UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al.,

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1 Case:0-cv-0-PJH Document0 Filed0/0/ Page of 0 0 BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN ) GEOFFREY M. HOWARD (SBN ) HOLLY A. HOUSE (SBN 0) ZACHARY J. ALINDER (SBN 000) BREE HANN (SBN ) Three Embarcadero Center San Francisco, CA -0 Telephone: () -000 Facsimile: () - donn.pickett@bingham.com geoff.howard@bingham.com holly.house@bingham.com zachary.alinder@bingham.com bree.hann@bingham.com BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) Main Street Armonk, NY 00 Telephone: () -00 Facsimile: () -00 dboies@bsfllp.com STEVEN C. HOLTZMAN (SBN ) FRED NORTON (SBN ) Harrison St., Suite 00 Oakland, CA Telephone: (0) -000 Facsimile: (0) -0 sholtzman@bsfllp.com fnorton@bsfllp.com DORIAN DALEY (SBN 0) JENNIFER GLOSS (SBN ) 00 Oracle Parkway, M/S op Redwood City, CA 00 Telephone: (0) 0- Facsimile: (0) 0- dorian.daley@oracle.com jennifer.gloss@oracle.com Attorneys for Plaintiffs Oracle USA, Inc., et al. Robert A. Mittelstaedt (SBN 00) Jason McDonell (SBN 0) Elaine Wallace (SBN ) California Street, th Floor San Francisco, CA 0 Telephone: () Facsimile: () 00 ramittelstaedt@jonesday.com jmcdonell@jonesday.com ewallace@jonesday.com Tharan Gregory Lanier (SBN ) Jane L. Froyd (SBN 0) Embarcadero Road Palo Alto, CA 0 Telephone: (0) Facsimile: (0) 00 tglanier@jonesday.com jfroyd@jonesday.com Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) Texas, Suite 00 Houston, TX 00 Telephone: () Facsimile: () 00 swcowan@jonesday.com jlfuchs@jonesday.com 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., CASE NO. 0-CV-0 PJH (EDL) v. SAP AG, et al., Plaintiffs, Defendants. JOINT PROPOSED FORM OF Case No. 0-CV-0 PJH (EDL) JOINT PROPOSED FORM OF

2 Case:0-cv-0-PJH Document0 Filed0/0/ Page of JOINT PROPOSED FORM OF Pursuant to the November, 00 jury verdict (Dkt. No. 00) and the Court s December, 00 Order (Dkt. No. 00), Plaintiffs Oracle USA, Inc., Oracle International Corporation and Siebel Systems, Inc. and Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. hereby submit the joint proposed form of judgment, attached as Exhibit A. Respectfully submitted, Dated: February, 0 BINGHAM McCUTCHEN LLP 0 By: /s/ Geoffrey M. Howard Geoffrey M. Howard Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Siebel Systems, Inc. In accordance with General Order No., Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. Dated: February, 0 0 By: /s/ Tharan Gregory Lanier Tharan Gregory Lanier Attorneys for Defendants SAP AG, SAP America, Inc. and TomorrowNow, Inc. Case No. 0-CV-0 PJH (EDL) JOINT PROPOSED FORM OF

3 Case:0-cv-0-PJH Document0 Filed0/0/ Page of EXHIBIT A

4 Case:0-cv-0-PJH Document0 Filed0/0/ Page of 0 0 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Case No. 0-CV-0 PJH (EDL) Plaintiffs, [PROPOSED] v. Judge: Hon. Phyllis J. Hamilton SAP AG, et al., Defendants. Trial commenced in this matter on November, 00. Pursuant to the jury s verdict on November, 00 (Dkt. No. 00), Amended Trial Stipulation and Order No. Regarding Liability, Dismissal of Claims, Preservation of Defenses, and Objections to Evidence at Trial (Dkt. No. ), Additional Trial Stipulation and Order Regarding Claims for Damages and Attorneys Fees (Dkt. Nos. and ), Order Re Motions For Partial Summary Judgment (Dkt. No. ), and Order Granting Motion to Dismiss in Part and Denying It in Part (Dkt. No. ), IT IS HEREBY ADJUDGED AND ORDERED that: () is entered against Defendant TomorrowNow, Inc. on Plaintiff Oracle International Corporation s claim for direct copyright infringement and against Defendants SAP AG and SAP America, Inc. on Plaintiff Oracle International Corporation s claim for indirect copyright infringement, for which Plaintiff Oracle International Corporation shall recover from Defendants SAP AG, SAP America, Inc., and TomorrowNow, Inc. ( Defendants ), jointly and severally, (a) the amount of $. billion Case No. 0-CV-0 PJH (EDL)

5 Case:0-cv-0-PJH Document0 Filed0/0/ Page of 0 0 ($,00,000,000); and, (b) prejudgment interest through February, 0 in the amount of $,,, which is the entirety of the relief entered for these claims (not including the stipulation negotiated between the Parties regarding destruction of infringing materials). () is entered against Defendants on Plaintiffs Oracle USA, Inc., Oracle International Corporation, and Siebel Systems, Inc. s (collectively, Oracle or Plaintiffs ) claims for past and future reasonable attorneys fees and costs (including investigative costs) associated with Oracle s investigation and prosecution of its claims in this case, for which the Parties agreed that Oracle should recover, and has already been paid by Defendants, the amount of $0 million ($0,000,000). () is entered against Defendant TomorrowNow, Inc. on all liability for all claims, including for violations of U.S.C. 00(a)()(C), (a)(), (a)()(i), (a)()(ii), and (a)()(iii) (the Federal Computer Fraud and Abuse Act) and California Penal Code 0(c)(), (c)(), (c)() and (c)() (California s Computer Data Access and Fraud Act), breach of contract, intentional interference with prospective economic advantage, negligent interference with prospective economic advantage, unfair competition, trespass to chattels, unjust enrichment/restitution, and for an accounting, without separate monetary damages or monetary relief, including punitive damages, or additional injunctive relief by way of these claims. () of dismissal with prejudice is entered as previously stipulated by the Parties, on Oracle s remaining claims for violations of U.S.C. 00(a)()(C), (a)(), (a)()(i), (a)()(ii), and (a)()(iii) (the Federal Computer Fraud and Abuse Act) and California Penal Code 0(c)(), (c)(), (c)() and (c)() (California s Computer Data Access and Fraud Act), breach of contract, intentional interference with prospective economic advantage, negligent interference with prospective economic advantage, Case No. 0-CV-0 PJH (EDL)

6 Case:0-cv-0-PJH Document0 Filed0/0/ Page of unfair competition, trespass to chattels, unjust enrichment/restitution, and for an accounting. () of dismissal is entered, as previously ordered by the Court, on all claims brought by Oracle Systems Corporation, J.D. Edwards Europe and Oracle EMEA Limited. 0 0 DATED: February, 0 By: Hon. Phyllis J. Hamilton United States District Court Judge IT IS SO ORDERED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Judge Phyllis J. Hamilton Case No. 0-CV-0 PJH (EDL)