Oracle Corporation et al v. SAP AG et al

Filing 997

Administrative Motion to File Under Seal Plaintiffs' Documents in Support of Defendants' Offer of Proof Regarding The At-Risk Report and Impact on Damages Analysis filed by SAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Stipulation)(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. 997

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Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 07-CV-1658 PJH (EDL) DEFENDANTS' ADMINISTRATIVE MOTION TO PERMIT DEFENDANTS TO FILE UNDER SEAL PLAINTIFFS' DOCUMENTS IN SUPPORT OF DEFENDANTS' OFFER OF PROOF REGARDING THE AT-RISK REPORT AND IMPACT ON DAMAGES ANALYSIS

SVI-87339v1

DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL Case No. 07-CV-1658 PJH (EDL)

Dockets.Justia.com

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Pursuant to Local Rules 7-11(a) and 79-5(c), Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Siebel Systems, Inc. ("Plaintiffs") and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. ("Defendants," and together with Plaintiffs, the "Parties") request that the Court order the Clerk of the Court to file under seal: (1) portions of Defendants' Offer of Proof Regarding the At-Risk Report and Impact on Damages Analysis, and (2) Defendants' Exhibits A (Trial Exhibit A-0059), B (Trial Exhibit A-9338), and L (portions of the Clarke Report), to Defendants' Offer of Proof Regarding the At-Risk Report and Impact on Damages Analysis, which Defendants will lodge with the Court on November 19, 2010. The requested relief sought is necessary and narrowly tailored to protect the confidentiality of the content of Plaintiffs' documents put at issue by Defendants' Offer of Proof Regarding the At-Risk Report and Impact on Damages Analysis. This request is supported by the accompanying Stipulation and Declaration of Jason McDonell in support of Defendants' Offer of Proof Regarding the At-Risk Report and Impact on Damages Analysis. Pursuant to Local Rule 79-5, a proposed order and stipulation accompanies this request to file under seal (1) portions of Defendants' Offer of Proof Regarding the At-Risk Report and Impact on Damages Analysis, and (2) Defendants' Exhibits A (Trial Exhibit A-0059), B (Trial Exhibit A-9338), and L (the Clarke Report, at 209-235), to Defendants' Offer of Proof Regarding the At-Risk Report and Impact on Damages Analysis, which Defendants will lodge with the Court on November 19, 2010. DATED: November 19, 2010 JONES DAY

By: /s/ Jason McDonell Jason McDonell Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC.

SVI-87339v1

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DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL Case No. 07-CV-1658 PJH (EDL)