Oracle Corporation et al v. SAP AG et al

Filing 918

Declaration of Jennifer Gloss in Support of 739 Plaintiffs' Administrative Motion to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs Motions in Limine, Filed Pursuant to Dkt. No. 915 filed by Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Alinder, Zachary) (Filed on 10/4/2010) Modified on 10/5/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 918

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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) v. Plaintiffs, DECLARATION OF JENNIFER GLOSS IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING PLAINTIFFS' MOTIONS IN LIMINE FILED PURSUANT TO DKT. NO. 915
Case No. 07-CV-01658 PJH (EDL)

SAP AG, et al., Defendants.

DECLARATION OF JENNIFER GLOSS IN SUPPORT OF ADMINISTRATIVE MOTION TO SEAL
Dockets.Justia.com

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I, Jennifer Gloss, declare as follows: 1. I am an attorney licensed to practice law in the State of California and am Senior

Corporate Counsel at Oracle America, Inc., successor to Oracle USA, Inc. ("Oracle"). I have personal knowledge of the facts stated within this Declaration and could testify competently to them if required. 2. I have reviewed Plaintiffs' Motions in Limine and Exhibit X to the Declaration of

Thomas S. Hixson In Support of Plaintiffs' Motions in Limine ("Exhibit X"). Exhibit X contains non-public, commercially sensitive, private and confidential Oracle and third-party information, the disclosure of which would create a risk of significant competitive injury and particularized harm and prejudice to Oracle. 3. Exhibit X contains exemplary excerpts from the final cumulative version of a

voluminous and detailed compilation maintained at Oracle called its "At Risk" Report. Even the excerpted "At Risk" Report contains highly sensitive internal Oracle pricing and customer negotiation history and strategy for over a hundred specific customers. Furthermore, the summary charts and figures compile and summarize similarly sensitive information for hundreds of other customers not reflected in the exemplar screenshots. The public disclosure of this information would grant Oracle's actual and potential competitors and customers access to nonpublic and commercially sensitive information about Oracle's support pricing, business vulnerabilities, and practices. Such information could unfairly be used to compete with Oracle or to extract unfair leverage in licensing and support negotiations. Such disclosure would create a risk of significant competitive injury and particularized harm and prejudice to Oracle. Exhibit X also contains information which many of the non-interested third-party customers reflected in the Report might consider confidential, and in an effort to respect their information, Oracle has filed Exhibit X under seal. 4. Pages 14:27-15:1 and 15:3-4 of Plaintiffs' Motions in Limine quote from the

document identified in paragraph 3 above. Oracle has filed this information under seal in an effort to respect non-interested third parties' potentially confidential information. 2
Case No. 07-CV-01658 PJH (EDL)

DECLARATION OF JENNIFER GLOSS IN SUPPORT OF ADMINISTRATIVE MOTION TO SEAL