Interserve, Inc. et al v. Fusion Garage PTE. LTD

Filing 180

EXHIBITS re 179 Memorandum in Opposition, Exhibit G filed byFusion Garage PTE. LTD. (Attachments: # 1 Exhibit H, # 2 Exhibit I, # 3 Exhibit J, # 4 Exhibit K, # 5 Proposed Order)(Related document(s) 179 ) (Pennypacker, Evette) (Filed on 9/23/2010)

Interserve, Inc. et al v. Fusion Garage PTE. LTD

Doc. 180 Att. 1

EXHIBIT H

Dockets.Justia.com

HEATHER A. HARDE HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY

8/11/2010

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

3 4 5 6 Plaintiffs,
7 VS. No. CV-09-5812 RS (PVT) INTERSERVE, INC., dba TECHCRUNCH, a Delaware corporation, and CRUNCHPAD, INC., a Delaware Corporation,

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Highly Confidential, Videotaped Deposition of HEATHER A. HARDE, taken on behalf of Defendant Fusion Garage PTE, LTD, at 555 Twin Dolphin Drive, 5th Floor, Redwood Shores, California, beginning at 9:22 a.m. and ending at 6:12 p.m., on Wednesday, August 11, 2010, before SUZANNE F. BOSCHETTI, Certified Shorthand Reporter No. 5111. FUSION GARAGE PTE, LTD., a Singapore company,

Defendant.

SARNOFF COURT REPORTERS AND LEGAL TECHNOLOGIES 877.955.3855

HEATHER A. HARDE HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY

8/11/2010

1 2

it? A. Not well.

3 4
5 6

Q.

Okay.

Were you in a position to be able to

compare any features that were in the JooJoo that
were in any other previous prototypes? A. Yes.

7 8 9 10
11 12 13 14 15 16 17 18 19

Q.

Okay.

Why don't you tell me from your --

from your operation of JooJoo and the previous prototypes, what features of the JooJoo were contained in the previous prototypes?
MR. BRIDGES: and argumentative. Objection. Lacks foundation

And vague and ambiguous. You haven't asked me about

THE WITNESS:

what I know about the previous prototypes. BY MR. STERN: Q. A. Q. A. I haven't. You just want me to -Jump in right to the end. Okay.

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22 23 24

Q.

So you've

you've testified that you've

held and operated the JooJoo, correct?
A. 'Q. A. Yes. And when did you do that for the first time? On Monday.

25

Q.

Okay.

And prior to that you had familiarity

V
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SARNOFF COURT REPORTERS AND LEGAL TECHNOLOGIES 877.955.3855

HEATHER A. HARDE HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY

8/11/2010

with Prototypes A, B and C, correct? A. Yes, but it was limited.

Q.

That's fine.

I'm -- I'm not suggesting

otherwise.
A. Q. Mm-hmm. In all events, can you tell me from your

having operated the JooJoo and having familiarity with prototypes A B and C, what features of the prototypes you found in the JooJoo? 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Mm-hmm. MR. BRIDGES: Again, I want to make an

objection of argumentative, lacks foundation, vague and ambiguous. THE WITNESS: There was a resistive screen.

There was a single button. There -- you booted directly to the web. The featured sites, which were displayed as icons, were substantially similar to the companies we had been highlighting in previous prototypes. The -- the chrome, meaning the

navigation for the web browser, was very minimalist in its design, and it disappeared once you navigated to a specific web page. There was an accelerometer. There were four major gestures, other minor gestures. BY MR. STERN: Q. You said other minor gestures?

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SARNOFF COURT REPORTERS AND LEGAL TECHNOLOGIES 877.955.3855

HEATHER A. HARDE HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY

8/11/2010

BY MR. STERN:

Q.

First let me tell you -- let me ask you,

can you please tell the jury exactly what familiarity you have with any source code or other code written by my client, Fusion Garage?
MR. BRIDGES : Objection. I move to strike

the question to the extent it's having the witness tell the jury. There is no jury here. She can -she can tell -- she can testify at a deposition and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that's what's happening right now. What happens to But it's

this deposition later is something else .

overbearing to ask the witness to be talking to the jury. BY MR. STERN:

Q.

You can answer the question.
MR. BRIDGES:

And I also object on the basis

of foundation.

Vague and ambiguous and competence. Yeah, I'm not in a position to

THE WITNESS:

talk at a source code level about any of the prototypes.
BY MR. STERN: Q. I wasn't asking about the prototypes. I

asked about -- can you tell the jury exactly what your familiarity is with any code that was written by my client?

106 SARNOFF COURT REPORTERS AND LEGAL TECHNOLOGIES 877.955.3855