IO Group, Inc. v. Veoh Networks, Inc.

Filing 84

Declaration of Gill Sperlein in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment 83 filed by IO Group, Inc. (Attachments: # 1 Exhibit Papa Deposition Excerpts# 2 Exhibit Styn Deposition Excerpts)(Related document(s) 83 ) (Sperlein, Dennis) (Filed on 8/14/2007) Text modified on 8/15/2007 to conform to document caption post by counsel (bw, COURT STAFF).

IO Group, Inc. v. Veoh Networks, Inc.

Doc. 84 Att. 2

Case 5:06-cv-03926-HRL

Document 84-3

Filed 08/14/2007

Page 1 of 7

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

____________________________ IO GROUP, INC., a California Corporation,

) ) ) ) Plaintiff, ) ) vs. ) ) VEOH NETWORKS, INC., a ) California Corporation, ) ) Defendant. ) ____________________________)

CASE NO. C-06-3926(HRL)

DEPOSITION OF JOHN STYN SAN DIEGO, CALIFORNIA MAY 31, 2007

REPORTED BY REGINA L. GARRISON, CSR NO. 12921

1

Dockets.Justia.com

Case 5:06-cv-03926-HRL

Document 84-3

Filed 08/14/2007

Page 2 of 7

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

____________________________ IO GROUP, INC., a California Corporation,

) ) ) ) Plaintiff, ) ) vs. ) ) VEOH NETWORKS, INC., a ) California Corporation, ) ) Defendant. ) ____________________________)

CASE NO. C-06-3926(HRL)

DEPOSITION OF JOHN STYN, taken on behalf of the Plaintiff, at 530 B Street, Suite 350, San Diego, California, on Thursday, May 31, 2007, at 9:57 a.m., before Regina L. Garrison, Certified Shorthand Reporter, in and for the County of San Diego, State of California.

2

Case 5:06-cv-03926-HRL

Document 84-3

Filed 08/14/2007

Page 3 of 7

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

APPEARANCES FOR THE PLAINTIFF: THE LAW OFFICES OF GILL SPERLEIN BY GILL SPERLEIN 69 Converse Street San Francisco, California 94103 [phone], Ext. 32 FOR THE DEFENDANT: WINSTON & STRAWN LLP BY JENNIFER A. GOLINVEAUX 101 California Street San Francisco, California 94111-5894 [phone]

3

Case 5:06-cv-03926-HRL

Document 84-3

Filed 08/14/2007

Page 4 of 7

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT 1 2 WITNESS: JOHN STYN

INDEX

EXAMINATION By Mr. Sperlein

PAGE 5

INDEX TO EXHIBITS MARKED VEOH Networks FAQ sheets May 31, 2006 e-mail to VEOH 54 63

4

Case 5:06-cv-03926-HRL

Document 84-3

Filed 08/14/2007

Page 5 of 7

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

know, maybe you have an additional recollection or you want to clarify something, feel free to bring that to our attention. We'll take the time to stop and let you

correct your previous statements. A. Q. A. Q. Okay. That's relatively common. Okay. Earlier, you said that part of your

consultant service was helping do beta tests, new projects; is that accurate? A. Q. Yes. Did you, as an individual, help VEOH to beta

test its product while it was in development? A. Q. I'm not sure what "in development" means. Are you aware of a period of time when VEOH

had what was called their "beta model" operating at VEOH.com? A. public. Q. A. Okay. But I used it very early on, as soon as it I don't know if I ever used it when it wasn't

was available. Q. Okay. And when you say "available," is that

available through VEOH.com? A. I don't remember. 19

Case 5:06-cv-03926-HRL

Document 84-3

Filed 08/14/2007

Page 6 of 7

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

Do you know if, at one time, in order to use

the VEOH product, you were required to download a VEOH client in order to use it as opposed to being able to simply look at video at the website VEOH.com? A. Q. Yes. Did you download VEOH client to your personal

computer prior to the ability for people to watch videos at VEOH.com? A. Q. Yes. And did you look at videos through the VEOH

client at that time? A. Q. Yes. So at that time, did you engage in any of the

activities that you would usually associate with beta testing? A. Q. Yes. Did you use the product and then give

feedback to VEOH as to how the product worked for you? A. Q. Yes. Were there other types of things that are

associated with beta testing that you did at that time? A. Q. No. That's the main idea, just using the product

and giving the company feedback? A. Correct. 20