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).

Oracle Corporation et al v. SAP AG et al

Doc. 929 Att. 27

EXHIBIT 27

Dockets.Justia.com

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Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) DEFENDANTS' RESPONSE TO PLAINTIFFS' FIFTH SET OF REQUESTS FOR ADMISSION TO DEFENDANTS TOMORROWNOW, INC., SAP AG, AND SAP AMERICA, INC. CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
DEFENDANTS' RESP. TO PLAINTIFFS' 5th SET OF REQUESTS FOR ADMISSION Case No. 07-CV-1658 PJH (EDL)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST NO. 1:

TEXT REMOVED - NOT RELEVANT TO MOTION

REQUESTS FOR ADMISSION

Admit that Defendants know of no technical way to determine which Customer's Customer Connection credentials were used to download any given Software and Support Material on SAP TN's systems.1 RESPONSE TO REQUEST NO. 1: Defendants object to this request on the grounds stated in the General Objections and Responses. Defendants further object to this request as vague and ambiguous due to the phrases "technical way" and "SAP TN's systems." Moreover, Defendants object that the request is unduly burdensome and improperly attempts to shift the burden to Defendants to evaluate each and every file on TomorrowNow's systems where the effort associated with responding to this request is substantially similar for the parties, especially because the available documents, data and other information sought from which the answer, if any, could be derived in response to this request have been produced by Defendants in response to Plaintiffs' other discovery requests and thus any relevant, available information is now as equally accessible to Plaintiffs as it is to Defendants. Defendants object that this request calls for information within the control, custody, or possession of Plaintiffs. Subject to, and without waiving the foregoing objections, Defendants respond as follows: ADMITTED on the following qualified basis: Defendants ADMIT that Defendants have always acknowledged that there is no known technical way to specifically tie a downloaded item on TomorrowNow's systems to a Customer Connection ID and password. As far as Defendants have been able to determine, the downloaded files neither contain any physical electronic tagging in the file itself, nor any file-based metadata associated with each file that provides both the exact username and password that was used to download each file. It was TomorrowNow's policy to See, e.g., Defendants' Opposition to Plaintiffs' Motion to Compel Production of documents Related to Damages Model and Interrogatory Responses Related to Use of Plaintiffs' Intellectual Property, July 14, 2009, Dkt. 334, p. 7, fn. 9 7
DEFENDANTS' RESP. TO PLAINTIFFS' 5th SET OF REQUESTS FOR ADMISSION Case No. 07-CV-1658 PJH 1

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only download materials for customers before their maintenance end dates using a Customer Connection ID and password provided by that customer and to only download materials for that customer that were related to those products for which the customer had informed TomorrowNow they were licensed. To the extent this request is not admitted, it is DENIED.

TEXT REMOVED - NOT RELEVANT TO MOTION

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DEFENDANTS' RESP. TO PLAINTIFFS' 5th SET OF REQUESTS FOR ADMISSION Case No. 07-CV-1658 PJH

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P R O O F O F SERVICE
I, L a u r i e P a i g e B u r n s , declare:

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I a m a citizen o f t h e U n i t e d States and e m p l o y e d in S a n F r a n c i s c o C o u n t y , California. I
am o v e r t h e a g e o f e i g h t e e n y e a r s a n d n o t a party to t h e w i t h i n - e n t i t l e d action. M y b u s i n e s s a d d r e s s is 555 C a l i f o r n i a Street, 2 6 t h Floor, S a n F r a n c i s c o , C a l i f o r n i a 9 4 1 0 4 . O n N o v e m b e r 23, 2009, I served a c o p y o f the attached document(s):

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DEFENDANTS' RESPONSES T O P L A I N T I F F S ' F I F T H S E T O F R E Q U E S T S F O R ADMISSIONS T O DEFENDANTS

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b y t r a n s m i t t i n g v i a f a c s i m i l e t h e d o c u m e n t ( s ) l i s t e d a b o v e t o t h e fax n u m b e r ( s ) s e t f o r t h b e l o w o n t h i s d a t e b e f o r e 5:00 p . m . b y p l a c i n g t h e d o c u m e n t ( s ) listed a b o v e in a sealed e n v e l o p e and c a u s i n g s u c h e n v e l o p e t o be hand delivered t o the o f f i c e o f the a d d r e s s e e o n t h e d a t e specified above. b y t r a n s m i t t i n g v i a e - m a i l o r e l e c t r o n i c t r a n s m i s s i o n t h e d o c u m e n t ( s ) listed a b o v e t o t h e p e r s o n ( s ) a t t h e e - m a i l a d d r e s s ( e s ) s e t forth b e l o w . D o n n Pickett, Esq. G e o f f r e y M. H o w a r d , E s q . H o l l y H o u s e , Esq. Z a c h a r y J. Alinder, Esq. B r e e Hann, Esq. BINGHAM McCUTCHEN LLP Three Embarcadero Center San Francisco, C A 94111-4067 [e-mail] [e-mail] [e-mail] [e-mail]

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E x e c u t e d o n N o v e m b e r 23, 2 0 0 9 , a t S a n F r a n c i s c o , C a l i f o r n i a .

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D E F E N D A N T S ' RESP. T O PLAINTIFFS' 5th SET OF REQUESTS FOR ADMISSION Case No. 0 7 · C V · 1 6 5 8 PJH