Video Professor, Inc. v. Amazon.com, Inc.

Filing 79

MOTION for Attorney Fees and to Declare Case Exceptional Pursuant to 15 U.S.C. § 1117 by Defendant Amazon.com, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Briant, Jared)

EXHIBIT D

HIGHLY CONFIDENTIAL

Eric Herrmann 02/25/10

ATTORNEYS' EYES ONLY Pag e 1

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT COURT OF COLORADO ___________________________________________________________ ) ) ) ) Case No. Plaintiff, ) ) 09-cv-00636vs. ) REM-KLM ) AMAZON, INC., a Delaware corporation, ) ) ) Defendant. ) ) ) ___________________________________________________________ DEPOSITION OF ERIC HERRMANN HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY February 25, 2010 Seattle, Washington VIDEO PROFESSOR, INC., a Colorado corporation,

Reported by: Connie Recob, CCR, RMR, CRR, CLR CCR No. 2631 Job No. 118936
Esquire Deposition Solutions [e-mail] Telephone: [phone] Facsimile: 206-624-9995

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HIGHLY CONFIDENTIAL

Eric Herrmann 02/25/10

ATTORNEYS' EYES ONLY Page 192

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Q.

Okay.

So these are retail sales including Amazon retail and

third party sales where it says up at the top, Last retail sales were May of 2009? mean? A. Q. I don't know what that title means. It must mean all sales on the website since there are all sales listed here? A. Let me see. So that's an addendum that, apparently from By "retail sales" there what do you

looking at the numbers here, means that the last retail sales of Video Professor occurred in May of 2009. Q. A. Q. And "retail" meaning there Amazon retail? Meaning Amazon retail. So this is a chart showing sales of Amazon -- or excuse me -sales of Video Professor products on Amazon from whatever it is, '04 to 2010, '03, 12/03, for the history of the relationship it looks like, huh? A. Q. That is my understanding, yes. All right. Let me show you what's been marked as Deposition What is this?

Exhibit No. 5. A.

These are ad creative templates that were used for our Video Professor campaigns for each of the three North American search engines, Google, Yahoo and MSN.

Q.

This is the ad creative for the three different search engines, is that what you said?

A.

Yes.

701 5th Avenue, Suite 6630 Seattle, Washington 98104

Esquire Deposition Solutions [e-mail]

Telephone: [phone] Facsimile: 206-624-9995