Oracle Corporation et al v. SAP AG et al

Filing 929

Declaration of Tharan Gregory Lanier in Support of 928 Defendants' Oppositions to Plaintiffs' Motions in Limine [Filed Pursuant to D.I. 915 ] filed by SAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32)(Related document(s) 915 ) (Froyd, Jane) (Filed on 10/4/2010) Modified on 10/5/2010 (vlk, COURT STAFF).

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Oracle Corporation et al v. SAP AG et al Doc. 929 Att. 15 EXHIBIT 15 Dockets.Justia.com RICHARD CUMMINS September 16, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY Page 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION --O0o-ORACLE CORPORATION, a Delaware Corporation; ORACLE, USA, INC., a Colorado Corporation, and ORACLE INTERNATIONAL CORPORATION, a California Corporation, Plaintiffs, Vs. No. 07-CV-01658-PJH (EDL) SAP AG, a German Corporation, SAP AMERICA, INC., a Delaware CORPORATION, TOMORROWNOW, INC., a Texas Corporation, and DOES 1-50, Inclusive, Defendants. _______________________________/ VIDEOTAPED RULE 30(b)(6) DEPOSITION OF ORACLE CORPORATION Designee: RICHARD CUMMINS ___________________________ Tuesday, September 16, 2008 Volume I, Pages 1 - 255 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY Reported By: Job 412495 WENDY E. ARLEN, CSR #4355, CRR, RMR Merrill Legal Solutions (800) 869-9132 e6a0856a-0ee4-4b35-a1bf-ca20af8a26bc RICHARD CUMMINS September 16, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY Page 212 TEXT REMOVED - NOT RELEVANT TO MOTION 15:57 4 5 6 7 8 Q. Have you done any kind of reports based on the report that say here are the customers we've lost and here's why? A. Q. Yes. And what kind of -- and that's included in 15:57 9 10 11 12 13 some other report. A. That was -- that's included in the updates that I indicated earlier we give to Juergen Rottler. Q. A. Q. what? A. Those are the quarterly updates? Yes. And what -- those documents are entitled Do they have a specific title? I provide a couple of slides into the kind of So I don't 15:57 14 15 16 17 18 an overall deck that goes to Juergen. know the title of that. Q. A. 15:58 19 20 21 22 23 How do you convey them to Juergen, by e-mail? Through Yamilet Torres. She e-mails that for Juan's group. Q. A. Q. A. So you send them to her? Yes. By e-mail? Yes. 15:58 24 25 Merrill Legal Solutions (800) 869-9132 e6a0856a-0ee4-4b35-a1bf-ca20af8a26bc RICHARD CUMMINS September 16, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY Page 213 1 2 3 15:58 4 5 6 7 8 15:58 9 10 11 12 13 15:58 14 15 16 17 18 15:59 19 20 21 22 23 15:59 24 25 Q. And do you have a practice of routinely listing all the customers lost to TomorrowNow? MS. HOUSE: THE WITNESS: Objection, vague. Yeah. It's -- it depends on what Juergen really wanted to see and what was pertinent that month. If it was overall losses, it So it depended was large customers that were lost. on what the focus was for a given month or a given quarter. Q. MR. McDONELL: Have you -- have you done an analysis of -- I mean, a sort of a bottom line analysis of customers lost to TomorrowNow? MS. HOUSE: THE WITNESS: Objection, vague. We've -- over time there has been several times where we've quantified those customers who have gone to TomorrowNow. Q. that? MR. McDONELL: And in what form have you done Is it a document or part of the at risk report or what? A. It normally is in the context of these updates we give to Juergen. Q. And those updates also have some information on returning customers. A. do. Depending on the quarter, yes, sometimes they Merrill Legal Solutions (800) 869-9132 e6a0856a-0ee4-4b35-a1bf-ca20af8a26bc RICHARD CUMMINS September 16, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY Page 216 TEXT REMOVED - NOT RELEVANT TO MOTION 13 16:03 14 15 16 17 18 16:04 19 20 21 22 23 Q. So you were reporting on this for Oracle worldwide. A. Q. We were. And how was the data coming into you worldwide? A. It was coming in through support sales reps. And so globally a support sales rep, if they came across a customer that was deemed to be at risk, they would submit that information into Beth Shippy. Q. A. And how would they do that? Via e-mail. TEXT REMOVED - NOT RELEVANT TO MOTION Merrill Legal Solutions (800) 869-9132 e6a0856a-0ee4-4b35-a1bf-ca20af8a26bc RICHARD CUMMINS September 16, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY TEXT REMOVED - NOT RELEVAN

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