Oracle Corporation et al v. SAP AG et al

Filing 948

MOTION Defendants' Request for Leave to Supplement Defendants' Administrative Motion for an Order Re: Counsels' Extrajudicial Communications filed by SAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit Attachment A)(Froyd, Jane) (Filed on 10/26/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 948

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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' REQUEST FOR LEAVE TO SUPPLEMENT DEFENDANTS' ADMINISTRATIVE MOTION FOR AN ORDER RE: COUNSELS' EXTRAJUDICIAL COMMUNICATIONS

SVI-86370v1

DEFS.' REQ. FOR LEAVE TO SUPPLEMENT ADMIN. MOT. Case No. 07-CV-1658 PJH (EDL)

Dockets.Justia.com

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Defendants seek leave to supplement the Administrative Motion for An Order re: Counsels' Extrajudicial Communications filed on October 22, 2010. ECF No. 939. Two hours after Plaintiffs filed their Response to Defendants' Administrative Motion (ECF No. 945), Oracle Corporation issued the following press statement, "attributable to Oracle CEO Larry Ellison: `A few weeks ago I accused HP's new CEO, Leo Apotheker, of overseeing an industrial espionage scheme centering on the repeated theft of massive amounts of Oracle's software. A major portion of this theft occurred while Mr. Apotheker was CEO of SAP. HP's Chairman, Ray Lane, immediately came to Mr. Apotheker's defense by writing a letter stating, `Oracle has been litigating this case for years and has never offered any evidence that Mr. Apotheker was involved.' Well, that's what we are planning to do during the trial that starts next Monday. Unless, Mr. Lane and the rest of the HP Board of Directors decide to keep their new CEO far, far away from HP Headquarters until that trial is over. If HP keeps Leo Apotheker far from HP headquarters we cannot subpoena him to testify at that trial. I don't think Ray Lane wants to risk Leo Apotheker testifying under oath as to why he allowed the theft of Oracle property to continue for 8 months after he was made sole CEO of SAP. I hope I'm wrong, but my guess is that HP's new Chairman, Mr. Lane, will keep HP's new CEO, Mr. Apotheker, far, far away from the Courthouse until this trial is over.'" See Attachment A. This statement makes it crystal clear that Plaintiffs intend to use the upcoming trial as a public stage for fights having little to do with this case. At least the lawyers should be appropriately restrained. Defendants respectfully request that their motion be granted. Dated: October 26, 2010 JONES DAY

By: /s/ Tharan Gregory Lanier Tharan Gregory Lanier Counsel for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC.

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DEFS.' REQ. FOR LEAVE TO SUPPLEMENT ADMIN. MOT. Case No. 07-CV-1658 PJH (EDL)