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. 4

EXHIBIT D

Dockets.Justia.com

RICHARD CUMMINS September 23, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY
Page 256
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION --O0o-ORACLE CORPORATION, a Delaware Corporation; ORACLE, USA, INC., a Colorado Corporation, and ORACLE INTERNATIONAL CORPORATION, a California Corporation, Plaintiffs, Vs. No. 07-CV-01658-PJH (EDL)

SAP AG, a German Corporation, SAP AMERICA, INC., a Delaware CORPORATION, TOMORROWNOW, INC., a Texas Corporation, and DOES 1-50, Inclusive, Defendants. _______________________________/

VIDEOTAPED RULE 30(b)(6) DEPOSITION OF ORACLE CORPORATION Designee: RICHARD CUMMINS

___________________________ Tuesday, September 23, 2008 Volume II, Pages 256 - 436 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY Reported By: Job 412497 WENDY E. ARLEN, CSR #4355, CRR, RMR

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RICHARD CUMMINS September 23, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY
Page 312
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(Defendant's Exhibit 59 marked for identification.) Q. MR. McDONELL: Showing you what's been marked

as Exhibit 59. A. Q. A. Okay. Can you identify that for the record, please? Yes, it's a copy or a printed copy of the

third party at risk analysis dated January 25th, 2008. Q. Is this a document that was prepared under

your general direction? A. Yes.

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RICHARD CUMMINS September 23, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY
Page 320

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Q.

I think we covered this a little before, but The third party at

I want to make sure we're clear.

risk report was intended to capture information by

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RICHARD CUMMINS September 23, 2008 HIGHLY CONFIDENTIAL INFORMATION - ATTORNEYS' EYES ONLY
Page 321
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customers who were at risk of leaving Oracle support for any reason; is that right?
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THE WITNESS:

It was designed for those

customers that were at risk of going to a third party provider, which was primarily TomorrowNow. Q. MR. McDONELL: And did it also include

customers at risk of going to self support?
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THE WITNESS:

If a customer -- yeah, as I

said before, if a customer indicated that they were looking at a third party provider, then they would go on this list. It could be that they ended up, you

know, in any number of situations, but the way they got on this report is indicating they had talked to a third party provider.

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