DOCSLIB.ORG

To Exclude Testimony of Defendants' Expert Stephen Clarke, Fi

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
To Exclude Testimony of Defendants' Expert Stephen Clarke, Fi Oracle Corporation et al v. SAP AG et al Doc. 919 Att. 1 1 BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) 2 GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) 3 ZACHARY J. ALINDER (SBN 209009) BREE HANN (SBN 215695) 4 Three Embarcadero Center San Francisco, CA 94111-4067 5 Telephone: (415) 393-2000 Facsimile: (415) 393-2286 6 [email protected] [email protected] 7 [email protected] [email protected] 8 [email protected] 9 BOIES, SCHILLER & FLEXNER LLP DAVID BOIES (Admitted Pro Hac Vice) 10 333 Main Street Armonk, NY 10504 11 Telephone: (914) 749-8200 Facsimile: (914) 749-8300 12 [email protected] STEVEN C. HOLTZMAN (SBN 144177) 13 FRED NORTON (SBN 224725) 1999 Harrison St., Suite 900 14 Oakland, CA 94612 Telephone: (510) 874-1000 15 Facsimile: (510) 874-1460 [email protected] 16 [email protected] DORIAN DALEY (SBN 129049) 17 JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 18 Redwood City, CA 94070 Telephone: (650) 506-4846 19 Facsimile: (650) 506-7114 [email protected] 20 [email protected] 21 Attorneys for Plaintiffs Oracle USA, Inc., et al. UNITED STATES DISTRICT COURT 22 NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 23 ORACLE USA, INC., et al., CASE NO. 07-CV-01658 PJH (EDL) 24 EXHIBIT A TO THE DECLARATION OF HOLLY Plaintiffs, A. HOUSE IN SUPPORT OF MOTION NO. 1: TO 25 v. EXCLUDE TESTIMONY OF DEFENDANTS’ EXPERT STEPHEN CLARKE 26 SAP AG, et al., Date: September 30, 2010 Time: 9 a.m. 27 Defendants. Place: Courtroom 3 Judge: Hon. Phyllis J. Hamilton 28 FILED PURSUANT TO DKT. NO. 915 Case No. 07-CV-01658 PJH (EDL) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 EXHIBIT A 19 20 21 22 23 24 25 26 27 28 Case No. 07-CV-01658 PJH (EDL) Oracle USA, Inc., et al v. SAP AG, et al Stephen K. Clarke Expert Report May 7, 2010 Subject to Protective Order Highly Confidential Information – Attorneys' Eyes Only Expert Report of Stephen K. Clarke, May 7, 2010 Oracle USA, Inc., et al v. SAP AG, et al 1.1. Allegations Oracle USA, Inc. (“Oracle USA”), Oracle International Corporation (“OIC”), Oracle EMEA (“OEMEA”), and Siebel Systems, Inc. (“Siebel”) (together, “Plaintiffs”) filed their Fourth Amended Complaint (“Complaint”) against TomorrowNow, SAP AG, and SAP America, Inc. (together, “Defendants”) on August 18, 2009.9 The Complaint includes a range of claims including, inter alia: 1. Copyright infringement of Oracle’s “Software and Support Materials” (“Subject“Subject IP”)IP”)101 2. Breach of contract 3. Unjust enrichment 4. Interference with prospective economic advantage However, the Court in this case (the Honorable Judge Hamilton) issued an order (“Court’s Order”)11 that precluded certain claims made in the Complaint (as discussed more fully later in this report). Plaintiffs’ allegations are referred to as the “Alleged Actions” in this report. Paul Meyer (“Mr. Meyer”) issued a report on November 16, 2009 (“Meyer Report”) in which he purported to quantify certain of the damages Plaintiffs allegedly suffered as a result of the Alleged Actions. The first Meyer Report contained many errors. Mr. Meyer issued a second report (with the same November 16, 2009 date) with numerous highlighted corrections to the errors in the first report. On February 23, 2010, Mr. Meyer issued a third report, expanding a section on Oracle’s database claims and correcting more errors made in his second report. I have addressed the third Meyer Report in my analysis and references to the Meyer Report are to his third iteration unless otherwise noted. 1.2. Scope of Engagement Counsel for Defendants asked me to review and analyze the Meyer Report and to quantify what Oracle’s damages would be if Defendants are found liable for the Alleged Actions. Although for purposes of this analysis I have assumed Defendants are liable for the Alleged Actions, the assumption is not an admission of liability by Defendants. I offer no opinion on liability in this matter. My resume and testimony experience are presented in Appendices A and B, respectively. In the course of my analysis I, or my staff acting at my direction, reviewed the documents listed in Appendix C. LECG has been compensated for the work done on this engagement at hourly rates 9 Complaint, pages 1-2. 10 I define Software and Support Materials consistently with Mr. Meyer: “application and database software, program updates, software updates, bug fixes, patches, customer solutions, and instructional documents for the PeopleSoft, J.D. Edwards,,pyp, Oracle Database and Siebel families of software products.” Meyer Report, pgpage 7, ,p paragraph g p 7. I define Subjectj IP as the poportionrtion of thethe Software andand Support MaterMaterialsials allegedlyallegedly infringed and actually used by TomorrowNow. 11 Judge LaPorte issued an original order dated September 17, 2009 and Judge Hamilton affirmed that order on November 2, 2009. I refer to the two orders as the Court’s Order. Subject to Protective Order 2 Highly Confidential Information – Attorneys' Eyes Only Expert Report of Stephen K. Clarke, May 7, 2010 Oracle USA, Inc., et al v. SAP AG, et al ranging from $60 to $575 per hour. I may supplement my report should additional information become available. In addition to bringing my own knowledge and expertise to bear on the subject matter of my report, I also discussed the case with an industry expert engaged by SAP, Brian Sommer (“Mr. Sommer”). I also read and referenced the reports of Mr. Sommer and of the software valuation and technical experts retained by Defendants, David Garmus (“Mr. Garmus”), Donald Reifer (“Mr. Reifer”) and Stephen Gray (“Mr. Gray”), as required for my report. 2. Meyer Report – Overall Comments The Meyer Report presents Mr. Meyer’s opinion of damages in four categories as follows: …the fair market value of SAP’s actual use of Oracle’s intellectual property (copyrighted materials), Oracle’s lost profits related to support contracts, SAP’s infringer profits/unjust enrichment and Oracle’s additional costs caused by SAP’s alleged actions.12 2.1. Discretionary Claims Mr. Meyer adds that if he is “…allowed by the Court, [he] may also be asked to compute or provide opinions related to pre-judgment interest, attorney’s fees and costs and punitive damages.”13 Because such awards are generally at the discretion of the Court, I have no opinion on whether Mr. Meyer’s analysis and presentation of such claims would be appropriate in the context of a trial in this matter. If Mr. Meyer is allowed by the Court to testify about these discretionary claims, I will be prepared to address them at that time. 2.1.1. Contaminated Damage Claim The Court’s Order states that Oracle is precluded from presenting evidence of claims which include damages related to “(1) alleged lost profits relating to customers that did not become customers of TomorrowNow; (2) alleged lost profits relating to licensing revenue, as opposed to support revenue; and (3) alleged lost profits relating to products that were not supported by TomorrowNow” and that the “…precludedpg evidence will NOT be admitted through the back door…” [p[emphasis in original]. g ] I iinterpretnterpret tthehe CCourt’sourt’s OrOrderder to mean tthathat Mr. MeMeyeryer wwillill not bbee allallowedowed to testtestifyifyyp aboutabout thethe precludedprecluded damagedamag e claimsclaims even ifif hehe includesincludes themthem inin hishis “Value“Value of Use” claim or in other portionsportions ofof his overall damagedamage analysis.analysis. However, the Meyer Report does not differentiate between the damages he calculates for claims precluded by, and those not precluded by, the Court’s Order. Therefore, Mr. Meyer’s damage opinions include damages contaminated by precluded claims. 12 Meyer Report, page 14, paragraph 20. 13 Meyer Report, page 14, paragraph 20. Subject to Protective Order 3 Highly Confidential Information – Attorneys' Eyes Only Expert Report of Stephen K. Clarke, May 7, 2010 Oracle USA, Inc., et al v. SAP AG, et al acquisitionqp, of PeopleSoft and was, therefore,, one result of Oracle’s actions.23 Accordingly,Accordingly,gy, it wouldwould be a rreasonableeasonable busbusinessiness actionaction forfor SAP to capitalizep on the opportunity in the market to boost its chances of converting former PeopleSoft customers to SAP.24 Mr. Meyer is required by a code of standards to which he is bound to maintain objectivity, defined by the American Institute of Certified Public Accountants as: Objectivity is a state of mind, a quality that lends value to a member's services. It is a distinguishing feature of the profession. The principle of objectivity imposes the obligation to be impartial, intellectually honest, and free of conflicts of interest.25 In spite of the requirement that he maintain objectivity, Mr. Meyer tries to establish an aura of illegality around SAP’s efforts to compete with Oracle based solely on SAP’s efforts to attract customers from Oracle. However, the statements in the cited references do not indicate inappropriate activity on the part of SAP. Rather, the cited material references normal competitive efforts of a company in a competitive business. Typically, damages experts for plaintiffs and defendants assume liability on the part of the defendant26 which obviates the need for the expert to address a plaintiff’s liability arguments or the merits of a defendant’s actions. Many of Mr. Meyer’s statements characterize SAP’s behavior inappropriately. It is unclear what Mr. Meyer was trying to achieve by doing so. Because the material appears to be connected to Mr. Meyer’s calculation of SAP’s alleged Value of Use of the Subject IP, I address various additional elements of his treatment of these items below.
Load more

Recommended publications
  • BEA Weblogic Mobility Servertm Supported Configurations
    BEA WebLogic Mobility ServerTM Supported Configurations Version 3.5 September 2006 Copyright Copyright © 1995-2006 BEA Systems, Inc. All Rights Reserved. Restricted Rights Legend This software is protected by copyright, and may be protected by patent laws. No copying or other use of this software is permitted unless you have entered into a license agreement with BEA authorizing such use. This document is protected by copyright and may not be copied photocopied, reproduced, translated, or reduced to any electronic medium or machine readable form, in whole or in part, without prior consent, in writing, from BEA Systems, Inc. Information in this document is subject to change without notice and does not represent a commitment on the part of BEA Systems. THE DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, BEA SYSTEMS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE DOCUMENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Trademarks and Service Marks Copyright © 1995-2006 BEA Systems, Inc. All Rights Reserved.BEA, BEA JRockit, BEA WebLogic Portal, BEA WebLogic Server, BEA WebLogic Workshop, Built on BEA, Jolt, JoltBeans, SteelThread, Top End, Tuxedo, and WebLogic are registered trademarks of BEA Systems, Inc. BEA AquaLogic, BEA AquaLogic Data Services Platform, BEA AquaLogic Enterprise Security, BEA AquaLogic Service Bus, BEA AquaLogic Service Registry,
    [Show full text]
  • Oracle Takes on IBM and HP with Hardware, Software and Services Triple Play by Arif Mohamed
    CW+ a whitepaper from ComputerWeekly Oracle takes on IBM and HP with hardware, software and services triple play by Arif Mohamed This has been a landmark year for Oracle, the technology company headed by the charismatic and staggeringly wealthy Larry Ellison. Ellison, who is 65, has been chief executive officer since he founded Oracle in June 1977. He was listed the sixth richest person in the world in 2010. And his personal wealth of $27bn is a clear indication of Oracle’s success as an IT supplier. Oracle began the year by completing its $7.4bn acquisition of Sun Microsystems. The deal transformed Oracle from a software and consulting company, into a company able to compete on software, hardware and services. The deal gave Oracle Sun’s MySQL database, Sparc/Solaris servers, plus Sun’s storage hardware and flagship Java portfolio of tools and technologies. 2010 also marked the conclusion of an aggressive spending spree that has seen Oracle buying over 66 technology companies since 2002. These include CRM suppliers Siebel and PeopleSoft, middleware giant BEA Systems and storage specialist StorageTek. Six years on, Oracle has announced the fruits of its integration work, which began in 2004 when it bought PeopleSoft, which owned JD Edwards. Although Oracle has integrated the suites of applications from each subsequent merger to some degree, but it has now revealed a suite of software, Fusion Applications, which promises to unite them all for the first time through a common middleware layer, and run on optimised hardware from the Sun acquisition. Its Fusion Applications range of enterprise products, due out in January, will also give an upgrade path to enterprise users of Oracle’s legacy CRM and other business packages including PeopleSoft, Siebel and JD Edwards.
    [Show full text]
  • Oracle Struggles to Grow Its Cloud Business but AI- Driven Apps Set It Apart
    OpenWorld 2018 wrap: Oracle struggles to grow its cloud business but AI- driven apps set it apart OpenWorld 2018 wrap: Oracle struggles to grow its cloud business but AI-driven apps set it apart by, James Kobielus October 25th, 2018 Oracle Corp.’s OpenWorld, now in its 21st year, is as big, brash and buzzy as ever. This year’s conference hosted more than 60,000 Oracle customers and partners from 175 countries. Not only that, the livestream of the keynote sessions was viewed by 19 million virtual attendees. It’s not OpenWorld without Oracle co-founder, Executive Chairman and Chief Technology Officer […] © 2018 Wikibon Research | Page 1 OpenWorld 2018 wrap: Oracle struggles to grow its cloud business but AI- driven apps set it apart Oracle Corp.’s OpenWorld, now in its 21st year, is as big, brash and buzzy as ever. This year’s conference hosted more than 60,000 Oracle customers and partners from 175 countries. Not only that, the livestream of the keynote sessions was viewed by 19 million virtual attendees. It’s not OpenWorld without Oracle co-founder, Executive Chairman and Chief Technology Officer Larry Ellison leading the charge. With Ellison, whom Forbes magazine lists as the 10th wealthiest person in the world, still calling the shots, no one can deny that Oracle remains a fighter. Oracle rarely competes in any segment without a top-down commitment to win the predominant market share, nail down all the banner enterprise accounts and vanquish all rivals. At this year’s OpenWorld at the Moscone Center in San Francisco, Ellison left no doubt that Oracle is not sitting still in the public cloud arena.
    [Show full text]
  • Oracle's Open-Source Shopping Spree
    FEBRUARY 9, 2006 NEWS ANALYSIS By Sarah Lacy Oracle's Open-Source Shopping Spree The database giant is in talks to purchase at least three software companies that would help it shift customers to a subscriber-based model The open-source community may be in for a jolt. Oracle (ORCL) is plotting what could be the biggest endorsement yet by a mainstream software company for a movement that involves legions of developers across the globe who publish "open" software distributed freely over the Net, making money instead from support and maintenance. It's a bold bet for a company that gets a healthy chunk of its $16 billion in annual sales from multimillion-dollar software packages deals, but Oracle is ready to spend big on open source. Oracle is in talks to buy at least three open-source software companies in deals that could be valued at more than $600 million, BusinessWeek Online has learned. The transactions would extend the 18-month, $18 billion spending spree by Oracle Chief Executive Larry Ellison that has engulfed PeopleSoft and Siebel Systems. They would also put Oracle in control of some of the most sought-after open-source projects. Overnight, Redwood Shores (Calif.)-based Oracle would rival IBM (IBM) as the prime evangelist of a movement that's revolutionizing how software is developed and distributed (see BW Online, 2/6/06, "Open Source's New Frontiers"). TRIPLE PLAY. The largest of the three targets is Atlanta-based JBoss, which specializes in so- called middleware, the software that serves as a connection between disparate programs.
    [Show full text]
  • Oracle Tuxedo Lower Total Cost of Ownership for Mission- Critical
    Oracle Tuxedo Lower Total Cost of Ownership for Mission- Critical Applications April 2009 An Oracle White Paper Oracle Tuxedo Lower Total Cost of Ownership for Mission Critical Applications Table of Contents INTRODUCTION: CHANGING NEEDS FOR MISSION CRITICAL APPLICATIONS.... 2 YESTERDAY’S ANSWER ........................................................................................................... 3 TODAY’S SOLUTION: ORACLE TUXEDO............................................................................. 3 TUXEDO’S RICH HERITAGE ................................................................................................... 4 CUSTOMER USAGE PATTERNS AND SUPPORTING TUXEDO CAPABILITIES.......... 5 CUSTOMER USAGE PATTERN #1: E XTREME TRANSACTION PROCESSING ..................................... 5 EXTREME HIGH PERFORMANCE ................................................................................................... 5 FIVE NINES AVAILABILITY , A BSOLUTE RELIABILITY ................................................................... 5 EXTREME, L INEAR SCALABILITY ................................................................................................. 6 CUSTOMER USAGE PATTERN #2: A PPLICATION MODERNIZATION ............................................... 8 CUSTOMER USAGE PATTERN #3: SOA E NABLEMENT ................................................................ 10 TUXEDO MANAGEMENT CAPABILITIES .......................................................................... 12 ORACLE TUXEDO – THE CLASSIC PLATFORM FOR APPLICATION
    [Show full text]
  • Oracle Hikes Middleware License Fees: the Spoils of More
    Oracle hikes middleware license fees The spoils of more By Gavin Clarke in San Francisco Posted in Developer, 20th June 2008 07:02 GMT Oracle customers are starting to pay the price for its $23bn plus acquisition spree, with licensing hikes across all core middleware products. The database giant is hitting users of its databases and application server software with increases of between 15 per cent and 20 per cent in licensing. Users of the recently acquired BEA Systems' WebLogic application server that are hit hardest: a WebLogic Server Enterprise Edition processor license is jacked up 47 per cent. Oracle is also introducing new named-user plus pricing for Enterprise and Standard editions. The increases, detailed in Oracle's latest annual price list, have Wall Street both admiring and questioning the size of Oracle chief executive Larry Ellison's cojones in a tightening economy. Eric Savitz of TechTrader Daily called the increases an "eye-opening development", a startling admission coming from a title used to covering the machinations of American corporate business life. Citigroup analyst Brent Thill in a research note on Oracle's change reportedly said Oracle justified the move by saying it had not "installed a price increase of this magnitude 'for many years'." So what can you expect to pay? You can compare the 2008 and 2007 price lists here and here. As a taster, though: a single WebLogic Server Enterprise Edition processor license costs $25,000 compared to $17,000 under BEA. A named-user license for WebLogic Server Standard and WebLogic Server Enterprise Edition is $200 and $500 respectively.
    [Show full text]
  • Designing Enterprise Solutions with Sun™ Cluster 3.0
    Designing Enterprise Solutions With Sun™ Cluster 3.0 Sun Microsystems, Inc. 901 San Antonio Road Palo Alto, CA 94303-4900 U.S.A. 650-960-1300 ISBN 0-13-008458-1 December 2001, Revision A Send comments about this document to: [email protected] Copyright 2001 Sun Microsystems, Inc., 901 San Antonio Road, Palo Alto, CA 94303-4900 U.S.A. All rights reserved. This product or document is distributed under licenses restricting its use, copying, distribution, and decompilation. No part of this product or document may be reproduced in any form by any means without prior written authorization of Sun and its licensors, if any. Third-party software, including font technology, is copyrighted and licensed from Sun suppliers. Parts of the product may be derived from Berkeley BSD systems, licensed from the University of California. UNIX is a registered trademark in the U.S. and other countries, exclusively licensed through X/Open Company, Ltd. Sun, Sun Microsystems, Sun BluePrints, SunUP, the Sun logo, AnswerBook, AnswerBook2, DLT, docs.sun.com, IPC, Solaris, Solstice Backup, Trusted Solaris, SunDocs, Sun Quad FastEthernet, SunFastEthernet, Sun StorEdge, SunPlex, OpenBoot, Sun Enterprise, Sun Enterprise Network Array, Sun Enterprise SyMON , Sun Fire, Sun HighGround, Starfire, iPlanet, Netra, SunTone, JumpStart, Solstice, Solstice DiskSuite, Solstice Backup, Solstice SyMON, Ultra Enterprise, Java, Jiro, JavaServer Pages, JSP, J2EE, JDBC, Sun Ray, Sun RSM Array, SunSwift, Enterprise JavaBeans, EJB, Sun HPC ClusterTools, SPARCcenter, SPARCcluster, SPARCserver, SPARCstorage, Sun Professional Services, SunSolve, SPARCcluster, PDB, Prism, RSM, and Write Once, Run Anywhere are trademarks, registered trademarks, or service marks of Sun Microsystems, Inc. in the United States and other countries.
    [Show full text]
  • Oracle Corporation (Exact Name of Registrant As Specified in Its Charter)
    ORACLE CORP FORM 10-K (Annual Report) Filed 06/29/09 for the Period Ending 05/31/09 Address 500 ORACLE PARKWAY MAIL STOP 5 OP 7 REDWOOD CITY, CA 94065 Telephone 6505067000 CIK 0001341439 Symbol ORCL SIC Code 7372 - Prepackaged Software Industry Software & Programming Sector Technology Fiscal Year 05/31 http://www.edgar-online.com © Copyright 2015, EDGAR Online, Inc. All Rights Reserved. Distribution and use of this document restricted under EDGAR Online, Inc. Terms of Use. Table of Contents Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Fiscal Year Ended May 31, 2009 OR TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Commission file number: 000-51788 Oracle Corporation (Exact name of registrant as specified in its charter) Delaware 54 -2185193 (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) 500 Oracle Parkway Redwood City, California 94065 (Address of principal executive offices, including zip code) (650) 506-7000 (Registrant’s telephone number, including area code) Securities registered pursuant to Section 12(b) of the Act: Title of Each Class Name of Each Exchange on Which Registered Common Stock, par value $0.01 per share The NASDAQ Stock Market LLC Securities registered pursuant to Section 12(g) of the Act: None Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act.
    [Show full text]
  • Plumtree Software, Documentum, Bea Systems and Sun Microsystems Join Forces to Create Open-Source Site for Jsr 168 and Wsrp Portlets
    PLUMTREE SOFTWARE, DOCUMENTUM, BEA SYSTEMS AND SUN MICROSYSTEMS JOIN FORCES TO CREATE OPEN-SOURCE SITE FOR JSR 168 AND WSRP PORTLETS Independent Enterprise Software Vendors Align to Support Standards; Industry Analysts and Standards Bodies Applaud Effort SAN FRANCISCO, PLEASANTON, Calif., SAN JOSE, Calif. and SANTA CLARA, Calif., Nov. 10 /PRNewswire-FirstCall/ -- Enterprise software vendors Plumtree Software (Nasdaq: PLUM - News), Documentum (Nasdaq: DCTM - News), BEA Systems Inc. (Nasdaq: BEAS - News) and Sun Microsystems, Inc. (Nasdaq: SUNW - News) today announced the industry's first open-source site for organizations to share portlets developed according to the new JCP JSR 168 and WSRP OASIS standards. Available at http://sourceforge.net/projects/portlet-opensrc/ , the site is hosted by SourceForge, an independent organization that hosts a variety of Java(TM) technology and Linux open-source initiatives. Plumtree, Documentum, BEA and Sun will provide an initial library of standards- based portlets, and will provide ongoing feedback, suggestions and best practices for successful JSR 168 and WSRP portlet development. The site is open to all organizations, including customers and partners of competing portal software providers such as IBM, Vignette and SAP. Both the JCP and OASIS, the standard bodies that developed JSR 168 and WSRP respectively, today expressed support for the open-source site, known as the Portlet Open-Source Trading site, or POST. The site will help companies learn from their industry peers and share best practices for developing standards-based portlets. "Plumtree conceived of this site as part of its Radical Openness strategy, which is our long-term commitment to ensure that every major component of our solution is interoperable with customers' existing technologies, even technologies that compete with our own," said Glenn Kelman, vice president of product marketing and management for Plumtree.
    [Show full text]
  • Oracle Corporation
    ORACLE CORPORATION The Oracle Corporation is an American global computer technology corporation, headquartered in Redwood City, California. The company primarily specializes in developing and marketing computer hardware systems and enterprise software products – particularly its own brands of database management systems. In 2011 Oracle was the second- largest software maker by revenue, after Microsoft.[3] The company also develops and builds tools for database development and systems of middle-tier software, enterprise resource planning (ERP) software, customer relationship management (CRM) software and supply chain management (SCM) software. Larry Ellison, a co-founder of Oracle, served as Oracle's CEO from founding. On September 18, 2014, it was announced that he would be stepping down (with Mark Hurd and Safra Catz to become CEOs). Ellison became executive chairman and CTO.[4] He also served as the Chairman of the Board until his replacement by Jeffrey O. Henley in 2004. On August 22, 2008, the Associated Press ranked Ellison as the top-paid chief executive in the world.[5] Larry Ellison , Ellison was born in New York City but grew up in Chicago. He studied at the University of Illinois at Urbana–Champaign and the University of Chicago without graduating before moving to California in 1966. While working at Ampex in the early 1970s, he became influenced by Edgar F. Codd's research on relational database design, which led in 1977 to the formation of what became Oracle. Oracle became a successful database vendor to mid- and low- Larry Ellison in October 2009. range systems, competing with Sybase and Microsoft SQL Server, Born August 17, 1944 (age 71) which led to Ellison being listed by Forbes Lower East Side, Manhattan, New York, U.S.
    [Show full text]
  • In Search of Stupidity: Over 20 Years of High-Tech Marketing Disasters
    CYAN YELLOW MAGENTA BLACK PANTONE 123 CV Chapman “A funny AND grim read that explains why so many of the high-tech sales departments I’ve trained and written about over the years frequently have Merrill R.Chapman homicidal impulses towards their marketing groups. A must read.” Foreword by Eric Sink —Mike Bosworth Author of Solution Selling, Creating Buyers in Difficult Selling Markets and coauthor of Customer Centric Selling In Search of Stupidity In Search OVER 20 YEARS OF HIGH-TECH MARKETING DISASTERS 20 YEARS OF HIGH-TECH OVER n 1982 Tom Peters and Robert Waterman Ikicked off the modern business book era with In Search of Excellence: Lessons from America’s Best-Run Companies. Unfortunately, as time went by it became painfully obvious that many of the companies Peters and Waterman had profiled, particularly the high-tech ones, were something less than excellent. Firms such as Atari, DEC, IBM, Lanier, Wang, Xerox and others either crashed and burned or underwent painful and wrenching traumas you would have expected excellent companies to avoid. What went wrong? Merrill R. (Rick) Chapman believes he has the answer (and the proof is in these pages). He’s observed that high-tech companies periodically meltdown because they fail to learn from the lessons of the past and thus continue to make the same completely avoidable mistakes again and again and again. To help teach you this, In Search of Stupidity takes you on a fascinating journey from yesterday to today as it salvages some of high-tech’s most famous car wrecks. You will be there as MicroPro, once the industry’s largest desktop software company, destroys itself by committing a fundamental positioning mistake.
    [Show full text]
  • Pricing and Licensing of Software Products and Services: a Study on Industry Trends By
    Pricing and licensing of software products and services: A study on industry trends by Shivashis Nayak Bachelor of Engineering Regional Engineering College, Rourkela, 1996 Submitted to the System Design & Management Program in Partial Fulfillment of the Requirements for the Degree of Master of Science in Engineering and Management At the Massachusetts Institute of Technology June 2006 @2004 Shivashis Nayak. All rights reserved. The author grants to MIT permission to reproduce, and to distribute publicly, paper and electronic copies of this thesis document in whole or in part. Signature of Author Shivashis Nayak System Design & Management Program Certified by Michael A. Cusumano Thesis Supervisor Sloan Management Review Distinguished Professor of Management Accepted by Director System Design & Management Program OF TEOHNOLOGY FEB 1 S2008 BARKER LIBRARIES This is a blank page 2 Pricing and licensing of software products and services: A study on industry trends By Shivashis Nayak Submitted to the System Design & Management Program in Partial Fulfillment of the Requirements for the Degree of Master of Science in Engineering and Management Abstract The software product business' reached the $150 billion mark at the end of 2005. The pricing and licensing of new products, maintenance services, services and service maintenance have become an important strategy to deliver smooth and steady revenue growth. The main objective of this thesis work is to observe the trends among various revenue prospects such as product sales, maintenance sales, service sales and service maintenance sales revenue. Both qualitative and quantitative analyses are pursued to achieve the research objectives. The software industry has gone through several transformations from its debut.
    [Show full text]