Microsoft Corporation v. Ronald Alepin Morrison & Foerster et al

Filing 18

Declaration of Christopher S. Yates in Support of 16 MOTION to Quash Microsoft Corporation's Subpoenas to Oracle Corporation, Clifford Chance LLP, Daniel Harris and Ronald Alepin and Notice of Motion filed byDaniel Harris, Ronald Alepin Morrison & Foerster, Clifford Chance LLP and Daniel Harris, Oracle Corporation. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Related document(s)16) (Yates, Christopher) (Filed on 3/15/2006)

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Microsoft Corporation v. Ronald Alepin Morrison & Foerster et al Doc. 18 Case 5:06-mc-80038-JF Document 18 Filed 03/15/2006 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTO R N E Y S AT LAW SA N F R A N C I S C O LATHAM & WATKINS LLP Daniel M. Wall (Bar No. 102580) Christopher S. Yates (Bar No. 161273) 505 Montgomery Street, Suite 2000 San Francisco, California 94111-2562 Telephone: (415) 391-0600 Facsimile: (415) 395-8095 Email ID: Dan.Wall@lw.com; Chris.Yates@lw.com Attorneys for ORACLE CORPORATION, CLIFFORD CHANCE LLP, DANIEL HARRIS and RONALD ALEPIN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In re Application of MICROSOFT CORPORATION, Applicant, Case No. 06-80038 JF (PVT) DECLARATION OF CHRISTOPHER S. YATES IN SUPPORT OF ORACLE CORPORATION, CLIFFORD CHANCE LLP, DANIEL HARRIS AND RONALD ALEPIN'S MOTION TO QUASH MICROSOFT CORPORATION'S SUBPOENAS Date: Time: Place: Before: To be set To be set To be set Magistrate Judge Patricia V. Trumbull DECLARATION OF CHRISTOPHER S. YATES ISO MOTION TO QUASH CASE NO: 06-80038 JF (PVT) Dockets.Justia.com Case 5:06-mc-80038-JF Document 18 Filed 03/15/2006 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Christopher S. Yates declares and says: 1. I am a member of the bar of the State of California, and a partner with the law firm of Latham & Watkins LLP, counsel for Oracle Corporation, Daniel Harris, Ronald Alepin, and Clifford Chance LLP in this matter. I have personal knowledge of the facts set forth below and, if called upon to do so, I could and would testify competently thereto. 2. Attached as Exhibit 1 is a true and correct copy of a letter dated March 13, 2006 from Mr. Philip Lowe, Director General of Competition of the European Commission to Mr. Thomas Vinje of Clifford Chance LLP. 3. Attached as Exhibit 2 is a true and correct copy of excerpts of "Commission Decision relating to a proceeding under Article 82 of the EC Treaty, Case COMP/C-3/37.792 Microsoft," dated March 24, 2004. The entire 301 page Commission Decision is available on the website of the European Commission: http://europa.eu.int/comm/competition/antitrust/cases/decisions/37792/en.pdf 4. Attached as Exhibit 3 is a true and correct copy of a press release dated December 22, 2005 printed from the website of the European Commission entitled "Competition: Statement of Objections to Microsoft for non-compliance with March 2004 decision frequently asked questions." 5. Attached as Exhibit 4 is a true and correct copy of a press release dated June 6, 2005 printed from the website of the European Commission entitled "Competition: Commission to market test new proposals from Microsoft on interoperability. 6. Attached as Exhibit 5 is a true and correct copy of a press release dated March 10, 2006 printed from the website of the European Commission entitled "Competition: Commission publishes information on the role of the Monitoring Trustee in the Microsoft case." 7. Attached as Exhibit 6 is a true and correct copy of a press release dated February 15, 2006 printed from the website of the European Committee For Interoperable Systems entitled "Microsoft: Last Chance to Comply With European Commission Anti-Trust Ruling." 1 ATTO R N E Y S AT LAW SA N F R A N C I S C O DECLARATION OF CHRISTOPHER S. YATES ISO MOTION TO QUASH CASE NO: 06-80038 JF (PVT) Case 5:06-mc-80038-JF Document 18 Filed 03/15/2006 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. Attached as Exhibit 7 is a true and correct copy of a press release dated December 22, 2005 printed from the website of the European Commission entitled "Competition: Commission warns Microsoft of daily penalty for failure to comply with 2004 decision." 9. Attached as Exhibit 8 is a true and correct copy of "Supplemental Response of Microsoft Corporation to the Statement of Objections by the European Commission Dated 21 December 2005." 10. Attached as Exhibit 9 is a true and correct copy of an article dated March 3, 2006 entitled "Microsoft Accuses Brussels of Colluding with Rivals," from The Financial Times. 11. Attached as Exhibit 10 is a true and correct copy of Microsoft's subpoena to Oracle Corporation issued March 8, 2006. Oracle Corporation served objections to Microsoft's subpoena on March 13, 2006; attached as Exhibit 11 is a true and correct copy of Oracle Corporation's objections to Microsoft's subpoena. 12. Attached as Exhibit 12 is a true and correct copy of Microsoft's subpoena to Daniel Harris issued March 7, 2006. Daniel Harris served objections to Microsoft's subpoena on March 13, 2006; attached as Exhibit 13 is a true and correct copy of Daniel Harris' objections to Microsoft's subpoena. 13. Attached as Exhibit 14 is a true and correct copy of Microsoft's subpoena to Ronald Alepin issued March 7, 2006. Ronald Alepin served objections to Microsoft's subpoena on March 13, 2006; attached as Exhibit 15 is a true and correct copy of Ronald Alepin's objections to Microsoft's subpoena. 14. Attached as Exhibit 16 is a true and correct copy of Microsoft's subpoena to Clifford Chance LLP issued March 7, 2006. Clifford Chance LLP served objections to Microsoft's subpoena on March 13, 2006; attached as Exhibit 17 is a true and correct copy of Clifford Chance LLP's objections to Microsoft's subpoena. 2 ATTO R N E Y S AT LAW SA N F R A N C I S C O DECLARATION OF CHRISTOPHER S. YATES ISO MOTION TO QUASH CASE NO: 06-80038 JF (PVT) Case 5:06-mc-80038-JF Document 18 Filed 03/15/2006 Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SF\553614 15. Attached as Exhibit 18 is a true and correct copy of an article dated March 3, 2006 entitled "Microsoft Seeks Sun, IBM, Oracle, Novell Documents," from Bloomberg News Service. I executed this declaration on this 15th day of March, 2006 at San Francisco, California. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. /S/ CHRISTOPHER S. YATES 3 ATTO R N E Y S AT LAW SA N F R A N C I S C O DECLARATION OF CHRISTOPHER S. YATES ISO MOTION TO QUASH CASE NO: 06-80038 JF (PVT)

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