Oracle Corporation et al v. SAP AG et al

Filing 902

Witness List by Oracle USA Inc., Oracle International Corporation, Siebel Systems, Inc.. (Alinder, Zachary) (Filed on 9/23/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 902

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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 WITNESS LIST Date: Time: Place: Judge: September 30, 2010 9:30 a.m. 3rd Floor, Courtroom 3 Hon. Phyllis J. Hamilton

SAP AG, et al., Defendants.

ORACLE'S UPDATED WITNESS LIST
Dockets.Justia.com

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Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Siebel Systems, Inc. (collectively "Oracle") respectfully submit this Updated Witness List identifying witnesses to be called either live or by deposition at trial, pursuant to the Court's Pretrial Instructions, the Stipulated Revised Case Management Order ("Case Management Order") filed June 11, 2009 (Dkt. No. 325), the Parties' Trial Stipulation and Order (Dkt. No. 866), the Court's September 13 Order on Pretrial Issues (Dkt. No. 867), and Federal Rule of Civil Procedure 26(a). Pursuant to the Court's Pretrial Instructions, this list identifies all witnesses Oracle expects to call at trial, in person or by deposition, other than solely for impeachment or rebuttal purposes. Oracle reserves the right to call additional witnesses for purposes of impeachment or rebuttal at trial. Oracle also reserves the right to call any witness, either live or by deposition, identified on the witness lists of Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. (collectively "SAP"), and on both lists previously filed on August 5, 2010. Oracle's descriptions below intend to encompass all of Oracle's affirmative deposition designations, filed on August 5, 2010 pursuant to the Case Management Order. Oracle reserves the right to narrow or amend this Witness List to account for court rulings, further proceedings, further stipulations, or further meet and confer between the Parties. Contact information for each witness has been exchanged during the course of discovery. All Oracle affiliated witnesses must continue to be contacted through Oracle's counsel of record.

ORACLE'S WITNESS LIST Witness Ackermann, Norm Adler, Todd Allison, Richard Affiliation Oracle Oracle Oracle Brief Description of Substance of Testimony PeopleSoft products, development and support; Derivative works Copyright registrations; Copyright ownership/authorship Oracle license agreements; Oracle licensing practices, pricing and contracts; Oracle Websites and Terms of Use Copyrights Downloading investigation; Oracle support services 2
ORACLE'S UPDATED WITNESS LIST

Angioletti, Thomas Brook, Paul

Oracle Oracle

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Witness Catz, Safra

Affiliation Oracle

Brief Description of Substance of Testimony ERP software market and competition; PeopleSoft acquisition; Siebel acquisition; Oracle customer relationships; Oracle financial information; Hypothetical license expectations; Oracle support organization metrics and reports History and development of Oracle; Oracle business structure and management; Oracle product development information; Oracle software support; Oracle maintenance revenue; PeopleSoft acquisition; Siebel acquisition; Impact of SAP's acquisition of TN on Oracle; Harm to Oracle; ERP software competition/market; Hypothetical license expectations; Oracle financial results PeopleSoft products, development and support; Derivative works Downloading investigation; Damage/harm to Oracle data/systems Oracle corporate structure; Licensing; Inter-entity payments Downloading investigation; Damage/harm to Oracle data/systems Oracle corporate structure; Copyright ownership; Computer systems ownership; Oracle acquisition of Sun Microsystems Downloading investigation; Damage/harm to Oracle data/systems; Oracle support services; Customer Connection websites; Oracle Websites and Terms of Use; JD Edwards products, development and support Oracle business structure and management; PeopleSoft acquisition; Siebel acquisition; Impact of SAP's acquisition of TN on Oracle; Harm to Oracle; Oracle financial information; Oracle customer relationships; Oracle sales and marketing; Oracle maintenance revenue; Hypothetical license expectations

Ellison, Lawrence

Oracle

Fowler, Linda Kees, Jason Kishore, Ann Koehler, Uwe Mickelsen, Brady

Oracle Oracle Oracle Oracle Oracle

O'Shea, Julie

Oracle

Phillips, Charles

Oracle

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ORACLE'S UPDATED WITNESS LIST

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Witness Ransom, Buffy

Affiliation Oracle

Brief Description of Substance of Testimony Customer Connection website; Downloading investigation; Damage/harm to Oracle's data/systems; JD Edwards products, development and support; JD Edwards copyrights; Oracle licensing practices and contracts; Copyright ownership/authorship Oracle support services and materials; Software support industry; Third-party support providers; Oracle maintenance revenue; PeopleSoft acquisition; Siebel acquisition; Impact of SAP's acquisition of TN on Oracle; Oracle customer relationships; Oracle sales and marketing; Oracle support organization metrics and reports Oracle product development; PeopleSoft, JD Edwards, and Siebel product lines; Oracle Database Software products; Copyrights; Oracle business structure and management; Derivative works; Harm to Oracle; Oracle financial information; Oracle customer relationships; Oracle sales and marketing; Oracle copyrighted software and support materials Downloading investigation; Damage/harm to Oracle data/systems SAP's acquisition of TN; TN business case and projections; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of TN acquisition; Safe Passage and SAP TN marketing; SAP TN geographical and product expansions; ERP software competition/market; SAP corporate history and structure SAP's acquisition of TN; TN business case and projections; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of SAP TN acquisition; Safe Passage and SAP TN marketing; SAP TN geographical and product expansions; SAP and SAP TN post-litigation activities SAP's acquisition of TN; TN business case and projections; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of TN acquisition; Safe Passage and SAP TN marketing; SAP and SAP TN post-litigation activities

Rottler, Juergen

Oracle

Screven, Edward

Oracle

Veum, Marlene Agassi, Shai

Oracle SAP

Apotheker, Leo

SAP

Brandt, Werner

SAP

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ORACLE'S UPDATED WITNESS LIST

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Witness Breuer, Martin

Affiliation SAP

Brief Description of Substance of Testimony SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of SAP TN acquisition; Safe Passage and SAP TN marketing; SAP TN geographical and product expansions; SAP and SAP TN post-litigation activities SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; SAP and SAP TN post-litigation activities Safe Passage program; Benefits of TN acquisition; SAP's knowledge, oversight and direction of SAP TN's activities SAP's acquisition of TN; TN business case and projections; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of TN acquisition; Safe Passage and SAP TN marketing; SAP TN geographical and product expansions; SAP/TN post-litigation activities; ERP software market; SAP TN downloading from Oracle websites SAP's acquisition of TN SAP's acquisition of TN; TN business case and projections SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of TN acquisition; Safe Passage and SAP TN marketing; SAP/TN post-litigation activities; SAP TN geographical and product expansions SAP corporate history and structure; SAP's acquisition of TN SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities Oracle Database Software and SAP TN licenses; Oracle/SAP Reseller Agreement Oracle Database Software and SAP TN licenses; Oracle/SAP Reseller Agreement SAP's acquisition of TN SAP's acquisition of TN; Safe Passage and SAP TN marketing; SAP TN/Customer communications; SAP TN customer contracts and licensing 5

Crean, Tim Faye, Christopher

SAP SAP

Hurst, Terry

SAP

Kagermann, Henning

SAP

Mackey, James Oswald, Gerhard

SAP SAP

Plattner, Hasso Schmidt, Josef Scholten, Jochen Schraeder, Georg Shenkman, Arlen Trainor, Scott

SAP SAP SAP SAP SAP SAP

ORACLE'S UPDATED WITNESS LIST

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Witness Tseng, Stephen Welz, Bernd

Affiliation SAP SAP

Brief Description of Substance of Testimony SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; SAP TN geographical and product expansions SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of TN acquisition; Safe Passage and SAP TN marketing; SAP/TN post-litigation activities; Oracle Database Software and SAP TN licenses SAP's acquisition of TN; Safe Passage and SAP TN marketing SAP's acquisition of TN; TN business case and projections SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of TN acquisition; Safe Passage and SAP TN marketing; SAP and SAP TN post-litigation activities SAP TN business model and support services; TN copying, modification, public display, distribution and use of Oracle software and support materials SAP TN downloading from Oracle websites; TN copying, public display, modification, distribution and use of Oracle software; SAP TN business model and support services; SAP TN post-litigation activities; Oracle Database Software and SAP TN licenses; SAP TN spoliation and document destruction SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials SAP TN business model and support services; SAP TN/Customer communications; TN sales practices and results; Safe Passage and SAP TN marketing; SAP's knowledge, oversight and direction of SAP TN's activities SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials 6

White, Mark

SAP

Word, Jeff Zepecki, John Ziemen, Thomas

SAP SAP SAP

Arakib, Hadi

TomorrowNow

Baugh, John

TomorrowNow

Bowden, Matthew

TomorrowNow

Geib, Bob

TomorrowNow

Garcia, Larry

TomorrowNow

ORACLE'S UPDATED WITNESS LIST

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Witness Garcia, Melissa

Affiliation TomorrowNow

Brief Description of Substance of Testimony SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN downloading from Oracle websites; development and testing of TN automated download tools SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN business model and support services; SAP TN history and corporate structure; SAP TN post-litigation activities SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN business model and support services; SAP TN postlitigation activities; SAP TN spoliation and document destruction; SAP TN/Customer communications; SAP's knowledge, oversight and direction of SAP TN's activities SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN business model and support services Safe Passage and SAP TN marketing; TN customer communications; SAP's knowledge, oversight and direction of SAP TN's activities; SAP TN business model and support services SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials

Hyde, Catherine

TomorrowNow

Jones, Wanda

TomorrowNow

Kreutz, Mark

TomorrowNow

Lanford, Peggy

TomorrowNow

Loftus, Lesley

TomorrowNow

Martinez, Kimberly

TomorrowNow

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ORACLE'S UPDATED WITNESS LIST

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Witness Nelson, Andrew

Affiliation TomorrowNow

Brief Description of Substance of Testimony SAP TN history and corporate structure; SAP TN business model and support services; Third party support market; SAP TN copying, modification, distribution and use of Oracle software and support materials; Oracle Database Software and SAP TN licenses; SAP TN/Customer communications; SAP TN sales practices and results; SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; Safe Passage and SAP TN marketing; SAP TN geographical and product expansions; SAP and SAP TN post-litigation activities TN history and corporate structure; SAP TN business model and support services; SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; SAP TN downloading from Oracle websites; Development and testing of SAP TN automated download tools; SAP TN spoliation and document destruction; SAP and SAP TN postlitigation activities; Oracle Database Software and SAP TN licenses SAP TN history and corporate structure; SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution, public display and use of Oracle software and support materials; SAP TN business model and support services; SAP TN post-litigation activities; Oracle Database Software and SAP TN licenses; SAP TN/Customer communications; SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN business model and support services; SAP TN postlitigation activities; SAP TN geographical and product expansions; SAP's knowledge, oversight and direction of SAP TN's activities SAP TN business model; SAP's acquisition of TN; Safe Passage and SAP TN marketing; SAP TN/Customer communications; SAP TN customer contracts and licensing; SAP TN sales practices and results; SAP's knowledge, oversight and direction of SAP TN's activities 8

Nelson, Gregory

TomorrowNow

Nelson, Shelley

TomorrowNow

O'Neil, Owen

TomorrowNow

Osterloh, Eric

TomorrowNow

ORACLE'S UPDATED WITNESS LIST

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Witness Phillips, Spencer

Affiliation TomorrowNow

Brief Description of Substance of Testimony SAP TN business model; Safe Passage and SAP TN marketing; SAP TN/Customer communications; SAP TN customer contracts and licensing; SAP TN sales practices and results; SAP's knowledge, oversight and direction of SAP TN's activities SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials SAP TN business model and support services; SAP TN downloading from Oracle websites; development and testing of SAP TN automated download tools; SAP TN spoliation and document destruction SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN spoliation and document destruction; SAP TN postlitigation activities SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN downloading from Oracle websites SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN business model and support services; SAP TN history and corporate structure; SAP TN post-litigation activities; SAP TN spoliation and document destruction SAP TN business model and support services; SAP TN downloading from Oracle websites; SAP TN copying, modification, distribution and use of Oracle software and support materials SAP TN servers and network structure; SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials; Oracle Database Software and SAP TN licenses; SAP's knowledge, oversight and direction of SAP TN's activities SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN downloading from Oracle websites 9

Piper, Sharon

TomorrowNow

Ritchie, John

TomorrowNow

Russell, Roderic

TomorrowNow

Shankle, Keith

TomorrowNow

Surette, Peter

TomorrowNow

Tanner, John

TomorrowNow

Thomas, William

TomorrowNow

VonFeldt, Patti

TomorrowNow

ORACLE'S UPDATED WITNESS LIST

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Witness

Affiliation

Brief Description of Substance of Testimony

Williams, Kathy

TomorrowNow

SAP TN business model and support services; SAP TN copying, modification, distribution and use of Oracle software and support materials; SAP TN postlitigation activities; SAP's knowledge, oversight and direction of SAP TN's activities

Ravin, Seth

TomorrowNow/ SAP TN history and corporate structure; SAP TN Rimini Street business model and support services; SAP's acquisition of TN; SAP's knowledge, oversight and direction of SAP TN's activities; Safe Passage and SAP TN marketing; SAP TN geographical and product expansions; SAP TN/Customer communications; SAP TN sales practices and results; Rimini Street history and corporate structure; Rimini Street business model Baker Botts LLP Lexmark McLennan County NBC Universal Pepsi Americas, Inc. Travel Centers of America Waste Management Expert Baker Botts software licenses and software support services Lexmark software licenses and software support services McLennan County software licenses and software support services NBC Universal software licenses and software support services Pepsi software licenses and software support services Travel Centers software licenses and software support services Waste Management software licenses and software support services Statistical analyses supporting Mr. Mandia's analysis; analysis of regression analyses performed by Defendants' expert, Stephen Clarke Economic and public policy rationale for fair market value license of copyrighted materials, and as appropriate damages measure Copying, modification, distribution and use of Oracle software and support materials; nature and effect of access to Oracle websites 10
ORACLE'S UPDATED WITNESS LIST

Hallenberger, Tracy O'Donnell, Jeffrey Wasson, Robert Singh, Bruno Kreul, John Anderson, Mark Cooley, Paul Levy, Daniel

Lichtman, Douglas

Expert

Mandia, Kevin

Expert

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Witness Meyer, Paul Pinto, Paul Oracle Custodian(s) of Records Oracle Business Records Declarant(s)

Affiliation Expert Expert Oracle Oracle

Brief Description of Substance of Testimony Damages Avoided development costs, delays and risks Authentication and admission of documents, as needed Authentication and admission of documents, as needed Bingham McCutchen LLP By: /s/ Zachary J. Alinder Zachary J. Alinder Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Siebel Systems, Inc.

DATED: September 23, 2010

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ORACLE'S UPDATED WITNESS LIST