Oracle Corporation et al v. SAP AG et al

Filing 949

RESPONSE to re 943 Objection to Defendants' Deposition Designations by SAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit A)(Froyd, Jane) (Filed on 10/27/2010) Modified on 10/28/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 949

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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' RESPONSES TO ORACLE'S OBJECTIONS TO DEFENDANTS' DEPOSITION DESIGNATIONS

DEFS.' RESPONSES TO ORACLE'S OBJECTIONS TO DEFS.' DEPOSITION DESIGNATIONS Case No. 07-CV-1658 PJH (EDL)

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Pursuant to the Court's Pretrial Order (Dkt. 914), attached as Exhibit "A" is a chart of Defendants' Responses to Oracle's Objections to Defendants' Deposition Designations (Dkt. 943). Oracle has requested that Defendants avoid the public filing of the testimony to which Oracle is objecting. Therefore, Defendants are publicly filing the attached chart with only citations to the disputed deposition designations and is separately lodging the proposed testimony. Moreover, Defendants are submitting true and correct copies of three potential trial exhibits in support of Defendants' responses, and, at Oracle's request, these three exhibits are also being lodged with the Court and not publicly filed at this time. If the Court sustains any of Oracle's objections, Oracle has agreed to subsequently file the testimony and any excluded evidence to preserve the appellate record. Defendants have not changed or altered any of the objections contained in Oracle's Objections and have inserted their Responses in the adjacent column. Defendants make no representations regarding the cited testimony or any emphasis added by Oracle in its objections. The parties have agreed that neither party's objections to the other party's deposition designations include objections on the basis of hearsay founded on the assertion that the deponent is actually available. Rather, the parties' hearsay objections are based on the specific portions of the deposition testimony noted in the objections.

Dated: October 27, 2010

JONES DAY

By: /s/ Scott W. Cowan Scott W. Cowan Counsel for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC.

DEFS.' RESPONSES TO ORACLE'S OBJECTIONS TO DEFS.' DEPOSITION DESIGNATIONS Case No. 07-CV-1658 PJH (EDL)