Oracle Corporation et al v. SAP AG et al

Filing 899

Defendants' Revised Trial Witness List by Tomorrownow Inc, SAP America Inc, SAP AG . (Froyd, Jane) (Filed on 9/23/2010) Modified on 9/24/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 899

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Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) DEFENDANTS' REVISED TRIAL WITNESS LIST

DEFENDANTS' REVISED TRIAL WITNESS LIST Case No. 07-CV-1658 PJH (EDL)

Dockets.Justia.com

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Pursuant to the Court's Pretrial Instructions, Defendants submitted on August 5, 2010 a trial witness list indicating all of those witnesses whom Defendants expect to call at trial, either in person or by deposition. See ECF No. 741. In light of the Court's recent order on the Parties' motions for partial summary judgment (ECF No. 762), the Parties' Trial Stipulation and Order (ECF No. 866), and the Parties' ongoing efforts to narrow this case for trial, Defendants submit as Exhibit "A," attached hereto and incorporated by reference as if fully set forth herein, a revised trial witness list, which removes 42 witnesses from Defendants' August 5, 2010 trial witness list. As with Defendants' August 5, 2010 trial witness list, the attached revised trial witness list should be considered to include testimony within the scope of Defendants' deposition designations. Certain witnesses named in the attached list provided all or some of their deposition testimony in a representative capacity (i.e., under Fed. R. Civ. P. 30(b)(6)) on behalf of a party or third party entity and that fact is noted on the face of their deposition transcript. In those instances, the designated witness shall be deemed to be the entity on whose behalf the individual provided the deposition testimony. The attached revised trial witness list is based on the claims and defenses remaining in this case and may be updated in light of the parties' continuing efforts to streamline trial and depending on the Court's rulings on pending motions in limine and Daubert motions, as well as any guidance provided by the Court at the September 30, 2010 pretrial conference. Thus, Defendants reserve the right to add, remove, or re-designate as appearing live or by deposition witnesses identified on Defendants' revised trial witness list. Moreover, consistent with this Court's orders, the attached list does not necessarily include all those witnesses whom Defendants may call at trial solely for impeachment or rebuttal.

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DEFENDANTS' REVISED TRIAL WITNESS LIST Case No. 07-CV-1658 PJH (EDL)

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Dated: September 23, 2010

Respectfully submitted, Jones Day

By: /s/ Tharan Gregory Lanier Tharan Gregory Lanier Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC.

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DEFENDANTS' REVISED TRIAL WITNESS LIST Case No. 07-CV-1658 PJH (EDL)

EXHIBIT A

ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' REVISED WITNESS LIST
WITNESS Abbo, Edward Agassi, Shai SUBSTANCE OF TESTIMONY Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing TN acquisition; SAP and TN competition with Oracle; SAP's interactions with TN; SAP sales and marketing; SAP's products and services; Causation and damages Plaintiffs' agreements; Plaintiffs' sales and marketing Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing; Plaintiffs' business operations; Plaintiffs' competitive intelligence regarding TN; Causation and damages Causation and damages; Travel Centers of America Causation and damages; Honeywell TN's services; TN's business operations; TN's computer systems TN acquisition; TN's business operations; SAP's interactions with TN; SAP's financials and customer information; Causation and damages Causation and damages; Sara Lee TN's services; TN's business operations; SAP's interactions with TN SAP sales and marketing; SAP's products and services; Causation and damages Plaintiffs' financials and customer information; Causation and damages; Oracle's acquisitions of PeopleSoft and Siebel Expert report and related issues Causation and damages; Waste Management Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' agreements; Plaintiffs' sales and marketing; Plaintiffs' competitive intelligence regarding TN; SAP and TN competition with Oracle; Causation and damages Authentication and admission of documents as needed

Allison, Richard Andersen, Jesper

Anderson, Mark Bailey, Thomas Baugh, John Brandt, Werner

Brazile, Steven Breuer, Martin Carey, Thomas Catz, Safra Clarke, Stephen Cooley, Paul Cummins, Richard

Custodian(s) or Declarant(s) of Record

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ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' REVISED WITNESS LIST
WITNESS Ellison, Larry SUBSTANCE OF TESTIMONY Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' agreements; Plaintiffs' financials and customer information; Plaintiffs' claims against SAP and TN; Plaintiffs' business operations; SAP and TN competition with Oracle; Causation and damages; Oracle's acquisitions of PeopleSoft and Siebel TN acquisition; TN's business operations; SAP's interactions with TN Expert report and related issues TN's services; TN's business operations; TN's computer systems; Causation and damages Expert report and related issues TN's business operations; TN sales and marketing; TN's financials and customer information; SAP and TN competition with Oracle; SAP's interactions with TN; Causation and damages SAP sales and marketing Expert report and related issues Causation and damages; Baker Botts Causation and damages; Apria Healthcare Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing; Plaintiffs' claims against SAP and TN; Plaintiffs' investigation of TN; Plaintiffs' business operations; Plaintiffs' competitive intelligence regarding TN; SAP and TN competition with Oracle; Causation and damages Plaintiffs' knowledge of TN; Plaintiffs' investigation of TN; Plaintiffs' competitive intelligence regarding TN SAP sales and marketing TN's services; TN's business operations; TN's computer systems Causation and damages; Electrolux Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' agreements; Plaintiffs' sales and marketing; Plaintiffs' competitive intelligence regarding TN; Causation and damages
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Faye, Christopher Funck, Gary Garafola, Michael Garmus, David Geib, Bob

Graf, Peter Gray, Stephen Hallenberger, Tracy Harrel, Robyn Henslee, Robbin

Homs, Charles Hurst, Terry Hyde, Catherine Jerome, Daniel Jones, Juan

ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' REVISED WITNESS LIST
WITNESS Kagermann, Henning SUBSTANCE OF TESTIMONY TN acquisition; SAP and TN competition with Oracle; SAP's interactions with TN; SAP's financials and customer information; Causation and damages Plaintiffs' financials and customer information; Causation and damages; Oracle's acquisitions of PeopleSoft and Siebel SAP sales and marketing; SAP's products and services; Causation and damages Plaintiffs' knowledge of TN; Plaintiffs' collection and retention of documents; Plaintiffs' claims against SAP and TN; Plaintiffs' computer systems; Plaintiffs' investigation of TN; Plaintiffs' business operations; Causation and damages Causation and damages; Pepsi America TN's services; TN's business operations; TN's computer systems; SAP's interactions with TN; Causation and damages TN's services; TN's business operations; TN's computer systems TN's services; TN's business operations Plaintiffs' computer systems; TN's services; TN's business operations; TN's computer systems TN's business operations; TN sales and marketing; SAP and TN competition with Oracle; SAP's interactions with TN; Causation and damages Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing; Plaintiffs' collection and retention of documents; Plaintiffs' investigation of TN; Plaintiffs' competitive intelligence regarding TN; Causation and damages TN acquisition; SAP and TN competition with Oracle; SAP's interactions with TN SAP sales and marketing; SAP's products and services; Causation and damages SAP and TN competition with Oracle; SAP's interactions with TN; SAP's financials and customer information; SAP sales and marketing; SAP's products and services; Causation and damages

Kehring, Douglas Kobliska, Mary Koehler, Uwe

Kreul, John Kreutz, Mark Lanford, Peggy Lester, Beth Lester, George Ludlam, Robert

Lyskawa, Nancy

Mackey, James McCloskey, Mike McDermott, Bill

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ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' REVISED WITNESS LIST
WITNESS Nelson, Andrew SUBSTANCE OF TESTIMONY TN acquisition; TN's services; TN's business operations; TN sales and marketing; TN's financials and customer information; TN's computer systems; SAP and TN competition with Oracle; SAP's interactions with TN; Causation and damages TN's services; TN's business operations; TN sales and marketing; TN's computer systems; SAP and TN competition with Oracle Causation and damages; Lexmark TN's business operations; TN sales and marketing; TN's financials and customer information; SAP and TN competition with Oracle; SAP's interactions with TN Plaintiffs' products and services; Plaintiffs' agreements; Plaintiffs' sales and marketing; Plaintiffs' financials and customer information; Plaintiffs' claims against SAP and TN; Plaintiffs' business operations; Causation and damages SAP and TN competition with Oracle; SAP's products and services; Causation and damages Plaintiffs' agreements; Plaintiffs' business operations; Copyrights at issue; Causation and damages Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' agreements; Plaintiffs' sales and marketing; Plaintiffs' business operations; TN acquisition; TN's services; TN's business operations; TN sales and marketing; SAP and TN competition with Oracle; SAP's interactions with TN; Causation and damages Expert report and related issues Causation and damages; Amgen Plaintiffs' products and services; Plaintiffs' knowledge of TN; Plaintiffs' agreements; Plaintiffs' sales and marketing; Plaintiffs' collection and retention of documents; Plaintiffs' business operations; Plaintiffs' competitive intelligence; Causation and damages Plaintiffs' products and services; Plaintiffs' financials and customer information; Plaintiffs' business operations; SAP and TN competition with Oracle; Causation and damages
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Nelson, Shelley O'Donnell, Jeffrey Osterloh, Eric

Phillips, Charles

Plattner, Hasso Poplack, Michael Ravin, Seth

Reifer, Donald Restmeyer, Dan Rottler, Juergen

Rozwat, Charles

ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' REVISED WITNESS LIST
WITNESS Russell, Roderic Shander, Stephen Shankle, Keith Shenkman, Arlen Shippy, Elizabeth SUBSTANCE OF TESTIMONY TN's services; TN's business operations SAP sales and marketing; SAP's products and services; Causation and damages TN's services; TN's business operation; TN's computer systems TN acquisition; SAP's interactions with TN Plaintiffs' knowledge of TN; Plaintiffs' sales and marketing; Plaintiffs' financials and customer information; Plaintiffs' collection and retention of documents; Plaintiffs' investigation of TN; Plaintiffs' business operations; Causation and damages Plaintiffs' sales and marketing; Causation and damages Causation and damages; NBC Universal Expert report and related issues Expert report and related issues SAP sales and marketing; SAP's products and services; Causation and damages TN's services; TN's business operations; TN's computer systems; SAP's interactions with TN TN acquisition; TN's business operations; SAP's interactions with TN Expert report and related issues Causation and damages; McLennan County SAP and TN competition with Oracle; SAP's interactions with TN; SAP's financials and customer information; SAP sales and marketing; SAP's products and services; Causation and damages SAP sales and marketing TN's services; TN's business operations; TN sales and marketing; TN's financials and customer information; TN's computer systems; SAP and TN competition with Oracle; SAP's interactions with TN; SAP's financials and customer information; Causation and damages SAP's interactions with TN; SAP's products and services
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Sim, Judith Singh, Bruno Sommer, Brian Spencer, Bruce Subramanian, Rocky Thomas, William Tseng, Stephen Vandaele, Walter Wasson, Robert Welz, Bernd

Wendell, Michael White, Mark

Wieditz, Uwe

ORACLE USA, INC. ET AL. v SAP AG ET AL.
USDC -- NORTHERN DIST. OF CALIFORNIA
Case No. C 07 1658 PJH (EDL)

DEFENDANTS' REVISED WITNESS LIST
WITNESS Williams, Kathy Wittenbrink, Mark Wookey, John Zepecki, John Ziemen, Thomas SUBSTANCE OF TESTIMONY TN's services; TN's business operations SAP sales and marketing; SAP's products and services; Causation and damages Plaintiffs' products and services; Plaintiffs' sales and marketing; Causation and damages TN acquisition TN acquisition; TN's services; TN's business operations; TN sales and marketing; TN's financials and customer information; SAP and TN competition with Oracle; SAP's interactions with TN; SAP's financials and customer information; SAP sales and marketing; SAP's product and services; Causation and damages

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