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).

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Oracle Corporation et al v. SAP AG et al Doc. 994 Att. 11 EXHIBIT K 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 9 PAGES 1512 - 1695 OAKLAND, CALIFORNIA TUESDAY, NOVEMBER 16, 2010 CERTIFIED COPY TRANSCRIPT OF PROCEEDINGS APPEARANCES: FOR PLAINTIFFS: BY: BINGHAM MCCUTCHEN 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 (510) 451-7530 1528 NON-RELEVANT TEXT REMOVED 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WITH REGARD TO THE MOTION THAT WAS BRIEFED YESTERDAY BY THE DEFENDANTS, ESSENTIALLY THE REQUEST THAT THE COURT RECONSIDER THE AT-RISK REPORT CUSTOMER COMMENTS, I'M PREPARED TO RULE ON THAT. MR. MCDONELL YOU PRESENTED THAT, DID YOU NOT? MR. McDONELL: THE COURT: I READ YOUR BRIEF. YES, YOUR HONOR. ALL RIGHT. I'VE READ YOUR BRIEF; OKAY. I DID NOT READ THE VOLUMINOUS DOCUMENTS THAT YOU ALL SUBMITTED BECAUSE I DIDN'T HAVE AN OPPORTUNITY TO DO SO. AND AT THIS TIME, I'M GOING TO DENY YOUR REQUEST. I'M NOT GOING TO ALLOW IT IN. I RULED PRIOR TO TRIAL THAT YOU HAD NOT CITED AN EXCEPTION TO THE HEARSAY RULE THAT I FOUND PERSUASIVE. I LOOKED AT THE ADDITIONAL ONE CASE THAT YOU CITED, AND IT DOESN'T CHANGE MY VIEW. I THINK ORACLE'S POSITION IS -- IS THE CORRECT ONE. THEY WEREN'T -- THESE CUSTOMER COMMENTS WEREN'T ADOPTED BY ORACLE. IN FACT, TO THE EXTENT THAT SOME OF THE COMMENTS WERE COMPLAINTS, IT WOULD BE ODD TO FIND THAT ORACLE ADOPTED THEM AS THEIR OWN. SO, THEREFORE, THE CUSTOMER COMMENTS STILL, IN MY VIEW, ARE HEARSAY, AND THEY'RE NOT SUFFICIENTLY RELIABLE TO WARRANT ADMISSION UNDER THE RESIDUAL HEARSAY EXCEPTION. RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR (510) 451-7530 1529 1 2 SO YOUR REQUEST IS DENIED. MR. HOWARD: THANK YOU, YOUR HONOR. NON-RELEVANT TEXT REMOVED RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR (510) 451-7530 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, TUESDAY, NOVEMBER 16, 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. __________ ________ _ ________ RAYNEE H. MERCADO, CSR, RMR, CRR, FCRR, CCRR ___________________________________ DIANE E. SKILLMAN, CSR, RPR, FCRR /s/ WEDNESDAY, NOVEMBER 17, 2010

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