Oracle Corporation et al v. SAP AG et al

Filing 931

Declaration of Elaine Wallace in Support of 930 Motion to Exclude Expert Testimony of Paul K. Meyer [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)(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. 931 Att. 17

EXHIBIT 17

Dockets.Justia.com

WERNER BRANDT HIGHLY

November 12, 2008 CONFIDENTIAL
Page 1

HIGHLY

CONFIDENTIAL

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION -----------------------------------x ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation, Plaintiffs, -againstSAP AG, a German corporation, SAP AMERICA, INC., a Delaware corporation, TOMORROWNOW, INC., a Texas corporation, and DOES 1-50, inclusive, Defendants. -----------------------------------x November 12, 2008 9:14 a.m. Videotaped deposition of WERNER BRANDT, taken by Plaintiffs, pursuant to notice, at the offices of Bingham McCutchen, LLP, 399 Park Avenue, New York, New York, before Jack Finz and Otis Davis, Shorthand Reporters and Notaries Public within and for the State of New York. No. 07-CV-1658 (PJH)

Merrill Legal Solutions [phone]

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WERNER BRANDT HIGHLY

November 12, 2008 CONFIDENTIAL
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Q. Are you generally involved from the outset of SAP's consideration of a potential acquisition target? Merrill Legal Solutions [phone]

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WERNER BRANDT HIGHLY

November 12, 2008 CONFIDENTIAL
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WERNER BRANDT - HIGHLY CONFIDENTIAL A. Generally, yes. Q. Do you direct the due diligence? A. Jim Mackey and his team are responsible for doing the due diligence for each project, and I monitor the due diligence and provide input and advice. Input and advice. Q. Do you participate in the determination of how much SAP should offer to acquire the company? A. Yes. Q. Do you create or review financial forecasts related to the acquisition target? A. I don't prepare forecasts. I review forecasts for plausibility.

TEXT REMOVED - NOT RELEVANT TO MOTION

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WERNER BRANDT HIGHLY

November 12, 2008 CONFIDENTIAL
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Q. Are you aware of any pre-acquisition financial projections for TomorrowNow as part of SAP that were created by SAP, not TomorrowNow? A. According to my recollection, there are no such analysis, and I did not perform any analysis like that myself.
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