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 Att. 2

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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.

BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) 333 Main Street Armonk, NY 10504 Telephone: [phone] Facsimile: [phone] [e-mail] STEVEN C. HOLTZMAN (SBN 144177) 1999 Harrison St., Suite 900 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] [e-mail] BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs ORACLE USA, INC., et al.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al., Defendants.
SVI-87340v1

Case No. 07-CV-1658 PJH (EDL) STIPULATION 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
STIPULATION IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION 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 System, Inc. ("Plaintiffs") and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. ("Defendants," and together with Plaintiffs, the "Parties") jointly submit this Stipulation 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. WHEREAS, Defendants filed on November 19, 2010 (1) Defendants' Offer of Proof Regarding the At-Risk Report and Impact on Damages Analysis ("Defendants' Offer of Proof"); (2) Declaration of Jason McDonell ISO Defendants' Administrative Motion to Permit Defendants to File under Seal Plaintiffs' Documents in Support of Defendants' Offer of Proof; and (3) the [Proposed] Order Granting Defendants' Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Documents in Support of Defendants' Offer of Proof. WHEREAS, by stipulation of the Parties, Defendants have filed an Administrative Motion to Permit Defendants to File Under Seal Plaintiffs' Documents in Support of Defendants' Offer of Proof; WHEREAS the requested relief is necessary and narrowly tailored to protect the confidentiality of the material put at issue by Defendants' Offer of Proof until such time as the Court makes a final ruling as to confidentiality of the relevant subject matter. Specifically, the following documents and portions of documents contain information designated by Plaintiffs as "Highly Confidential - Attorneys' Eyes Only" or "Confidential Information" pursuant to the Stipulated Protective Order in this case: · Portions of Defendants' Offer of Proof Regarding the At-Risk Report and Impact on Damages Analysis: portions of 3:18-27, and 4:21-5:4; · · · Exhibit A to Defendants' Offer of Proof (Trial Exhibit A-0059); Exhibit B to Defendants' Offer of Proof (Trial Exhibit A-9338); and Exhibit L to Defendants' Offer of Proof (Clarke Report, at 209-235).

NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their respective counsel of record, that Defendants be permitted to move for permission to file under
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STIPULATION IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION Case No. 07-CV-1658 PJH (EDL)

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seal (1) portions of Defendants' Offer of Proof and (2) Exhibits A (Trial Exhibit A-0059), B (Trial Exhibit A-9338), and L (portions of the Clarke Report), to Defendants' Offer of Proof. While the Parties agree that Defendants' concurrently filed Offer of Proof, as well as exhibits filed in support thereof, may be publicly filed, the Parties also agree that the filing shall not be construed as a waiver of any confidentiality designation or other protection with respect to documents, transcripts, or other information referred to in, or that serve as the basis for, the allegations or arguments made in them. IT IS SO STIPULATED. DATED: November 19, 2010 JONES DAY

By: /s/ Jason McDonell Jason McDonell Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. DATED: November 19, 2010 BINGHAM McCUTCHEN LLP

By:

/s/ Geoffrey M. Howard Geoffrey M. Howard

Attorneys for Plaintiffs ORACLE USA, INC., ORACLE INTERNATIONAL CORPORATION, ORACLE EMEA LIMITED, and SIEBEL SYSTEMS, INC.

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STIPULATION IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION Case No. 07-CV-1658 PJH (EDL)