Oracle Corporation et al v. SAP AG et al

Filing 884

Declaration in Support of 883 Reply re Motion No. 3 to Exclude Testimony of Defendant's Expert David Garmus filed by Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 883 ) (Alinder, Zachary) (Filed on 9/16/2010) Modified on 9/17/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 884

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) ZACHARY J. ALINDER (SBN 209009) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) 333 Main Street Armonk, NY 10504 Telephone: [phone] Facsimile: [phone] [e-mail] STEVEN C. HOLTZMAN (SBN 144177) FRED NORTON (SBN 224725) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., et al. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., No. 07-CV-01658 PJH (EDL) DECLARATION OF ZACHARY J. Plaintiffs, ALINDER IN SUPPORT OF REPLY v. MEMORANDUM REGARDING MOTION NO. 3: TO EXCLUDE SAP AG, et al, TESTIMONY OF DEFENDANTS' EXPERT DAVID GARMUS Defendants. Date: September 30, 2010 Time: 2:30 p.m. Place: Courtroom 3 Judge: Hon. Phyllis J. Hamilton
Case No. 07-CV-01658 PJH (EDL)

ALINDER DECL. IN SUPPORT OF REPLY MEMO. RE MOT. TO EXCLUDE TESTIMONY OF DEFENDANTS' EXPERT DAVID GARMUS
Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, Zachary J. Alinder, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am

a partner at Bingham McCutchen LLP, counsel of record for plaintiffs Oracle USA, Inc., Oracle International Corporation, and Siebel Systems, Inc. (collectively, "Oracle"). I have personal knowledge of the facts stated within this Declaration and could testify competently to them if required. Unless otherwise noted below, Oracle has provided all highlighting and/or circling in these Exhibits to further assist in identifying the information relevant to Oracle's Reply Memorandum Regarding its Motion to Exclude Testimony of David Garmus. Garmus Report and Deposition 2. Attached as Exhibit A is a true and correct copy of relevant excerpts from

the transcript of the June 4, 2010 Deposition of David P. Garmus. Non-relevant portions of the deposition transcript have been either excluded or redacted. Clarke Report 3. Attached as Exhibit B is a true and correct copy of relevant excerpts from

the Expert Report of Stephen Clarke, as supplemented on May 7, 2010. Non-relevant portions of the Report have been either excluded or redacted. Evolution v. Sun Trust Case Materials 4. Attached as Exhibit C is a true and correct copy of relevant excerpts of the

September 25, 2003 Deposition of Donald Reifer in the Evolution v. Sun Trust case, (D. Kan. 2:01-cv-02409), as obtained from the electronic docket for the case, Dkt. 164-2. For ease of use and clarity, Oracle has also attached, before the report, a true and correct copy of relevant excerpts of the docket report in that case.

I declare under penalty of perjury under the laws of the United States that the foregoing facts are true and correct, and that this Declaration was executed on September 16, 2010, in San Francisco, CA. /s/ Zachary J. Alinder Zachary J. Alinder

1

Case No. 07-CV-01658 PJH (EDL)

ALINDER DECL. IN SUPPORT OF REPLY MEMO. RE MOT. TO EXCLUDE TESTIMONY OF DEFENDANTS' EXPERT DAVID GARMUS