Under cross-examination from David Boies, an attorney for Oracle, Schmidt said one of his meetings with Schwartz was in the cafeteria at Sun's offices in Menlo Park, California.

"When did this recollection of a Menlo Park meeting come to you?" Boies wanted to know.

"I'm not sure," said Schmidt.

Boies read from deposition testimony Schmidt gave before the trial began. In it, Schmidt says he doesn't remember the specifics of his conversations with Schwartz, but that he thought they took place in Schwartz's office and over the phone.

On the stand, Schmidt said he stood by his earlier testimony.