Oracle Corporation et al v. SAP AG et al

Filing 926

Declaration of Jennifer Gloss in Support of 887 Plaintiffs' Administrative Motion to Permit Plaintiffs to File Under Seal Information Supporting Plaintiffs' Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke, 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. 926

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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 ADMINISTRATIVE MOTION TO PERMIT PLAINTIFFS TO FILE UNDER SEAL INFORMATION SUPPORTING REPLY IN SUPPORT OF PLAINTIFFS' MOTION NO. 1: TO EXCLUDE TESTIMONY OF DEFENDANTS' EXPERT STEPHEN CLARKE 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 the Declaration of Daniel S. Levy, Ph.D. in Support of Plaintiffs'

Reply to Defendants' Opposition to Plaintiffs' Motion No. 1: To Exclude Expert Testimony of Stephen K. Clarke ("Levy Declaration") at Figures 1, 2 and A.1. 3. Portions of the Levy Declaration, at Figures 1, 2 and A.1, reference a portion of

the analysis of Stephen Clarke, Defendants' expert on damages, that Oracle has previously requested be filed under seal. Mr. Clarke purports to analyze Oracle's profit margins using nonpublic Oracle financial information that was produced in discovery in this case. However, Mr. Clarke's analysis is based on incomplete, hypothetical scenarios, and the disclosure of his analysis and the results of his analysis may cause Oracle competitive harm by misleading Oracle's customers, partners, and other interested parties, such as investors and analysts, with respect to Oracle's current or future business strategy and profitability. Furthermore, Mr. Clarke distorts the data on which he relies in a way that obscures the true values of Oracle's costs and revenues. His transformation affects the scaling of the numbers so that someone examining the data, as it is presented, may reach the wrong conclusion about the current value of Oracle's costs and revenues. Accordingly, the disclosure of this information would create a risk of significant competitive injury and particularized harm and prejudice to Oracle. 4. Oracle has continued to protect and treat the information in the specific portions

of the Levy Declaration identified in paragraph 3 above as confidential information. Further, Oracle has previously requested that related information be filed under seal in both the August 19, 2010 Declaration of Daniel S. Levy, Ph.D. in Support of Motion No. 1: To Exclude Testimony of Defendants' Expert Stephen Clarke and the September 9, 2010 Declaration of Stephen K. Clarke in Support of Defendants' Opposition to Plaintiffs' Motion No.