Oracle Corporation et al v. SAP AG et al

Filing 892

Declaration of Holly A. House in Support of 882 Objections to Declaration of Stephen K. Clarke in Support of Defendants' Opposition to Oracle's Motion No.1: To Exclude Testimony of Defendants' Expert Clarke, 888 Reply , 891 Reply, 890 Objections to the Declaration of Brian Sommer In Support of Defendants' Opposition to Oracle's Motion No. 2 to Exclude Testimony of Brian S. Sommer 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, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Related document(s) 882 , 888 , 891 , 890 ) (House, Holly) (Filed on 9/16/2010) Modified on 9/17/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 892

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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., CASE NO. 07-CV-01658 PJH (EDL) DECLARATION OF HOLLY HOUSE ISO REPLY Plaintiffs, REGARDING ORACLE'S MOTION NO. 1 TO EXCLUDE v. CLARKE, OBJECTIONS TO DECLS. OF CLARKE AND SOMMER, AND OPPOSITION TO DEFENDANTS' SAP AG, et al., OBJECTION TO LEVY DECL. 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) HOUSE DECL. ISO REPLY RE: ORACLE'S MOTION NO. 1 TO EXCLUDE CLARKE, OBJECTIONS TO DECLS. OF CLARKE AND SOMMER, AND OPPOSITION TO OBJECTION TO LEVY DECL.

Dockets.Justia.com

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Exhibit Index
Deposition Transcript Excerpt and Errata of SAP Damages Expert, Stephen K. Clarke Deposition Transcript Excerpt of Oracle Damages Expert, Paul K. Meyer Deposition Transcript Excerpt of SAP Expert, David Garmus Deposition Transcript Excerpt of Oracle Rule 30(b)(6) Witness, Richard Allison Defendants' Amended Third Notice of Deposition of Plaintiff Oracle USA, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6) Deposition Transcript Excerpt and Errata of SAP Damages Expert, Stephen K. Clarke September 1, 2010 Email Chain Between Jason McDonell and Zachary Alinder Attachment to the August 31, 2010 Email from Jason McDonell to Zachary Alinder Deposition Transcript Excerpt of Oracle Expert, Dr. Daniel Levy Errata to Deposition Transcript of SAP Expert, Brian Sommer

CLARKE OBJECTION A F G

OPPOSITION TO LEVY OBJECTION H I SOMMER OBJECTION

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

HOUSE DECL. ISO REPLY RE: ORACLE'S MOTION NO. 1 TO EXCLUDE CLARKE, OBJECTIONS TO DECLS. OF CLARKE AND SOMMER, AND OPPOSITION TO OBJECTION TO LEVY DECL.

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I, Holly A. House, 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"). Except as expressly stated, I have personal knowledge of the facts stated within this Declaration and could testify competently to them if required. I make this Declaration in support of (1) Oracle's Reply in Support of Oracle's Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke ("Clarke Reply"); (2) Oracle's Objections To the Declaration of Stephen K. Clarke in Support of Defendants' Opposition to Oracle's Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen K. Clarke ("Clarke Objection"); (3) Oracle's Opposition to Defendants' Objections to the Declaration of Dr. Daniel Levy in Support of Oracle's Motion To Exclude Expert Testimony of Stephen K. Clarke ("Opposition to Levy Objection"); and (4) Oracle's Objections to the Declaration of Brian Sommer in Support of Defendants' Opposition to Oracle's Motion No. 2: To Exclude Testimony of Defendants' Expert Brian Sommer ("Sommer Objection"). 2. Unless otherwise noted below, all highlighting and/or circling in these

Exhibits have been added to further assist in identifying the information relevant to Oracle's filings. I. MATERIAL RELEVANT TO ORACLE'S REPLY IN SUPPORT OF MO. NO. 1 TO EXCLUDE TESTIMONY OF STEPHEN K. CLARKE 3. Attached as Exhibit A is a true and correct copy of portions of the

transcript of the June 8-10, 2010 deposition SAP damages expert, of Stephen K. Clarke, along with Clarke's errata to that transcript as provided to Oracle on July 19, 2010. 4. Attached as Exhibit B is a true and correct copy of portions of the

transcript of the May 12-14, 2010 deposition of Oracle damages expert, Paul K. Meyer. 5. Attached as Exhibit C is a true and correct copy of portions of the

transcript of the June 4, 2010 deposition of SAP expert, David Garmus. 6. Attached as Exhibit D is a true and correct copy of portions of the 2 Case No. 07-CV-01658 PJH (EDL)

HOUSE DECL. ISO REPLY RE: ORACLE'S MOTION NO. 1 TO EXCLUDE CLARKE, OBJECTIONS TO DECLS. OF CLARKE AND SOMMER, AND OPPOSITION TO OBJECTION TO LEVY DECL.

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transcript of the November 12, 2009 Rule 30(b)(6) deposition of Oracle witness, Richard Allison. 7. Attached as Exhibit E is a true and correct copy of an excerpt of

Defendants' Deposition Exhibit 808, a document entitled "Defendants' Amended Third Notice of Deposition of Plaintiff Oracle USA, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6)." Subject to Oracle's objections, it is this Notice to which Mr. Allison was provided as Oracle's witness. II. MATERIAL RELEVANT TO ORACLE'S OBJECTION TO AND MOTION TO STRIKE THE CLARKE DECLARATION IN SUPPORT OF SAP'S OPPOSITION TO ORACLE'S MO. NO 1 TO EXCLUDE TESTIMONY OF STEPHEN K. CLARKE 8. Attached as Exhibit A is a true and correct copy of portions of the

transcript of the June 6-8, 2010 deposition of Stephen K. Clarke, along with Clarke's errata to that transcript as provided to Oracle on July 19, 2010. 9. Attached as Exhibit F is a true and correct copy of an email chain, ending

September 1, 2010, between Jason McDonell, counsel for Defendants, and Zachary Alinder, counsel for Oracle. I am copied on and received the entire email chain. 10. Attached as Exhibit G is a true and correct copy of SAP counsel's

attachment to the August 31, 2010 email from Mr. McDonell to Mr. Alinder, the first email in the chain attached as Exhibit F. III. MATERIAL RELEVANT TO ORACLE'S RESPONSE TO SAP'S OBJECTION TO DECLARATION OF DR. DANIEL LEVY IN SUPPORT OF ORACLE'S MO. NO. 1 TO EXCLUDE TESTIMONY OF CLARKE 11. Attached as Exhibit H is a true and correct copy of a portion of the

transcript of the April 30, 2010 deposition of Dr. Daniel Levy. IV. MATERIAL RELEVANT TO ORACLE'S OBJECTION TO AND MOTION TO STRIKE THE SOMMER DECLARATION IN SUPPORT OF SAP'S OPPOSITION TO ORACLE'S MO. NO 2 TO EXCLUDE TESTIMONY OF BRIAN S. SOMMER 12. Attached as Exhibit I is a true and correct copy of SAP's expert Brian

Sommer's errata to his June 25, 2010 deposition transcript, which was provided to Oracle on 3
Case No. 07-CV-01658 PJH (EDL)

HOUSE DECL. ISO REPLY RE: ORACLE'S MOTION NO. 1 TO EXCLUDE CLARKE, OBJECTIONS TO DECLS. OF CLARKE AND SOMMER, AND OPPOSITION TO OBJECTION TO LEVY DECL.

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July 30, 2010. 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/ Holly A. House Holly A. House

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

HOUSE DECL. ISO REPLY RE: ORACLE'S MOTION NO. 1 TO EXCLUDE CLARKE, OBJECTIONS TO DECLS. OF CLARKE AND SOMMER, AND OPPOSITION TO OBJECTION TO LEVY DECL.