Case 1:15-cv-00211-LGS-SDA Document 541 Filed 08/22/19 Page 1 of 8
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`SYNTEL STERLING BEST SHORES
`MAURITIUS LIMITED, and SYNTEL,
`INC.,
`
`15 Civ. 00211 (LGS) (SDA)
`
`Plaintiff,
`
`v.
`
`THE TRIZETTO GROUP, INC.
`and COGNIZANT TECHNOLOGY
`SOLUTIONS CORP.,
`
`Defendants-Counterclaimants.
`
`I, Chuck Sanders, hereby declare as follows:
`
`DECLARATION OF CHUCK SANDERS
`IN SUPPORT OF DEFENDANTS-
`COUNTERCLAIMANTS’ OPPOSITION
`TO PLAINTIFF’S MOTION FOR
`PARTIAL SUMMARY JUDGMENT
`
`(cid:3)
`
`1.
`
`I am over the age of 18 years and am not a party to the above-captioned case. I live
`
`in Randolph, New Jersey. Each of the facts set forth in the following declaration is true to my
`
`personal knowledge.
`
`2.
`
`I work for TriZetto as the Vice President of Corporate Development and Alliances
`
`with an office in Randolph, New Jersey.
`
`3.
`
`I submit this declaration in support of TriZetto Corporation (“TriZetto”) and
`
`Cognizant Technology Solution Corporation’s
`
`(“Cognizant”) Opposition
`
`to Plaintiff-
`
`Counterdefendants’ Motion for Partial Summary Judgment.
`
`I.
`
`FACETS & THE FACETS DATA DICTIONARY
`
`4.
`
`TriZetto offers numerous software products that it licenses to clients, including
`
`solutions and services for health plans, benefits administrators, health systems, and healthcare
`
`providers. TriZetto’s technology solutions reach over half the U.S. insured population and more
`
`than 250,000 care providers.
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`SYNTEL STERLING BEST SHORES
`MAURITIUS LIMITED, and SYNTEL,
`INC.,
`
`15 Civ. 00211 (LGS) (SDA)
`
`Plaintiff,
`
`v.
`
`THE TRIZETTO GROUP, INC.
`and COGNIZANT TECHNOLOGY
`SOLUTIONS CORP.,
`
`Defendants-Counterclaimants.
`
`I, Chuck Sanders, hereby declare as follows:
`
`DECLARATION OF CHUCK SANDERS
`IN SUPPORT OF DEFENDANTS-
`COUNTERCLAIMANTS’ OPPOSITION
`TO PLAINTIFF’S MOTION FOR
`PARTIAL SUMMARY JUDGMENT
`
`(cid:3)
`
`1.
`
`I am over the age of 18 years and am not a party to the above-captioned case. I live
`
`in Randolph, New Jersey. Each of the facts set forth in the following declaration is true to my
`
`personal knowledge.
`
`2.
`
`I work for TriZetto as the Vice President of Corporate Development and Alliances
`
`with an office in Randolph, New Jersey.
`
`3.
`
`I submit this declaration in support of TriZetto Corporation (“TriZetto”) and
`
`Cognizant Technology Solution Corporation’s
`
`(“Cognizant”) Opposition
`
`to Plaintiff-
`
`Counterdefendants’ Motion for Partial Summary Judgment.
`
`I.
`
`FACETS & THE FACETS DATA DICTIONARY
`
`4.
`
`TriZetto offers numerous software products that it licenses to clients, including
`
`solutions and services for health plans, benefits administrators, health systems, and healthcare
`
`providers. TriZetto’s technology solutions reach over half the U.S. insured population and more
`
`than 250,000 care providers.
`
`
`
`Case 1:15-cv-00211-LGS-SDA Document 541 Filed 08/22/19 Page 2 of 8
`
`5.
`
`Facets is TriZetto’s core software product geared specifically to health plan
`
`administration. TriZetto’s clients use Facets in adjudicating and processing healthcare claims, and
`
`TriZetto has invested significant resources developing this flagship software program, which has
`
`been in continuous development since at least as early as 1992.
`
`6.
`
`Facets is an extensive, complex, and valuable application used to administer health
`
`plans for healthcare providers. It contains thousands of tables, each with many data fields that
`
`store enormous amounts of information related to health plans and their members.
`
`7.
`
`The code base for Facets contains many files, including the Facets Data Dictionary,
`
`which is an essential part of Facets.
`
`8.
`
`9.
`
`The Facets Data Dictionary is delivered as part of the Facets install materials.
`
`A true and correct copy of the “Facets® Data Dictionary Guide” for “All Releases,”
`
`as produced in this litigation with the Bates numbers TZCG-00064962–5013, is attached hereto as
`
`Exhibit 1. Among other things, the Facets Data Dictionary Guide states that
`
` Ex. 1 at TZCG-00064965–66.
`
` it
`
`
`
`
`
`10.
`
`A true and correct copy of the “Facets® Release 5.01 Physical Package Document,”
`
`dated December 15, 2011, as produced in this litigation with the Bates numbers STROZ00037011–
`
`12, is attached hereto as Exhibit 2. Among other things, it states that
`
`Ex. 2 at STROZ00037012.
`
`11.
`
`As explained in the Facets Data Dictionary Guide, Facets Data Dictionary
`
` Ex. 1 at TZCG-00064965.
`
`
`
`
`
`12.
`
`Numerous elements of Facets are reproduced identically in the Facets Data
`
`Dictionary, including, among other things,
`
`
`
`Case 1:15-cv-00211-LGS-SDA Document 541 Filed 08/22/19 Page 3 of 8
`
`
`
`13.
`
`Numerous elements of Facets are also represented in detail in the Facets Data
`
`Dictionary. As explained in the Facets Data Dictionary Guide,
`
` Ex. 1 at TZCG-
`
`00064965. Among other things, the Facets Data Dictionary provides
`
`
`
`14.
`
`As another example, the Facets Data Dictionary contains
`
`explained in the Facets Data Dictionary Guide, the Facets Data Dictionary
`
` and
`
` As
`
`
`
`
`
` Ex. 1 at
`
`TZCG-00064968.
`
`15.
`
`These and other elements of Facets that are reproduced or represented in detail in
`
`the Facets Data Dictionary are the product of TriZetto’s Facets developers’ exercise of creative
`
`judgment to, among other things, select, organize, and relate each of the data models, tables, and
`
`fields; to establish the conventions and names for each; and to set the values that Facets is
`
`programmed to use and accept.
`
`16.
`
`The Facets Data Dictionary is tightly related to Facets, and is regarded as the “keys
`
`to the kingdom” and the “crown jewels” for Facets.
`
`17.
`
`Simply put, Facets is effectively unusable without the embedded Facets Data
`
`Dictionary functionality.
`
`
`
`Case 1:15-cv-00211-LGS-SDA Document 541 Filed 08/22/19 Page 4 of 8
`
`II.
`
`TRIZETTO’S COPYRIGHT REGISTRATIONS
`
`18.
`
`Information about TriZetto’s copyright registrations is publicly available on the
`
`Copyright Office’s online Public Catalog of copyright
`
`registrations,
`
`located at
`
`https://cocatalog.loc.gov/.
`
`19.
`
`It is a matter of public record that, as of today, TriZetto and Cognizant each own
`
`numerous copyright registrations.
`
`20.
`
`It is a matter of public record that TriZetto has five copyright registrations for
`
`Facets: (1) TXu001055382 (“Facets,” with a Registration Date of November 1, 2002); (2)
`
`TX0006156312 (“Facets 4.11,” with a Registration Date of March, 23, 2005); (3) TX0007593979
`
`(“Facets 5.01,” with a Registration Date of August 28, 2012); (4) TX0008097589 (“Facets 5.10,”
`
`with a Registration Date of October 7, 2015); and (5) TX0008100289 (“Facets 5.20,” with a
`
`Registration Date of October 12, 2015). Information about these Facets registrations is publicly
`
`available on the Copyright Office’s online Public Catalog of copyright registrations.
`
`21.
`
`The Copyright Office granted each of these registrations before September 30,
`
`2016, when TriZetto filed its operative amended counterclaims.
`
`III. TRIZETTO’S COPYRIGHT REGISTRATIONS FOR FACETS COVER THE
`FACETS DATA DICTIONARY
`
`22.
`
`TriZetto’s copyright registrations for Facets cover the entire Facets code base,
`
`which consists of many files including the Facets Data Dictionary.
`
`23. When TriZetto prepared the deposit copies in support of its applications to register
`
`the copyrights for Facets, it created the excerpts required by the Copyright Office for use as a
`
`deposit copy using the available Facets code base that it collects for deposit with a vendor to hold
`
`in escrow, which as always included the Facets Data Dictionary.
`
`
`
`Case 1:15-cv-00211-LGS-SDA Document 541 Filed 08/22/19 Page 5 of 8
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`24.
`
`From the Facets code base that TriZetto collects for its escrow deposits (which
`
`again includes the Facets Data Dictionary), TriZetto creates a document that will satisfy the
`
`applicable Copyright Office requirement that an application to register the copyright for a
`
`computer program be supported by a deposit copy comprised of the first and last 25 pages of source
`
`code. The document that TriZetto creates in this manner is what TriZetto submits to the Copyright
`
`Office as the deposit copy supporting the Facets copyright registration.
`
`25.
`
`The many files that comprise the Facets code base have no precise beginning,
`
`middle, or end. When TriZetto’s developers created a Facets deposit copy, they referred to the
`
`files collected for the Facets escrow deposit, used their judgment to select a sufficient number of
`
`Facets files, and concatenated them in a single document until, from beginning to end, they reached
`
`25 pages of code. They then did the same with a different set of files until, from the end to the
`
`beginning, they reached 25 pages of code. The document created in this fashion satisfied the
`
`Copyright Office’s deposit copy requirements, and was deposited with the Copyright Office in
`
`support of the Facets copyright application.
`
`*
`
`*
`
`*
`
`
`
`
`
`
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`Case 1:15-cv-00211-LGS-SDA Document 541 Filed 08/22/19 Page 6 of 8
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`I declare under penalty of perjury under the laws of the United States of America that the
`
`foregoing is true and correct.
`
`Executed on this 9th day of August, 2019 at Randolph, NJ.
`
`
`
`
`
`
`
`
`
`
`
`
`
`Chuck Sanders
`
`
`
`
`
`
`
`
`
`
`
`Case 1:15-cv-00211-LGS-SDA Document 541 Filed 08/22/19 Page 7 of 8
`Case 1:15-cv-00211-LGS-SDA Document541 Filed 08/22/19 Page 7 of 8
`
`(cid:3)(cid:3)
`(cid:40)(cid:59)(cid:43)(cid:44)(cid:37)(cid:44)(cid:55)(cid:3)(cid:20)(cid:3)
`EXHIBIT 1
`(cid:53)(cid:40)(cid:39)(cid:36)(cid:38)(cid:55)(cid:40)(cid:39)(cid:3)(cid:44)(cid:49)(cid:3)(cid:44)(cid:55)(cid:54)(cid:3)(cid:3)
`REDACTED IN ITS
`(cid:40)(cid:49)(cid:55)(cid:44)(cid:53)(cid:40)(cid:55)(cid:60)(cid:3)
`ENTIRETY
`
`
`
`Case 1:15-cv-00211-LGS-SDA Document 541 Filed 08/22/19 Page 8 of 8
`Case 1:15-cv-00211-LGS-SDA Document541 Filed 08/22/19 Page 8 of 8
`
`(cid:3)(cid:3)
`(cid:40)(cid:59)(cid:43)(cid:44)(cid:37)(cid:44)(cid:55)(cid:3)(cid:21)(cid:3)
`EXHIBIT 2
`(cid:53)(cid:40)(cid:39)(cid:36)(cid:38)(cid:55)(cid:40)(cid:39)(cid:3)(cid:44)(cid:49)(cid:3)(cid:44)(cid:55)(cid:54)(cid:3)(cid:3)
`REDACTED IN ITS
`(cid:40)(cid:49)(cid:55)(cid:44)(cid:53)(cid:40)(cid:55)(cid:60)(cid:3)
`ENTIRETY
`
`
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