Oracle Corporation et al v. SAP AG et al

Filing 901

Proposed Form of Verdict by Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Alinder, Zachary) (Filed on 9/23/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 901

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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., v. Plaintiffs, Case No. 07-CV-01658 PJH (EDL) ORACLE'S UPDATED JURY VERDICT FORM Date: Time: Place: Judge: 1
ORACLE'S UPDATED JURY VERDICT FORM
Dockets.Justia.com

SAP AG, et al., Defendants.

September 30, 2010 9:30 a.m. 3rd Floor, Courtroom 3 Hon. Phyllis J. Hamilton
Case No. 07-CV-01658 PJH (EDL)

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Pursuant to the Court's Pretrial Instructions, this Court's September 13 Order on Pretrial Issues (Dkt. No. 867), and in light of the Court's recent order on the Parties' motions for partial summary judgment (Dkt. No. 762) and the Parties' Trial Stipulation and Order (Dkt. No. 866), Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Siebel Systems, Inc. (collectively, "Oracle") submit their proposed updated jury verdict form, attached hereto as Exhibit A, which contains no reference to submitting party. This submission updates Oracle's proposed jury verdict form, filed on August 5, 2010 (Dkt. No. 742). While reserving objections to the substance of Defendants' proposed jury verdict form for a later date, Oracle continues to object to the form of Defendants' submission of their proposed jury verdict form for at least two reasons. First, Defendants have not submitted a final and complete jury verdict form. Their proposed jury verdict form includes bracketed inserts to fill in later, stating "[Table of registrations actually asserted at trial.]." Based on the Parties' Trial Stipulation (Dkt. No. 866), the Parties have an agreed list of copyright registrations to include on the jury verdict form, so there is no reason why Defendants' proposed submission could not be submitted in final form. Second, even in the form submitted, Defendants' proposed jury verdict form contains 90 separate questions over 25 pages for the jury to consider. If Defendants had completed their form and included Oracle's 120 registrations for each of Defendants' 10 proposed bracket inserts that would have further expanded Defendants' submission to an estimated 65 pages. In short, the length and complexity of Defendants' proposed jury verdict form is unwarranted and would be prejudicial to Oracle. DATED: September 23, 2010 Bingham McCutchen LLP By: /s/ Zachary J. Alinder Zachary J. Alinder Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Siebel Systems, Inc.

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ORACLE'S UPDATED JURY VERDICT FORM

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

EXHIBIT A

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-01658 PJH (EDL) JURY VERDICT FORM

Ladies and gentlemen of the jury, it is your duty to answer the questions presented in this verdict form. Copyright Infringement 1. TomorrowNow agrees that it infringed all of the copyrights of Oracle

International Corporation ("Oracle International") listed in the eight tables below:
Title of Work PeopleSoft 8 Customer Relationship Management PeopleSoft 8.8 Customer Relationship Management PeopleSoft 8.8 Enterprise Performance Management PeopleSoft Financials, Distribution & Manufacturing 7.5 PeopleSoft 8 Financials and Supply Chain Management: Service Pack 2 PeopleSoft 8.4 Financials and Supply Chain Management PeopleSoft HRMS 7.0 PeopleSoft HRMS 7.5 PeopleSoft 8 HRMS SP1 PeopleSoft 8.3 HRMS PeopleSoft 8.8 HRMS PeopleSoft 8 Student Administration Solutions PeopleTools 7.5 PeopleTools 8.10 PeopleTools 8.4 Date of Registration September 27, 2001 June 11, 2004 June 11, 2004 December 15, 1998 September 27, 2001 August 5, 2002 December 15 1998 December 15, 1998 March 26, 2001 February 1, 2002 June 11, 2004 November 30, 2001 November 20, 1998 September 5, 2000 August 5, 2002 Registration Number TX-5-456-777 TX 6-015-317 TX-5-993-616 TX 4-792-574 TX-5-456-780 TX-5-586-247 TX 4-792-577 TX 4-792-575 TX 5-501-312 TX 5-469-032 TX 6-093-947 TX 5-431-289 TX 4-792-578 TX 5-266-221 TX 5-586-248

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Title of Work PeopleSoft 8.1 Customer Relationship Management PeopleSoft 8 EPM SP3 PeopleSoft 8.3 Enterprise Performance Management PeopleSoft 7.0 financials, distribution & manufacturing 7.0 PeopleSoft Financials and Supply Chain Management (FIN/SCM) 8.0 PeopleSoft 8 FIN/SCM SP1 PeopleSoft HRMS 8.0 PeopleTools 8.0 PeopleSoft Pension Administration 7 PeopleSoft Payroll 7 PeopleSoft Payroll Interface 7 PeopleSoft Time and Labor 7.0 PeopleSoft Benefits Administration 7.0 PeopleSoft Human Resources 7 PeopleSoft Payroll Interface 7 Higher Education PeopleSoft Time and Labor 7 PeopleSoft Benefits Administration 7.50 PeopleSoft Payroll Interface 7.50 PeopleSoft Pension Administration 7.50 PeopleSoft Human Resources 7.50 PeopleSoft Payroll 7.50 PeopleSoft Time and Labor 7.50 Table A-1: PeopleSoft Application Registrations

Date of Registration March 20, 2002 March 30, 2001 March 11, 2002 December 15, 1998 November 20, 2000 March 26, 2001 November 20, 2000 September 5, 2000 June 21, 1999 June 22, 1999 June 22, 1999 June 28, 1999 June 15, 1999 June 28, 1999 June 28, 1999 June 28, 1999 June 14, 1999 June 21, 1999 June 21, 1999 June 28, 1999 June 28, 1999 June 28, 1999

Registration Number TX 5-493-450 TX 5-345-698 TX 5-485-839 TX 4-792-576 TX 5-291-439 TX 5-501-313 TX 5-291-440 TX 5-266-222 TX 3-772-290 TX 4-501-140 TX 4-501-138 TX 4-994-866 TX 4-258-824 TX 4-994-865 TX 5-013-124 TX 5-013-128 TX 5-072-090 TX 3-772-292 TX 3-772-291 TX 5-013-123 TX 5-013-125 TX 4-994-867

Title of Work Date of Registration Registration Number Database of Documentary Customer Support July 1, 2009 TXu1-607-454 Materials for PeopleSoft Software PeopleTools Third Party Daylight Saving Time April 26, 2007 TX 6-541-019 Required Modifications PeopleTools Third Party Daylight Saving Time April 26, 2007 TX 6-541-018 Required Modifications (Revised) PeopleSoft 8.01 & 8.31 Payroll Tax Update 05-F May 2, 2008 TX 6-838-549 Year-End Processing: Canada PeopleSoft Payroll 1200457000 - User May 2, 2008 TX 6-838-537 Documentation PeopleSoft Application Update Installation May 2, 2008 TX 6-838-544 Instructions (UPD595817) Table A-2: Oracle Updates and Support Materials Registrations for Oracle's PeopleSoft-branded Products Title of Work Initial release of JD Edwards EnterpriseOne Xe Initial release of JD Edwards EnterpriseOne 8.0 Initial release of JD Edwards EnterpriseOne 8.10 Initial release of JD Edwards EnterpriseOne 8.11 Initial release of JD Edwards EnterpriseOne 8.12 Date of Registration April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 Registration Number TX 6-541-033 TX 6-541-050 TX 6-541-038 TX 6-541-028 TX 6-541-041

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Title of Work Initial release of JD Edwards World A7.3 Initial release of JD Edwards World A8.1 Current development environment for JD Edwards EnterpriseOne Xe Current development environment for JD Edwards EnterpriseOne 8.0 Current development environment for JD Edwards EnterpriseOne 8.9 Current development environment for JD Edwards EnterpriseOne 8.10 Current development environment for JD Edwards EnterpriseOne 8.11 Current development environment for JD Edwards EnterpriseOne 8.11 SP1 Current development environment for JD Edwards EnterpriseOne 8.12 Current development environment for JD Edwards World A7.3 Current development environment for JD Edwards World A8.1 Initial release of JD Edwards EnterpriseOne 8.9 Initial release of JD Edwards EnterpriseOne 8.11 SP1 Initial release of JD Edwards World A9.1 Accounts Payable program Accounts Receivable program Capacity Requirements Planning program Configuration Management program EDI Interface (6) program Enterprise Facility Planning program Equipment Management (5) program Financial Modeling, Budgeting & Allocations program Financial Reporting (FASTR) program General Ledger & Basic Financial program Inventory Management program Master Production Scheduling program Product Data Management program Purchase Order Processing program Sales Order Processing/Sales Analysis program Shop Floor Control program Warehouse Management program WorldCASE Development Environment program WorldCASE Foundation Environment (3) program Table A-3: J.D. Edwards Application Registrations Title of Work Cumulative Update 8 for JD Edwards EnterpriseOne Xe Cumulative Update 1 for JD Edwards EnterpriseOne 8.0 Cumulative Update 2 for JD Edwards

Date of Registration April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 April 26, 2007 May 1, 2007 April 26, 2007 April 26, 2007 April 26, 2007 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995 March 7, 1995

Registration Number TX 6-541-029 TX 6-541-047 TXu1-345-109 TXu1-345-111 TXu1-345-112 TXu1-345-113 TXu1-345-114 TXu1-345-115 TXu1-346-350 TXu1-345-110 TX 6-545-422 TX 6-541-049 TX 6-541-040 TX 6-541-030 TXu 619-320 TXu 619-312 TXu 619-307 TXu 619-305 TXu 619-304 TXu 619-311 TXu 619-309 TXu 619-321 TXu 619-318 TXu 619-310 TXu 619-314 TXu 619-306 TXu 619-317 TXu 619-316 TXu 619-315 TXu 619-303 TXu 619-313 TXu 619-308 TXu 619-319

Date of Registration April 26, 2007 April 26, 2007 April 26, 2007

Registration Number TX 6-541-048 TX 6-541-034 TX 6-541-032

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Title of Work Date of Registration EnterpriseOne 8.10 Cumulative Update 1 for JD Edwards April 26, 2007 EnterpriseOne 8.12 Cumulative Update 16 for JD Edwards World April 26, 2007 A7.3 Cumulative Update 6 for JD Edwards World May 1, 2007 A8.1 Cumulative Update 1 for JD Edwards April 26, 2007 EnterpriseOne 8.11 SP1 Table A-4: J.D. Edwards Cumulative Update Registrations

Registration Number TX 6-541-042 TX 6-541-031 TX 6-545-421 TX 6-541-039

Title of Work Date of Registration Registration Number Database of Documentary Customer Support July 1, 2009 TXu1-607-455 Materials for J.D. Edwards Software Changes to Daylight Savings Time for 2007 April 26, 2007 TX 6-541-025 (DST) ESU for JD Edwards EnterpriseOne Xe May 3, 2007 TX 6-541-051 ESU for JD Edwards EnterpriseOne 8.0 April 26, 2007 TX 6-541-046 ESU for JD Edwards EnterpriseOne 8.9 April 26, 2007 TX 6-541-036 ESU for JD Edwards EnterpriseOne 8.10 April 26, 2007 TX 6-541-037 ESU for JD Edwards EnterpriseOne 8.11 April 26, 2007 TX 6-541-035 ESU for JD Edwards EnterpriseOne 8.11 SP1 April 26, 2007 TX 6-541-027 ESU for JD Edwards EnterpriseOne 8.12 April 26, 2007 TX 6-541-045 Code Change for JD Edwards World A7.3 April 26, 2007 TX 6-541-043 Code Change for JD Edwards World A8.1 April 26, 2007 TX 6-541-044 E1: 07/77: Quantum for Payroll Tax v.280 April 26, 2007 TX 6-541-022 E1: 1099: Year 2006 1099 ESUs April 26, 2007 TX 6-541-024 EAP WTHD06: 1099 IRS changes for the year April 26, 2007 TX 6-541-023 2006 JD Edwards World -- 1099 Changes for Tax Year 2006 April 26, 2007 TX 6-541-026 ECRM89: Common Errors on Mobile Sales April 26, 2007 TX 6-541-020 GM--Grants issues resolved by FMS ESA 8.9 April 26, 2007 TX 6-541-021 Bundle #10-653723 (Oct 06) Table A-5: Oracle Updates and Support Materials Registrations for Oracle's J.D. Edwards-branded Products Title of Work Siebel 6.3 Initial Release and Documentation Siebel 7.0.5 Initial Release and Documentation Siebel 7.5.2 Initial Release and Documentation Siebel 7.7.1 Initial Release and Documentation Siebel 7.8 Initial Release and Documentation Siebel 8.0 Initial Release and Documentation Siebel 8.1.1 Initial Release and Documentation Table A-6: Siebel Application Registrations Date of Registration June 29, 2009 June 29, 2009 June 29, 2009 June 29, 2009 June 29, 2009 June 29, 2009 June 29, 2009 Registration Number TX 6-941-989 TX 6-941-988 TX 6-941-990 TX 6-941-993 TX 6-941-995 TX 6-942-000 TX 6-942-001

Title of Work Date of Registration Registration Number Database of Documentary Customer Support July 1, 2009 TXu1-607-453 Materials for Siebel Software Table A-7: Oracle Updates and Support Materials Registrations for Oracle's Siebel-branded Products

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Title of Work Oracle 8i Enterprise Edition, release 2 (8.1.6) Oracle9i Database Enterprise : Edition Release 2 Oracle Database 10g: Release 2 Oracle Relational Database Management System (RDBMS): Release 8.0.4 Oracle Relational Database Management System (RDBMS), Release 8.0.5 Oracle9i Database Enterprise : Edition Release 1 Oracle Database 10g: Release 1 Table A-8: Oracle Database Registrations

Date of Registration February 2, 2001 June 13, 2003 June 29, 2009 November 21, 2001 November 21, 2001 June 13, 2003 January 16, 2009

Registration Number TX 5-222-106 TX 5-673-282 TX 6-942-003 TX 5-392-842 TX 5-392-861 TX 5-673-281 TX 6-938-648

Vicarious Infringement 2. SAP AG agrees that it is vicariously liable to Oracle International for all of

TomorrowNow's infringement.

3.

SAP America agrees that it is vicariously liable to Oracle International for all of

TomorrowNow's infringement.

Contributory Infringement 4. Is it more likely than not that SAP AG is contributorily liable to Oracle

International for TomorrowNow's infringement? ("Yes" is a finding for Oracle International; "No" is a finding for SAP AG.) _____ Yes _____ No

5.

Is it more likely than not that SAP America is contributorily liable to Oracle

International for TomorrowNow's infringement? ("Yes" is a finding for Oracle International; "No" is a finding for SAP America.) _____ Yes _____ No

Computer Fraud and Abuse Act 6. TomorrowNow agrees that it is directly liable to Oracle USA for violating the

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Federal Computer Fraud and Abuse Act.

7.

TomorrowNow agrees that it is directly liable to Oracle International for violating

the Federal Computer Fraud and Abuse Act.

California Computer Data Access and Fraud Act 8. TomorrowNow agrees that it is directly liable to Oracle USA for violating the

California Computer Data Access and Fraud Act.

9.

TomorrowNow agrees that it is directly liable to Oracle International for violating

the California Computer Data Access and Fraud Act.

Breach of Contract 10. TomorrowNow agrees that it is directly liable to Oracle USA for breaching

contracts contained in Oracle USA's terms of use and causing harm to Oracle USA.

Intentional Interference With Prospective Economic Advantage 11. TomorrowNow agrees that it is directly liable to Oracle USA for intentionally

interfering with Oracle USA's prospective economic advantage.

12.

TomorrowNow agrees that it is directly liable to Oracle International for

intentionally interfering with Oracle International's prospective economic advantage.

Negligent Interference With Prospective Economic Advantage 13. TomorrowNow agrees that it is directly liable to Oracle USA for negligently

interfering with Oracle USA's prospective economic advantage.

14.

TomorrowNow agrees that it is directly liable to Oracle International for

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negligently interfering with Oracle International's prospective economic advantage.

Trespass to Chattels 15. chattels. Unjust Enrichment 16. TomorrowNow agrees that it was unjustly enriched at the expense of Oracle USA, TomorrowNow agrees that it is directly liable to Oracle USA for trespass to

Oracle International, and Siebel Systems.

Damages Please answer the questions below. 17. On its claims for copyright infringement, we award Oracle International

compensatory damages in the amount of ____________________.

18.

On its claims for violation of the CFAA and the CDAFA, we award Oracle USA

compensatory damages in the amount of _____________________.

19.

On its claims for violation of the CFAA and the CDAFA, we award Oracle

International compensatory damages in the amount of _____________________. Do not award duplicate damages for the same injury. If you have already awarded Oracle International damages on other claims that together fully compensate Oracle International on these claims, write "0" in the blank above, even though Defendants have conceded that TomorrowNow is liable on these claims. If you already awarded Oracle International damages on other claims, that together do not fully compensate Oracle International on these claims, write in the blank above the additional amounts that you find are necessary to fully compensate Oracle International on these claims.

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20.

On its claims for breach of contract, interference with prospective economic

advantage, negligent interference with prospective economic advantage, and trespass to chattels we award Oracle USA compensatory damages in the amount of _________________________. Do not award duplicate damages for the same injury. If you have already awarded Oracle USA damages on other claims that together fully compensate Oracle USA on these claims, write "0" in the blank above, even though Defendants have conceded that TomorrowNow is liable on these claims. If you already awarded Oracle USA damages on other claims, that together do not fully compensate Oracle USA on these claims, write in the blank above the additional amounts that you find are necessary to fully compensate Oracle USA on these claims.

21.

On its claims for intentional interference with prospective economic advantage

and negligent interference with prospective economic advantage, we award Oracle International compensatory damages in the amount of _________________________. Do not award duplicate damages for the same injury. If you have already awarded Oracle International damages on other claims that together fully compensate Oracle International on these claims, write "0" in the blank above, even though Defendants have conceded that TomorrowNow is liable on these claims. If you already awarded Oracle International damages on other claims, that together do not fully compensate Oracle International on these claims, write in the blank above the additional amounts that you find are necessary to fully compensate Oracle International on these claims.

22.

On their claims for unjust enrichment, we award Plaintiffs ________________.

Do not award duplicate damages for the same injury. If you have already awarded Plaintiffs damages on other claims that together award Plaintiffs the full amounts by which TomorrowNow was unjustly enriched, write "0" in the blank above, even though Defendants have conceded that TomorrowNow is liable on this claim.

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If you already awarded Plaintiffs damages on other claims, that together do not award Plaintiffs the full amounts by which TomorrowNow was unjustly enriched, write in the blank above the additional amounts that you find are necessary to fully compensate Plaintiffs on this claim.

Please answer the following question: 23. We find that TomorrowNow engaged in conduct that was malicious, oppressive,

fraudulent or in reckless disregard of Plaintiffs' rights: _____ Yes _____ No

If you answered "Yes" in response to question 24, please state the amount of punitive damages you award, if any, against TomorrowNow: 24. We award punitive damages in the amount of ____________________________.

Dated _______________________

______________________________________ Foreperson

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