Case4:07-cv PJH Document728-1 Filed08/05/10 Page1 of 5

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1 Case:0-cv-0-PJH Document- Filed0/0/0 Page of 0 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 ) 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., Plaintiffs, v. SAP AG, et al., Defendants. Case No. 0-CV- PJH (EDL) [PROPOSED] ORDER GRANTING DEFENDANTS MOTIONS IN LIMINE Date: September 0, 0 Time: :00 a.m. Courtroom:, rd Floor Judge: Hon. Phyllis J. Hamilton [PROPOSED] ORDER GRANTING DEFENDANTS Case No. 0-CV- PJH (EDL)

2 Case:0-cv-0-PJH Document- Filed0/0/0 Page of Having considered Defendants Motions in Limine, the supporting declaration of Jason McDonell, and exhibits attached thereto, which were filed with the Court on August, 0: IT IS HEREBY ORDERED THAT:. Defendants Motion in Limine No. to exclude evidence and argument regarding alleged harm to goodwill is: 0 evidence related to alleged harm to Plaintiffs goodwill or any damages based on such alleged harm.. Defendants Motion in Limine No. regarding precluded damages evidence is: evidence, directly or indirectly, related to the damages evidence excluded by this Court s November, 0 Order.. Defendants Motion in Limine No. to exclude evidence and argument of damages for nonparty entities is: evidence related to a claim for damages to the Oracle organization as a whole. - - Case No. 0-CV- PJH (EDL))

3 Case:0-cv-0-PJH Document- Filed0/0/0 Page of. Defendants Motion in Limine No. to exclude rebuttal testimony regarding the Sommer Report is: GRANTED: Plaintiffs shall not present any expert testimony in rebuttal to the Expert Report of Brian S. Sommer. 0. Defendants Motion in Limine No. to exclude improper opinion of lay witnesses and undisclosed experts is: constituting improper technical opinions of lay witnesses or opinions of undisclosed experts.. Defendants Motion in Limine No. to exclude deposition testimony invoking the attorney-client privilege is: regarding testimony wherein Defendants witnesses invoke the attorney-client privilege. - - Case No. 0-CV- PJH (EDL))

4 Case:0-cv-0-PJH Document- Filed0/0/0 Page of. Defendants Motion in Limine No. to exclude evidence and argument regarding investigations by the DOJ and FBI is: related to the DOJ s and FBI s investigation into the facts and circumstances involved in this matter or the current investigation into Oracle Corporation. 0. Defendants Motion in Limine No. to exclude evidence and argument regarding the legality of Rimini Street, Inc. s Business Model is: concerning the legality of the business model of nonparty Rimini Street, Inc.. Defendants Motion in Limine No. to exclude evidence and argument regarding Hyperion, Retek and E-Business Suite product lines is: or testimony regarding whether Defendant supported or proposed to support Hyperion, Retek and E- Business Suite. - - Case No. 0-CV- PJH (EDL))

5 Case:0-cv-0-PJH Document- Filed0/0/0 Page of 0. Defendants Motion in Limine No. 0 to preclude Plaintiffs from referring to Defendant TomorrowNow, Inc. as SAP/TN is: GRANTED: Plaintiffs shall not refer to or proffer evidence referring to Defendant TomorrowNow, Inc. as SAP/TN, nor shall Plaintiffs allege that Defendant TomorrowNow, Inc. is called SAP/TN. 0 IT IS SO ORDERED. DATED: By: Hon. Phyllis J. Hamilton United States District Court Judge - - Case No. 0-CV- PJH (EDL))