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. 5 EXHIBIT E 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

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