Oracle Corporation et al v. SAP AG et al

Filing 994

Offer of Proof Regarding The At-Risk Report and Impact on Damages Analysis by SAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Froyd, Jane) (Filed on 11/19/2010) Modified on 11/22/2010 (kc, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 994 Att. 10

EXHIBIT J

Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BEFORE THE HONORABLE PHYLLIS J. HAMILTON, JUDGE ) ) PLAINTIFFS, ) ) VS. ) ) SAP AG, ET AL., ) ) DEFENDANTS. ) ____________________________) ORACLE CORPORATION, ET AL. JURY TRIAL NO. C 07-01658 PJH VOLUME 8 PAGES 1421 - 1511 OAKLAND, CALIFORNIA MONDAY, NOVEMBER 15, 2010

CERTIFIED COPY
TRANSCRIPT OF PROCEEDINGS APPEARANCES: FOR PLAINTIFFS: BY: BINGHAM MUCCUTCHEN LLP THREE EMBARCADERO CENTER SAN FRANCISCO, CALIFORNIA 94111-4607 ZACHARY J. ALINDER, HOLLY A. HOUSE, GEOFFREY M. HOWARD, DONN P. PICKETT, ATTORNEYS AT LAW BOIES, SCHILLER & FLEXNER LLP 1999 HARRISON STREET, SUITE 900 OAKLAND, CALIFORNIA 94612 DAVID BOIES, STEVEN C. HOLTZMAN, ATTORNEYS AT LAW

BY:

(APPEARANCES CONTINUED NEXT PAGE)

REPORTED BY:

RAYNEE H. MERCADO, CSR NO. 8258 DIANE E. SKILLMAN, CSR NO. 4909

RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR [phone]

1431

NON-RELEVANT TEXT REMOVED

24 25

MR. McDONELL:

VERY WELL, YOUR HONOR. THAT RULING OR

THEN TWO QUICK FOLLOW-UPS, IF I MAY.

RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR [phone]

1432 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 GUIDANCE BY THE COURT IMPLICATES SOME OF THE OBJECTIONS THAT PLAINTIFFS HAVE MADE TO THE PERTINENT DOCUMENTS THAT GOES WITH THE TESTIMONY. WE WILL WORK HARD OVER THE BREAKS AND THROUGH IT'S CONCEIVABLE THAT THERE

THE MORNING TO TRY TO CLEAR THOSE.

WILL BE ONE TO THREE DOCUMENTS THAT STILL HAVE AN ISSUE THAT WE MAY TRY TO ADDRESS WITH YOUR HONOR AT YOUR CONVENIENCE THROUGHOUT THE DAY. THAT'S POINT ONE.

POINT TWO IS WE WOULD LIKE TO ASK THE COURT'S PERMISSION TO FILE A POCKET BRIEF TODAY RELATING TO AN EXHIBIT THAT WILL LIKELY BE OFFERED INTO EVIDENCE LATER IN THE WEEK, MOST LIKELY THURSDAY ON THE AT-RISK REPORT. THE AT-RISK REPORT IT IS THE

WAS THE SUBJECT OF MOTION IN LIMINE BY PLAINTIFFS.

REPORT IN WHICH ORACLE CONCEDES IT'S A BUSINESS RECORD AND ADMISSIBLE, BUT OBJECT TO WHAT THEY CALLED "TRANSCRIBED STATEMENTS OF CUSTOMERS" IN THE AT-RISK REPORT. YOUR HONOR AT THE MOTION IN LIMINE TIME FOUND THAT WE HAD NOT SATISFIED YOUR HONOR THAT THERE WAS AN EXCEPTION TO THE HEARSAY RULE FOR THOSE TRANSCRIBED STATEMENTS. TWO ISSUES ARE NOW BEFORE US. ONE, WE WOULD LIKE TO

GIVE YOUR HONOR WHAT WE THINK IS CRYSTAL-CLEAR AUTHORITY, INCLUDING A DECISION BY THEN CIRCUIT JUDGE, JUSTICE SOTOMAYOR, WHO WE SHOULD ALL THINK KNOWS WHAT SHE'S TALKING ABOUT, THAT THESE ARE, IN FACT, ADOPTIVE ADMISSIONS. THREE-PAGE BRIEF ON THAT POINT. IF -- AND WE THINK THAT, THEN, COVERS THE WATERFRONT.
RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR [phone]

AND WE HAVE A

1433 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 IF AND ONLY IF YOUR HONOR'S STILL CONCERNED THAT WE HAVE NOT ESTABLISHED A -- AN EXCEPTION TO THE HEARSAY RULE, WE HAVE PROVIDED THE EXAMPLE OF THE AT-RISK REPORT NOTES, AND WE HAVE HIGHLIGHTED IN YELLOW WHAT APPEAR TO ME -- A DEFINITION OF A TRANSCRIBED CUSTOMER STATEMENT AS OPPOSED TO AN ORACLE STATEMENT. AND WE WOULDN'T EXPECT YOUR HONOR TO LOOK AT THIS LONG DOCUMENT BUT TO LOOK AT SOME OF THE EXAMPLES OF WHAT WE THINK WOULD BE TRANSCRIBED CUSTOMER STATEMENTS THAT WOULD NEED TO BE REDACTED IF THEY NEEDED TO BE REDACTED AT ALL, SO WE WOULD SEEK LEAVE TO SUBMIT THAT TO YOUR HONOR TODAY. THE COURT: HAS THE BRIEF BEEN WRITTEN? IT'S BEEN WRITTEN, IT'S BEEN SERVED,

MR. McDONELL: AND IT'S AVAILABLE. THE COURT:

ALL RIGHT.

I'LL ENTERTAIN IT.

MR. McDONELL:

THANK YOU.

NON-RELEVANT TEXT REMOVED

RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR [phone]

CERTIFICATE OF REPORTER WE, RAYNEE H. MERCADO AND DIANE E. SKILLMAN, OFFICIAL REPORTERS FOR THE UNITED STATES COURT, NORTHERN DISTRICT OF CALIFORNIA, HEREBY CERTIFY THAT THE FOREGOING PROCEEDINGS IN C07-01658PJH, ORACLE USA, INC., ET AL. V. SAP AG, ET AL., WERE REPORTED BY US ON, MONDAY, NOVEMBER 15, 2010, CERTIFIED SHORTHAND REPORTERS, AND WERE THEREAFTER TRANSCRIBED UNDER OUR DIRECTION INTO TYPEWRITING; THAT THE FOREGOING IS A FULL, COMPLETE AND TRUE RECORD OF SAID PROCEEDINGS AS BOUND BY US AT THE TIME OF FILING. THE VALIDITY OF THE REPORTER'S CERTIFICATION OF SAID TRANSCRIPT MAY BE VOID UPON DISASSEMBLY AND/OR REMOVAL FROM THE COURT FILE.

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____________

__________

RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR

___________________________________ DIANE E. SKILLMAN, CSR, RPR, FCRR

/s/

TUESDAY, NOVEMBER 16, 2010