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 Att. 8

EXHIBIT H
Dockets.Justia.com

Page 1
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 DANIEL LEVY, PH.D. _________________________________ FRIDAY, APRIL 30, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

REPORTED BY:

HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-427360)

DANIEL LEVY, PH.D. April 30, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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Hashes, basically, the hash measures, versions. It's possible that we went through at some point or other all of them. I don't know that we covered every single one, but it's possible that we did. Q. Did you review anybody else's expert report in -- I guess let me ask you this: Other than Dr. Spencer's and Dr. Vandaele's reports and your report, have you reviewed any of the other experts' reports in this case? A. No. I haven't read their expert reports. I have some general understanding of what some of the tasks were, but I don't -- I haven't read the reports. Q. And what's your general understanding of tasks, and for which experts? A. Well, one is that the -- the purpose for which my numbers were being calculated were to provide some information -- or provide information about whether or not there was contamination or inappropriate cross-use that was more likely than not to exist. So I understood that that was the purpose in the calculation that was going to be -- or an analysis that was going -- it was going to be used

you talk to anybody else in preparing your report? A. People at Oracle. Q. Oracle employees? A. Well, I met with counsel from Oracle. Q. Other than meeting with counsel for Oracle, were there any other Oracle employees that you discussed? A. I don't believe so. Q. Did you ever have any conversations with Norm Ackermann? A. Not that I recall. Q. Did you ever have any conversations with Carlos Barradas? A. No, I don't believe so. Q. Did you ever have any conversations with Uwe Koehler? A. I don't believe so. Q. Did you ever have any conversations with Edward Screven? A. Not that I recall. Q. Did you ever have any conversations with Greg Story? A. I don't think so. Q. Did you ever have any conversations with Dan Vardell?

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for that purpose, I should say. My understanding is that it was not going to be used for a direct measurement of -- direct quantification of a damage. So I -- I have an understanding of some aspects of the reports, but I have not read them. Q. Did you review any draft reports for any of Oracle's other experts before you -- before they were produced? A. No, I have not. Q. Did any of the other experts review your report prior to it being produced? A. Not that I'm aware of. Q. So you mentioned on the bottom of your "Information Considered" that you had "Conversations with Mandiant - various dates." Other -- setting that aside for a minute, other than Mandia and your lawyers, did you talk to anybody else in preparing your report -- and the people at AACG? A. Could you give me that list again? You just -- which group of people? Q. Yeah, sure. Other than your conversations with people at Mandiant and conversations with your lawyers and conversations with people at AACG, did

A. No, I don't think so. Q. Did you ever have any conversations with Russ Kawaguchi? A. No, I don't think so. Q. So other than Oracle's counsel, your lawyers, AACG, and Mandiant, is there anybody else you talked to in preparing your report? A. I think there might have been one call where Mr. Mandia was describing some of this background material and some of the other experts in the case were on the call, but I didn't have any conversation with them. Q. Did you ever have any -- was -- well, let me ask you this: Have you ever had any discussions with Francoise Tourniaire at FT Works? A. No. Q. Was she the person on the call? A. I -- I don't recall the names of the people that were on the call. Q. Did you ever have any discussions with Douglas Gary Lichtman? A. I don't think so. Q. He's a professor of law at UCLA. A. No. Q. And you don't recall him being on that

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