Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 430

Declaration of Francis Ho in Support of #424 Apple's Reply in Support of its Motion for a Preliminary Injunction, filed by Apple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F-1, #7 Exhibit F-2, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J-1, #12 Exhibit J-2, #13 Exhibit K, #14 Exhibit L-1, #15 Exhibit L-2, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T, #24 Exhibit U, #25 Exhibit V, #26 Exhibit W, #27 Exhibit X, #28 Exhibit Y, #29 Exhibit Z, #30 Exhibit AA, #31 Exhibit BB, #32 Exhibit CC, #33 Exhibit DD, #34 Exhibit EE, #35 Exhibit FF, #36 Exhibit GG, #37 Exhibit HH, #38 Exhibit II, #39 Exhibit JJ, #40 Exhibit KK, #41 Exhibit LL)(Related document(s) #424 ) (Bartlett, Jason) (Filed on 11/29/2011) Modified text on 11/30/2011 (dhm, COURT STAFF).

Exhibit Y

Page 1
1

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

2
3
4

APPLE, INC., a California
corporation,

5
Plaintiff,
6
vs.
7
8
9
10

SAMSUNG ELECTRONICS CO., LTD.,
a Korean business entity;
SAMSUNG ELECTRONICS AMERICA,
INC., a New York corporation;
SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC, a Delaware
limited liability company,

11
Defendants.

)
)
)
)
)
) Case No.
) 11-CV-01846-LHK
)
)
)
)
)
)
)
)
)

12
13
14
15

VIDEOTAPED DEPOSITION OF ROGER F. FIDLER

16

TAKEN ON BEHALF OF THE PLAINTIFF

17

SEPTEMBER 23, 2011

18
19
20
(Starting time of the deposition:

9:32 a.m.)

21
22
23
24
25

Job Number: 41966

TSG Reporting - Worldwide

877-702-9580

Page 4
1

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

2
3

APPLE, INC., a California
corporation,

4
Plaintiff,
5
vs.
6
7
8
9

SAMSUNG ELECTRONICS CO., LTD.,
a Korean business entity;
SAMSUNG ELECTRONICS AMERICA,
INC., a New York corporation;
SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC, a Delaware
limited liability company,

10
Defendants.

)
)
)
)
)
) Case No.
) 11-CV-01846-LHK
)
)
)
)
)
)
)
)
)

11
12
13
14
15
16
17
18
19
20
21

VIDEOTAPED DEPOSITION OF ROGER F. FIDLER,
produced, sworn and examined on September 23, 2011,
between the hours of nine o'clock in the forenoon and
eight o'clock in the evening of that day, at the
offices of Midwest Litigation Services, 401 Locust
Street, Suite 204, Columbia, Missouri 65201, before
William L. DeVries, a Certified Court Reporter (MO),
Certified Shorthand Reporter (IL), Registered
Diplomate Reporter, Certified Realtime Reporter, and a
Notary Public within and for the State of Missouri, in
a certain cause now pending in the United States
District Court, Northern District of California,
between APPLE, INC., a California corporation,
Plaintiff, vs. SAMSUNG ELECTRONICS CO., LTD., a Korean
business entity; SAMSUNG ELECTRONICS AMERICA, INC., a
New York corporation; SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC, a Delaware limited liability company,
Defendants; on behalf of the Plaintiff.

22
23
24
25
TSG Reporting - Worldwide

877-702-9580

Page 5
1

A P P E A R A N C E S

2
3
4
5

For the Plaintiff:
Ms. Jennifer Lee Taylor
Morrison & Foerster
425 Market Street
San Francisco, California 94105

6
7
8
For the Defendants:
9
10
11

Mr. Michael T. Zeller
Quinn Emanuel Urquhart & Sullivan
865 South Figueroa Street,
Los Angeles, California 90017

12
13
14
15

Mr. Michael D. Sadowitz
Quinn Emanuel Urquhart & Sullivan
51 Madison Avenue, 22nd Floor
New York, New York 10010

16
17
18
19

Also present:
Mr. John Niehaus, Videographer

20
21
22
23
24
25

Court Reporter:
William L. DeVries, RDR/CRR
Missouri CCR #566
Illinois CSR #084-003893

TSG Reporting - Worldwide

877-702-9580

Page 174
1

lab.

They opened the lab shortly after we opened our

2

lab.

The -- Paramount opened a lab on the opposite

3

side of our office.

4

US West had a -- a small office there where the people

5

that were working with us on communications were

6

located.

So we had Paramount, Apple.

7

Q.

Was this all on one floor?

8

A.

All on the same floor.

And

9
10

US West, I'm not

sure if they were on the same floor or not.

I think

they were on another floor.

11

Q.

What's Paramount?

12

A.

Paramount Motion Pictures.

They were

13

looking at how to do entertainment and videos and very

14

interested in the tablet for being able to distribute

15

videos and multimedia.

16
17

Q.

In your -- or what was -- you said it was

an Apple Media Lab; is that correct?

18

A.

It was the Apple Media Lab.

They had a

19

couple people who had been locally hired that I've

20

mentioned, Dennis Dube.

21

Q.

Could you spell that?

22

A.

D-U-B-E, the last name.

Dennis is first

23

name.

Joe Pezzilo I think is how it was --

24

P-E-Z-Z-I-L-O I think is the spelling.

25

sure about the spelling, but those are the two names I

TSG Reporting - Worldwide

Yeah, I'm not

877-702-9580

Page 175
1

remember.

2

There were -- there were at least two other

3

people that were in the lab on a fairly regular basis,

4

but -- and we -- at that point we were working with

5

them on the development of -- of newspaper content for

6

the Apple Newton, and it was just as the Apple Newton

7

was being developed and they were getting ready to

8

launch the Apple Newton, '92, '93.

9

Q.

Is that when it launched?

10

A.

'93 I think is when it -- when it launched.

11

Q.

So you said a couple -- you used the phrase

12
13
14

a couple of local hires?
A.

Well, Dennis and -- and Joe both lived in

Boulder and were hired by Apple.

15

Q.

Uh-huh.

16

A.

And they had a -- a couple other people.

17

don't know if they were local hires or they were hired

18

from Apple.

19

their staff situation.

20

and meet with us occasionally.

21

lab and talk to them about the Apple Newton.

22

were right adjacent to our lab.

23

Q.

You know, we weren't really involved in
But they would come to our lab
We would go to their
But they

Do you know if they were working on

24

anything else other than newspaper content for the

25

Apple Newton?

TSG Reporting - Worldwide

877-702-9580

I

Page 176
1

A.

Well, they were working on content for the

2

Newton, but to my knowledge they were most interested

3

in getting news content for the Newton.

4

was their mandate from Apple.

5
6

Q.

I think that

Do you know why they were doing this in

Boulder, Colorado?

7

A.

Well, they opened the lab after we opened

8

our lab, and I think it was, you know, because we were

9

there.

10

They opened their lab to work with us.

was no other reason for them to be in that location.

11
12

There

Q.

Did anyone tell you that's why they opened

their lab?

13

A.

I suspect at some point in the conversation

14

they mentioned that the -- well, in fact, I knew when

15

they -- when they opened the lab that they were

16

opening it because we were there and they wanted to

17

work with Knight-Ridder on developing content for the

18

Newton.

19

was intentional.

20

Q.

So yes, they did -- they did tell us that it

Can you -- do you remember any -- what

21

period of time were you working with the folks at

22

Apple Media Lab to develop the content?

23

A.

It would have been probably beginning in --

24

I would suspect in 1993.

We opened our lab in August,

25

September of -- of '92, and wasn't very long after

TSG Reporting - Worldwide

877-702-9580

Page 177
1

that that they opened their lab adjacent to us.

2

Paramount opened its lab also in '93.

3
4

And

Q.

Do you know how long the Apple Lab stayed

A.

I think they shut down shortly after

open?

5
6

Knight-Ridder shut down our lab, that all of -- all of

7

the people who had been working with us in that

8

building shut down their laboratories soon after we

9

left.

10
11

Q.

Other than discussing content for the

Newton with them --

12

A.

Uh-huh.

13

Q.

-- do you remember any other discussions

14

you had with them?

15
16

MR. ZELLER:
A.

17
18

The question --

Well, we -MR. ZELLER:

The question is vague at this

point --

19

THE WITNESS:

20

MR. ZELLER:

Uh-huh.
-- as to -- he's already

21

testified about some discussions he had with -- with

22

Apple -- Apple people.

23

vague and confusing at this point.

24
25

So I think the question is

THE WITNESS:
Q.

Uh-huh.

(By Ms. Taylor)

Go ahead.

TSG Reporting - Worldwide

877-702-9580

Page 178
1

A.

So they visited our lab quite often.

We

2

had lunches together.

They were intrigued by my

3

vision of the tablet, and I may be mistaken, but I'm

4

fairly confident that Dennis Dube who was heading up

5

the lab was the person who actually recommended the

6

videographer that we ended up using because he was --

7

he had -- he was native to Boulder and had been there

8

for some time.

9

Boulder.

As far as I know, he's still living in

10

So yes, we -- we had lots of discussions

11

about the validity of the -- my vision of the tablet

12

and when that might happen and -- and my view as that

13

the Newton was just the beginning of what was coming.

14
15

Q.

When you say you had discussions about the

validity of my vision of the tablet --

16

A.

Uh-huh.

17

Q.

-- what do you mean when you say my vision

18
19

of the tablet?
A.

Well, the idea of a magazine-sized tablet,

20

it would be lightweight, easy to carry, that

21

newspapers could use to do more visually rich

22

presentation.

23

With the Newton, all that we could do at

24

that time was just text, and it was small -- it was so

25

small that all you could really do was one column of

TSG Reporting - Worldwide

877-702-9580

Page 179
1

text.

2
3

Q.

display text; you don't mean send a text message?

4
5

A.

8
9

No.

It was just -- you know, it would

display the stories on the -- on the screen.

6
7

When you say just text, you mean just

Q.

Life has evolved.

A.

Uh-huh.

Text has another meaning

now.
Uh-huh.

No, we also had Newton

poetry at that time when -- it was handwriting

10

recognition if you recall on the Newton.

And so the

11

joke at the time was that the handwriting recognition,

12

whatever you wrote, it would -- it would create its

13

own poetry too.

14

Q.

That all -- it was quite humorous.

I think you used the phrase they were

15

intrigued by your vision of the tablet.

16

made you say that or what makes you think that?

17

A.

What -- what

Well, because I think Dennis came from a

18

newspaper background, was equally concerned about the

19

digital transformation of newspapers, and so was eager

20

to know as much as he could about what we were doing.

21

As I said earlier, we had no interest in

22

building hardware, and if -- if I was able to

23

stimulate Apple to move more quickly to build tablets,

24

I would have been very happy.

25

Q.

Do you think you did?

TSG Reporting - Worldwide

877-702-9580

Page 180
1

A.

I don't know.

No way to know for sure.

2

Obviously the -- with the videos being widely

3

circulated and -- and as many conferences as I spoke

4

at and the fact that one of our members of our team

5

went to work for Apple after we shut down the lab, I

6

have to believe that people at Apple knew about the

7

work I was doing.

8
9
10

In all fairness, that was at the time when
Sculley was the CEO and Steve Jobs didn't return
until, what, 1997 I believe it was.

11
12

Q.

After Knight-Ridder closed, have you had

any communications with anyone at Apple?

13

A.

No.

We've tried, but...

14

Q.

When did you try?

15

A.

Well, when I went to Kent State we tried to

16

see if Apple would be interested in helping fund our

17

research and development work, but were unsuccessful.

18

We had -- Adobe funded our research.

19
20

Q.

Did you have anyone else fund it while you

were at Kent State?

21

A.

I'm sorry?

22

Q.

Did anyone else fund your research at Kent

24

A.

Los Angeles Times.

25

Q.

Anyone else?

23

State?

TSG Reporting - Worldwide

877-702-9580

Page 187
1
2

Q.

And -- and if that was happening, that's

separate from what you're doing?

3

A.

Yeah, absolutely.

4

Q.

Okay.

5

Other than what you've described

that may be happening --

6

A.

Uh-huh.

7

Q.

-- are you aware of any other possible

8

connections between Samsung and the Reynolds?

9

A.

That's all I'm aware of.

10

Q.

If you'll go to Exhibit H of your

11

declaration, it is the article with the picture of

12

you.

13

A.

Uh-huh.

Uh-huh.

14

Q.

I think this is Forbes ASAP.

15

A.

Uh-huh.

16

Q.

Second page --

17

A.

Uh-huh.

18

Q.

-- first column --

19

A.

Uh-huh.

20

Q.

-- halfway down --

21

A.

Uh-huh.

22

Q.

-- just below where it says "Telecosm."

23

the left side it says, "Down the hall is an Apple

24

Computer media center which is developing graphical

25

forms of AppleLink, the company's on-line network."

TSG Reporting - Worldwide

877-702-9580

On

Page 188
1

Do you see that.

2

A.

3
4

MR. ZELLER:
Exhibit 8.

5
6

A.

9
10

I'm sorry.

We're on

What paragraph is that again?
Right.

They're talking -- the Apple Media

Lab.

7
8

Uh-huh.

MR. ZELLER:
Q.

Thank you.

(By Ms. Taylor)

Is that the media lab you

were describing earlier?
A.

Yes, that's what I'm referring to.

I think

11

George Gilder didn't fully understand it.

12

was -- we were looking at ways to deliver content to

13

the Newtons.

14

was the -- that was our main focus at that time.

15

And yes, he

He doesn't mention the Newton, but that

AppleLink I believe by that time -- I

16

worked with AppleLink and I had close relation with

17

Apple early on because I licensed the AppleLink

18

technology in 1994 to launch what I called Presslink

19

as a global intranet for the newspaper industry to

20

deliver graphics and photos.

21

So -- but I think by the time he wrote this

22

article, I think he was mistaken that AppleLink was --

23

had already been sold, and that was the basis for AOL

24

to be able to launch a similar system.

25

So I think what he was referring to here

TSG Reporting - Worldwide

877-702-9580

Page 189
1

is -- is that to provide a way to deliver content

2

on-line to the -- the Newton, which he doesn't

3

mention.

4

Q.

I'll have to admit I'm a little bit

5

confused.

6

he's -- the timing, like AppleLink --

Is it -- is -- is the potential error that

7

A.

Uh-huh.

8

Q.

-- had already been sold to some third

9
10
11
12
13

party by the time this article was written?
A.

If my memory serves me correctly, AppleLink

had already been sold by that time.
Q.

At some point when this Apple Computer

media center was in Boulder --

14

A.

Uh-huh.

15

Q.

-- do you know if it was working on what

16

he's described in this article?

17

A.

I don't think he accurately described it.

18

Q.

Okay.

19

A.

And it may be that they did not want to

20

tell him what they were working on at that point, but

21

that's my personal speculation.

22

Q.

The last -- we'll go to paragraph ten of

23

your declaration.

24

page four.

25

break because you've been sitting there a long time

Go to the front.

Paragraph ten,

By the way, tell me if you want to take a

TSG Reporting - Worldwide

877-702-9580

Page 190
1

since we watched a video.

2

A.

Paragraph ten?

3

Q.

Paragraph ten.

4

A.

Uh-huh.

5

Q.

The last sentence, paragraphs ten says IDL

6

worked with Apple on news content --

7

A.

Uh-huh.

8

Q.

-- for Apple's Newton product --

9

A.

Uh-huh.

10

Q.

-- until IDL shut down in 1995.

11

A.

Uh-huh.

12

Q.

Can you tell me what that means?

13

A.

That's what I had just said, that we -- our

14

involvement with them -- with Apple was specifically

15

about delivering news content to the Apple Newton

16

during -- from about 1993 to 1995.

17
18
19
20

Q.

But what did you really do on a day-to-day

A.

We were looking about -- at how we would

basis?

get the feeds of -- of news from newspapers --

21

Q.

Uh-huh.

22

A.

-- and to be able to deliver them to the

23

device and what the content might look like when it's

24

on the Apple Newton.

25

Q.

And how were you talking about getting the

TSG Reporting - Worldwide

877-702-9580

Page 191
1
2

feeds to the device?
A.

The -- again, remembering this is before or

3

just as the -- the web was developing, trying to

4

figure out the most efficient way to get it to them.

5

And as I recall -- again, it's a while -- that nothing

6

specific came out of that -- those discussions or we

7

didn't actually end up producing something that they

8

could use because even by the time we shut down in

9

1995, it was apparent that the Apple Newton was not

10

going to be a successful product.

11

when the Apple Lab finally shut down.

12
13

Q.

And I think 1996 is

The next sentence, which is the first

sentence in paragraph eleven --

14

A.

Uh-huh.

15

Q.

-- says during the time IDL and Apple

16

collaborated --

17

A.

Uh-huh.

18

Q.

-- Apple personnel were exposed to my

19

tablet ideas and prototypes.

20

A.

Uh-huh.

21

Q.

Do you see that sentence?

22

A.

Yes, uh-huh.

23

Q.

What -- what is -- what was that

24
25

collaboration?
A.

We had a conference room in our lab where

TSG Reporting - Worldwide

877-702-9580

Page 192
1

we would meet and talk about -- we certainly talked

2

about the Newton, but we were talking about at what

3

point can we expect to see a tablet, and I would show

4

the prototypes that we had.

5

Again, we were not trying to keep our

6

tablet idea secret because we wanted companies to

7

build a tablet device.

8

encouraging them to pursue a larger magazine-sized

9

device for displaying newspaper content.

So I was probably certainly

10

And we showed them some of our early ideas

11

for -- or our ideas for how news could be presented on

12

a tablet.

13

video that we produced, the 1994 video.

When we produced our video, they saw our

14

Q.

Exhibit L.

15

A.

At -- at the -- what?

16

Q.

Exhibit L.

17

A.

Oh.

18

Q.

That's the -- that's how we identified the

19
20

1994 video, Exhibit L.
A.

Right.

Right.

1994 video in our lab.

And

21

so in collaboration -- that may be a bit strong, but

22

we -- you know, I would pick their brains for what

23

they knew and -- and what we might learn about how

24

tablets might evolve and how news might be presented

25

on those devices.

TSG Reporting - Worldwide

877-702-9580

Page 193
1

So it was a very congenial, relaxed -- we

2

would go to lunch together.

3

was -- it was -- it was not a formal arrangement with

4

them.

5
6

Q.

We would have -- so there

When you were working with them on the news

content --

7

A.

Uh-huh.

8

Q.

-- as referenced in the previous

9

paragraph --

10

A.

Uh-huh.

11

Q.

-- did you have a contract in place with

13

A.

There was no contract.

14

Q.

Did one company pay the other company?

15

A.

No.

16

Q.

Was --

17

A.

And we -- and -- and they received no money

12

18
19
20
21

them?

We received no money from Apple.

from us.
Q.

Was -- was there a formal relationship

between the companies?
A.

No.

There was no -- there was no NDA

22

between us.

23

that I recall that we actually signed.

24
25

Q.

At least -- let me correct that.

No NDA

So how did it come to be that you were

working with them on news content for the Apple's

TSG Reporting - Worldwide

877-702-9580

Page 194
1

Newton product?

2

A.

Because that was -- my understanding was

3

that that was their main reason for existing in

4

Boulder, Colorado was to learn about how -- you have

5

to understand, the Newton was originally set up to be

6

a personal digital assistant.

7

And so its original focus was more on

8

maintaining your calendar, maintaining your phone

9

list, all the basic information, plus being able to

10

take notes and -- and have that translated into

11

machine-readable text.

12

At the time that they opened the lab in

13

Boulder, they were beginning to think about what kinds

14

of more dynamic information we could provide that

15

would make the Newton more valuable to people.

16

And so our discussions were more general

17

and exploring what the issues would be, what

18

newspapers would have to do if they wanted to

19

contribute content, much the same that later they had

20

to learn how to do -- to provide to e-readers.

21

Very similar situation.

But to my

22

knowledge, we were not able to get any newspapers to

23

deliver content to them.

24

them, but we actually did not have a newspaper working

25

with them.

We could simulate content to

TSG Reporting - Worldwide

877-702-9580

Page 195
1

We did attempt to work with The Daily

2

Camera, which is the local newspaper in Boulder,

3

Colorado which Knight-Ridder owned, and I do recall

4

meetings with Dennis Dube, Barrie Hartman, who is the

5

editor and later the publisher of the -- of the

6

newspaper and I would sit down and we would talk about

7

the future and how perhaps we could experiment with

8

content from the daily news -- or I mean the -- The

9

Daily Camera to simulate what we could do with the

10

Apple Newton.

11

At the same time, by the way, I was also

12

working -- or looking at the -- the GO Tablet that was

13

developed by GO Corporation and meeting with people

14

from GO and from Slate, a company that was based in

15

Arizona that was developing content for the GO Tablet,

16

which was in fact a letter-sized black and white

17

display.

18

And they launched that also in -- I think

19

they began it in 1992, but it was finally launched in

20

1993.

21
22
23

So ...
Q.

How did you first meet the people at the

Apple Computer Media Lab?
A.

I honestly don't recall of how that

24

occurred, but I -- I remember meeting with Dennis

25

Dube, who headed the lab at that time, and -- when he

TSG Reporting - Worldwide

877-702-9580

Page 196
1

indicated he'd like to set up the Apple Media Lab

2

adjacent to our lab and collaborate with me.

3

Q.

Was Dennis Dube -- is it a V or a B?

4

A.

B, Dennis Dube.

5

Q.

B, okay.

Was Dennis Dube an employee of

6

Apple before the Apple Media Lab was set up as far as

7

you know?

8

A.

I don't know.

9

Q.

But you recall meeting with him before the

10

media lab was set up?

11

A.

Right.

12

Q.

And did he ask if -- if you would help them

13

with what they were planning to do?

14

MR. ZELLER:

I think the question is vague.

15

A.

I -- I don't recall exactly what he asked

16

me at that point.

17

Q.

18

people --

19

A.

Uh-huh.

20

Q.

-- who worked at the Apple Media Lab.

21

A.

Uh-huh.

22

Q.

Mr. Dube and --

23

A.

Joe Pezzilo.

24

Q.

Pezzilo.

25

A.

Uh-huh.

(By Ms. Taylor)

You identified two

TSG Reporting - Worldwide

877-702-9580

Page 197
1
2

Q.

Do you recall any other names as the day

has gone on?

3

A.

Not at this point.

4

Q.

Do you know how many more people there

A.

Only -- if memory serves me, I think there

5

were?

6
7

were four people at the lab, but that's just my

8

memory.

9

that.

10

I have no specific information to corroborate

Q.

Did the collaboration that you had, that

11

you reference in paragraph eleven, go beyond working

12

with Apple and news content for Apple's Newton

13

product?

14

A.

Apple what?

15

Q.

Apple's Newton product.

16

MR. ZELLER:

17

answered.

18

A.

19
20
21
22
23

This is -- this is asked and

It's also vague.
At that time the Apple Newton was the only

thing we were focused on.
MS. TAYLOR:

Okay.

I've been told we're

just about out of time, so let's take a break.
VIDEOGRAPHER:

We're going off the record

at approximately 4:14 p.m.

24

(WHEREIN, a recess was taken.)

25

VIDEOGRAPHER:

We're back on the record on

TSG Reporting - Worldwide

877-702-9580

Page 343
1

that's confidential?

2

A.

3

was confidential.

4
5

To my knowledge, nothing I discussed today

MS. TAYLOR:

Okay.

I think I'm done.

So

we'll go off the record.

6

MR. ZELLER:

I may have one question.

7

me see one second.

8

further questions for you.

9

VIDEOGRAPHER:

10
11

MR. ZELLER:

Signature?
We have -- we have a

VIDEOGRAPHER:

We're going off the record

at approximately 7:52 p.m.

14
15

I have no

stipulation.

12
13

No, I was incorrect.

Let

(WHEREIN, the deposition was concluded at
7:52 p.m.)

16
17
18
19
20
21
22
23
24
25

TSG Reporting - Worldwide

877-702-9580

Page 344
1

CERTIFICATE OF REPORTER

2

STATE OF MISSOURI

3

CITY OF ST. LOUIS

4

)
) ss.
)

I, William L. DeVries, a Certified Court

5

Reporter (MO), Certified Shorthand Reporter (IL),

6

Registered Diplomate Reporter, Certified Realtime

7

Reporter, and a Notary Public within and for the State

8

of Missouri, do hereby certify that the witness whose

9

testimony appears in the foregoing deposition was duly

10

sworn by me; that the testimony of said witness was

11

taken by me to the best of my ability and thereafter

12

reduced to typewriting under my direction; that I am

13

neither counsel for, related to, nor employed by any

14

of the parties to the action in which this deposition

15

was taken, and further that I am not a relative or

16

employee of any attorney or counsel employed by the

17

parties thereto, nor financially or otherwise

18

interested in the outcome of the action.

19
20

____________________________

21

Notary Public within and for

22

The State of Missouri

23

Dated September 24th, 2011

24
25

My commission expires August 14, 2015.

TSG Reporting - Worldwide

877-702-9580

Page 345
1

STATE OF

)

2
3

)
COUNTY OF

)

4
5
6
7
8

I, ROGER F. FIDLER, do hereby certify:
That I have read the foregoing deposition;
That I have made such changes in form and/or
substance to the within deposition as might be
necessary to render the same true and correct;
That having made such changes thereon, I hereby
subscribe my name to the deposition.
I declare under penalty of perjury that the
foregoing is true and correct.

9
10
ROGER F. FIDLER
11
12
13

Executed this 24th day of September,
2011.

14
15
16

Notary Public:

17

My Commission Expires:

18
19
20
21
22
23
24
25

TSG Reporting - Worldwide

877-702-9580