Oracle Corporation et al v. SAP AG et al

Filing 922

Declaration of Zachary J. Alinder in Support of 784 Plaintiffs' Administrative Motion to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs' Daubert Motions, Oppositions to Defendants' Motions in Limine and 17 U.S.C. 410(c) Motion, 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. 922

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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 ZACHARY J. ALINDER IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL INFORMATION SUPPORTING PLAINTIFFS' DAUBERT MOTIONS, OPPOSITIONS TO DEFENDANTS' MOTIONS IN LIMINE AND 17 U.S.C. § 410(C) MOTION FILED PURSUANT TO DKT. NO. 915
Case No. 07-CV-01658 PJH (EDL)

SAP AG, et al., Defendants.

DECLARATION OF ZACHARY J. ALINDER ISO PLAINTIFFS' ADMINISTRATIVE MOTION TO SEAL
Dockets.Justia.com

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I, Zachary J. Alinder, declare: 1. I am a partner in the law firm of Bingham McCutchen LLP and counsel of record

for Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. (collectively "Oracle" or "Plaintiffs") in the above-captioned action. I am a member in good standing of the state bar of California and admitted to practice before this Court. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 2. Pursuant to Civil Local Rule 79-5 and the stipulated Protective Order entered on

June 6, 2007 in this case, I make this Declaration in support of Plaintiffs' Administrative Motion to File Under Seal Information Supporting Plaintiffs' Daubert Motions, Plaintiffs' Oppositions to Defendants' Motions in Limine, and Plaintiffs' 17 U.S.C. § 410(c) Motion ("Administrative Motion"). Defendants' Confidential Information Requested to be Filed Under Seal 3. At the request of SAP AG, SAP America, Inc., and TomorrowNow, Inc.

(together, "Defendants"), Oracle's Administrative Motion asks that the Court order the sealing of the information identified in Paragraph 4 below. The requested relief is necessary and narrowly tailored to protect the alleged confidentiality of the materials put at issue by Plaintiffs' Administrative Motion until such time as Defendants may submit a declaration in accordance with Civil Local Rule 79-5(d), and the Court makes a final ruling as to confidentiality of the relevant subject matter. 4. Specifically, Defendants have requested that Oracle seal: Portions of Exhibit A to

the Declaration of Holly H. House in Support of Plaintiffs' Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke at pages 51, 126 and 244-247. 5. Further, Plaintiffs believe that portions of the Levy Declaration in Support of

Plaintiffs' Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke may contain information that Defendants consider confidential. In light of this, Plaintiffs are submitting the Levy Declaration and Exhibits 1-7 thereto under seal so that Defendants may have 2

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

DECLARATION OF ZACHARY J. ALINDER IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO SEAL

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an opportunity to review the Levy Declaration and Exhibits, and file a declaration in support of sealing portions or all of the Levy Declaration, as appropriate. Oracle's Confidential Information Requested to be Filed Under Seal 6. Court sealing: · portions of Exhibit A to the Declaration of Holly H. House in Support of Plaintiffs' Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke at pages 146-148, 232 and Table 16; · portions of the Levy Declaration in Support of Plaintiffs' Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke at paragraphs 8-17, 24-25, Figures 1, 2, 4, 5, and 6, and Appendix 2; · portions of Exhibit D at 11:2-4 and Exhibits N, P, Q, R and T in full to the Russell Declaration in Support of Plaintiffs' Opposition to Defendants' Motions in Limine; and, · Exhibits A-D and F-H to the Declaration of John A. Polito in Support of Plaintiffs' 17 U.S.C. § 410(c) Motion. 7. Plaintiffs' request for sealing in the Administrative Motion is also supported by Through the Administrative Motion, Plaintiffs also request an order from the

the Declaration of Jennifer Gloss in Support of Plaintiffs' Administrative Motion and the Stipulation to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs' Daubert Motions, Oppositions to Defendants' Motions in Limine, and 17 U.S.C. § 410(c) Motion, both filed concurrently with this Declaration. I declare under the laws of the United States and the State of California that the foregoing is true and correct and that this Declaration was executed on August 19, 2010, in San Francisco, California. _ /s/ _Zachary J. Alinder____________ Zachary J. Alinder

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

DECLARATION OF ZACHARY J. ALINDER IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO SEAL