Oracle Corporation et al v. SAP AG et al

Filing 886

Declaration in Support of 885 Reply re Motion No. 4 to Exclude Testimony of Defendants' Expert Donald Reifer filed by Oracle 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)(Related document(s) 885 ) (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. 886

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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. 4: TO EXCLUDE SAP AG, et al, TESTIMONY OF DEFENDANTS' EXPERT DONALD REIFER Defendants. Date: Time: Place: Judge: September 30, 2010 2:30 p.m. Courtroom 3 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 DONAL REIFER
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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 Donal Reifer. Reifer Report and Deposition 2. Attached as Exhibit A is a true and correct copy of relevant excerpts from

the Expert Rebuttal Report of Donald Reifer, served by Defendants on March 26, 2010. Nonrelevant portions of the Report have been either excluded or redacted. 3. Attached as Exhibit B is a true and correct copy of relevant excerpts from

the transcript of the June 18, 2010 Deposition of Donald Reifer. Non-relevant portions of the deposition transcript have been either excluded or redacted. Pinto Report 4. Attached as Exhibit C is a true and correct copy of relevant excerpts from

the Expert Report of Paul C. Pinto, served by Oracle on November 16, 2009. A slipsheet indicating Appendix B to the Report has been added for the Court's convenience. Non-relevant portions of the Report have been either excluded or redacted. Garmus Report 5. Attached as Exhibit D is a true and correct copy of relevant excerpts from

the Expert Rebuttal Report of David P. Garmus, served by Defendants on March 26, 2010. Nonrelevant portions of the Report have been either excluded or redacted. Meet and Confer History Regarding Pinto's Code Counting Utilities 6. Attached as Exhibit E is a true and correct copy of an email string between

counsel for Defendants, Jeffrey Butler, and counsel for Plaintiffs, Geoff Howard, dated February 21, 2010, which is related to the code counting utilities Pitno used in forming his opinion. 1 Case No. 07-CV-01658 PJH (EDL)
ALINDER DECL. IN SUPPORT OF REPLY MEMO. RE MOT. TO EXCLUDE TESTIMONY OF DEFENDANTS' EXPERT DONAL REIFER

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7.

Attached as Exhibit F is a true and correct copy of an email string between

counsel for Defendants, Jeffrey Butler, and counsel for Plaintiffs, Amy Donnelly, dated February 24, 2010, which is related to the code counting utilities Pinto used in forming his opinion. 8. Defendants claim that Reifer could not get the executable files produced in

the email string reference above to work. However neither Reifer nor Defendants ever asked Oracle or its counsel for further information regarding these files. Nor did Defendants ask Pinto how to operate his counters.

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

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

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