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. 5

EXHIBIT E

Dockets.Justia.com

Service Gap ­ Example

· On 10/1/01 cancelled JDE support with Oracle · On 4/1/06 started support with TN 4/1/06 started support with TN · BBS ran self support for 4.5 years

Appendix W-19

14

Service Gap ­ Example

· On 1/1/04 cancelled JDE support with O l 1/1/04 ll d JDE t ith Oracle · On 3/7/07 started support with TN · TMA ran self support for 3 years

Appendix W-19

15

Joint Exclude ­ Example

· Standard Register was highly customized, disliked Oracle, in financial distress, did not want to upgrade and used little Oracle support. and used little Oracle support · Discussed support with multiple providers (including TN) (including TN)

Appendix D-237.PE

22

Joint Exclude ­ Example

· No intention to upgrade · Researched self-support

Appendix D-67.PE

23

Product Extensions ­ Example

· First SAP sale 8/15/97; bought SAP again in g g 6/05 to 6/06 · Purchases extended Capital Group's purchases of SAP software that were made prior to TN's support · Purchases after 06/06 extended the prior SAP purchases

Appendix D-46.Dis

38

Non-Replacement Products ­ Example

· Hitachi bought SAP Compliance Calibrator by Virsa Systems Systems · Not related to PeopleSoft software · TN did not cause sale did t l

Appendix D-106.Dis

48

Reseller/BPO ­ Example

· Baxter bought software through BPO · No SAP license in Baxter's name · Baxter 's relationship was with BPO, NOT SAP

Appendix D-33.Dis

50