten steps that you employed, right, in your function point analysis? A. analysis. Q. Are you aware of whether those ten steps in Those are the ten steps I employed in this

that order have been approved by any standard setting group such as the International Software Benchmarking Standards Group? A. Q. A. But, Mr. Butler -- -Yeah. -- these ten steps were specifically written

and tailored for this case. Q. A. Q. So the answer is no. No, that's not the answer. Let me ask my question again because I'm

entitled to an answer to my question not the question you want to answer. A. Q. Understood. Okay. This -- you see here ten steps you

have page i, Roman i in front of you. A. Q. I do. And there's ten steps going all the way from

Step One to Step Ten.

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A. Q.

I see that. Okay. Have those ten steps in that order as

you have them on that paper -- page I see you looking at right in front of you, page i of your report, have those ten steps been approved by any standard setting group such as the International Software Benchmarking Standards Group? MS. HOUSE: And I'm going to object to the

word approved as vague. THE WITNESS: Yeah, I can't say as to whether

they've -- they've been approved -Q. A. Q. MR. BUTLER: Okay.

-- by those organizations. Okay. Are you -- thank you. Are you aware

of any IFPUG publication that uses this ten-step process? MS. HOUSE: THE WITNESS: Q. MR. BUTLER: Asked and answered. I am not aware. Has this ten-step process listed

here been peer reviewed, as far as you know? A. Q. Yes, it has been peer reviewed. Okay. And you believe it would be

publishable in a peer reviewed professional journal? A. Q. Yes, I do. Have you seen it published in such a j