Vulcan Golf, LLC v. Google Inc. et al

Filing 211

DECLARATION of Itamar Simonson, Ph.D. regarding response in opposition to motion 207 Amended (Attachments: # 1 Exhibit A-B)(Moran, Mariah)

EXHIBIT A

Itamar Simonson
ADDRESSES Home: 1044 Vernier Place Stanford, CA 94305 [phone] Cell: [phone] Fax: [phone] EDUCATION Ph.D. Duke University, Fuqua School of Business Major: Marketing; May 1987 UCLA, Graduate School of Management Major: Marketing; March 1978 Hebrew University, Jerusalem, Israel Major: Economics, Political Science; August 1976 June 2008 Office: Graduate School of Business Stanford University Stanford, CA 94305-5015 [phone] [e-mail]

M.B.A. B.A.

ACADEMIC POSITIONS July 1987 - June 1993 University of California, Berkeley Haas School of Business Assistant Professor Stanford Graduate School of Business Associate Professor of Marketing Stanford Graduate School of Business Professor of Marketing Stanford Graduate School of Business Sebastian S. Kresge Professor of Marketing Stanford Graduate School of Business Marketing Group Head MIT Sloan School of Management Visiting Professor of Marketing

July 1993 ­ Aug. 1996 Sept. 1996 ­ Aug. 1999 Sept. 1999 ­ Present 1994 ­ 2000 Fall 2000

AWARDS
- Best Article in the Journal of Consumer Research during the period 1987-1989. - The 1997 O'Dell Award (for the Journal of Marketing Research article that has had the greatest impact on the marketing field in the previous five years). - The 2001 O'Dell Award. - Best Article in the Journal of Public Policy & Marketing during the period 1993-1995. - The 2007 Society for Consumer Psychology Distinguished Scientific Achievement Award. - The 2002 American Marketing Association Award for the Best Article in the area of Services Marketing. - The Association for Consumer Research 1990 "Ferber Award." - Runner-up/Finalist for the O'Dell Award: 1995; 2002; 2004; 2005; 2007; 2008. - Finalist for the 2003 Paul Green Award (for the Journal of Marketing Research article with the greatest potential to contribute to the practice of marketing research). - Runner-up for the 2005 Journal of Consumer Research Best Article Award. - Winner in the Marketing Science Institute and Direct Marketing Association competition on "Understanding and Measuring the Effect of Direct Marketing." - Runner-up for the 1993 California Management Review Best Article Award. - National Science Foundation Grant (for 1996-8). - Outstanding Reviewer Award, Journal of Consumer Research, 2005. - Honorable Mention for the Sloan Executive Program Teaching Award (Fall 1995). - Five years in the Berkeley School of Business "6-Point Club" (instructors with teaching ratings of 6 or more on a 7-point scale). TEACHING EXPERIENCE Stanford University: Marketing Management (for MBAs) Marketing Management (the Sloan Executive Program) Marketing to Businesses (for MBAs) Technology Marketing (for MBAs) Research Methods for Studying Buyer Behavior (a Ph.D. Course) Decision Making (a Ph.D. Course) Buyer Behavior (a Ph.D. course) University Of California, Berkeley: Marketing Management (for MBAs - day and evening programs) Consumer Behavior and Decision Making (a Ph.D. Course) Various Marketing Executive Education Programs.

BUSINESS EXPERIENCE October 1978-August 1983 Motorola, Inc. Worked in an international subsidiary; responsibilities included marketing research and customer analysis, definition of new products, pricing, analysis of sales force performance, competitive intelligence, and forecasting. Conducted studies of markets for various communications products. Last two years served as Product Marketing Manager for communications products. Consulting: Consulted for clients from the communications, services, and manufacturing sectors. Expert witness assignments in the areas of trademark infringement, deceptive advertising, market surveys, buyer behavior, marketing management, brand equity, retailing and distribution, and other aspects of marketing.

PUBLICATIONS
Itamar Simonson (2008), "Regarding Inherent Preferences," Journal of Consumer Psychology, forthcoming. Itamar Simonson (2007), "Will I Like a `Medium' Pillow? Another Look at Constructed and Inherent Preferences," Journal of Consumer Psychology, forthcoming. Song-Oh Yoon and Itamar Simonson (2007), "The Context of Construction As a Determinant of the Strength and Stability of Consumer Preferences," Journal of Consumer Research, forthcoming. Itamar Simonson (2007), "Decision Making," Encyclopedia of Social Psychology; Sage. Jonah Berger, Michaela Draganska, and Itamar Simonson (2007), "The Influence of Product Variety on Brand Perceptions, Choice, and Experience," Marketing Science, 26, July-August, 460-72. Ray Fisman, Sheena Iyengar, Emir Kamenica, and Itamar Simonson (2007), "Racial Preferences in Dating," Review of Economic Studies, forthcoming. Nathan Novemsky, Ravi Dhar, Norbert Schwarz, and Itamar Simonson (2007), "Preference Fluency in Choice," Journal of Marketing Research, XLIV, 347-356. Chezy Ofir and Itamar Simonson (2007), "The Effect of Stating Expectations on Customer Satisfaction and Shopping Experience," Journal of Marketing Research, February, 164-174. Raymond Fisman, Sheena Iyengar, Emir Kamenica, and Itamar Simonson (2006), "Gender Differences in Mate Selection: Evidence from a Speed Dating Experiment," Quarterly Journal of Economics, 121 (2), 673-697.

PUBLICATIONS (continued) Itamar Simonson (2005), "Determinants of Customers' Responses to Customized Offers: Conceptual Framework and Research Propositions," Journal of Marketing, 69 (January), 32-45. Itamar Simonson (2005), "In Defense of Consciousness: The Role of Conscious and Unconscious Inputs in Consumer Choice," Journal of Consumer Psychology,15(3), 211-217. Donnel Briley, Michael Morris, and Itamar Simonson (2005), "Cultural Chameleons: Biculturals, Conformity Motives, and Decision Making," Journal of Consumer Psychology, 15 (4), 351-362. Uptal Dholakia and Itamar Simonson (2005), "The Effect of Explicit Reference Points on Consumer Choice and Online Bidding Behavior," Marketing Science, 24, 206-17. Itamar Simonson, Thomas Kramer, and Maia Young (2004), "Effect Propensity," Organizational Behavior and Human Decision Processes, 95 (November), 156-74. Itamar Simonson and Aimee Drolet (2004), "Anchoring Effects on Consumers' Willingness-to-Pay and Willingness-to-Accept," Journal of Consumer Research, 31 (December), 681-90. Ran Kivetz and Itamar Simonson (2003) "The Idiosyncratic Fit Heuristic: The Role of Effort Advantage in Consumer Response to Loyalty Programs," Journal of Marketing Research, 40 (November), 454-67. Ravi Dhar and Itamar Simonson (2003), "The Effect of Forced Choice on Choice," Journal of Marketing Research, 40 (May), 146-60. Dan Ariely and Itamar Simonson (2003), "Buying, Bidding, Playing, or Competing? Value Assessment and Decision Dynamics in Online Auctions," Journal of Consumer Psychology, 13(1&2), 113­123. Ran Kivetz and Itamar Simonson (2002), "Self Control for the Righteous: Toward a Theory of Luxury Pre-Commitment," Journal of Consumer Research, 29 (September), 199-217. Ran Kivetz and Itamar Simonson (2002), "Earning the Right to Indulge: Effort as a Determinant of Customer Preferences Toward Frequency Program Rewards," Journal of Marketing Research, 39 (May), 155-70. Chezy Ofir and Itamar Simonson (2001), "In Search of Negative Customer Feedback: The Effect of Expecting to Evaluate on Satisfaction Evaluations," Journal of Marketing Research, 38 (May), 170-82. Itamar Simonson, Ziv Carmon, Ravi Dhar, Aimee Drolet, and Stephen Nowlis (2001), "Consumer Research: In Search of Identity," Annual Review of Psychology, 52, 249275.

PUBLICATIONS (continued) Donnel Briley, Michael Morris, and Itamar Simonson (2000), "Reasons as Carriers of Culture: Dynamic Vs. Dispositional Models of Cultural Influence on Decision Making," Journal of Consumer Research, 27 (September), 157-178. Aimee Drolet, Itamar Simonson, and Amos Tversky (2000), "Indifference Curves that Travel with the Choice Set," Marketing Letters, 11(3), 199-209. Stephen Nowlis and Itamar Simonson (2000), "Sales promotions and the Choice Context as Competing Influences on Consumer Decision Making," Journal of Consumer Psychology, 9(1), 1-17. Ran Kivetz and Itamar Simonson (2000), "The Effect of Incomplete Information on Consumer Choice," Journal of Marketing Research, 37(4), 427-48. Itamar Simonson and Stephen Nowlis (2000), "The Effect of Explaining and Need for Uniqueness on Consumer Decision Making: Unconventional Consumer Choices Based on Reasons," Journal of Consumer Research, 27 (June), 49-68. Itamar Simonson (1999), "The Effect of Product Assortment on Consumer Preferences," Journal of Retailing, 75(3), 347-70. Ravi Dhar and Itamar Simonson (1999), "Making Complementary Choices in Consumption Episodes: Highlighting Versus Balancing" Journal of Marketing Research, 36 (February), 29-44. Houghton, David, ..., and Itamar Simonson (1999), "Correction Processes in Consumer Choice," Marketing Letters, 10(2),107-112. Ziv Carmon and Itamar Simonson (1998), "Price-Quality Tradeoffs in Choice Versus Matching: New Insights into the Prominence Effect," Journal of Consumer Psychology, 7(4), 323-343. Stephen Nowlis and Itamar Simonson (1997), "Attribute­Task Compatibility as a Determinant of Consumer Preference Reversals," Journal of Marketing Research, 34 (May), 205-218. Joel Huber, ..., and Itamar Simonson (1997), "Thinking About Values in Prospect and Retrospect: Maximizing Experienced Utility," Marketing Letters, 7, 324-334. Stephen Nowlis and Itamar Simonson (1996), "The Impact of New Product Features on Brand Choice," Journal of Marketing Research, 33 (February), 36-46. Itamar Simonson (1994), "Trademark Infringement from the Buyer Perspective: Conceptual Analysis and Measurement Implications," Journal of Public Policy and Marketing, 13(2), 181-199. Itamar Simonson (1994), "An Empirical Investigation of the Meaning and Measurement of Genericness," Trademark Reporter, 84 (2), 199-223.

PUBLICATIONS (continued) Itamar Simonson, Ziv Carmon, and Suzanne O'Curry (1994), "Experimental Evidence on the Negative Effect of Product Features and Sales Promotions on Brand Choice," Marketing Science, 13 (1), 23-40. Itamar Simonson (1993), "Get Closer to Your Customers by Understanding How They Make Choices," California Management Review, 35 (4), 68-84. Itamar Simonson (1993), "The Effect of Survey Method on Likelihood of Confusion Estimates: Conceptual Analysis and Empirical Test," Trademark Reporter, 83 (3), 364-393. Itamar Simonson, Stephen Nowlis, and Katherine Lemon (1993), "The Effect of Local Consideration Sets on Global Choice Between Lower Price and Higher Quality," Marketing Science, 12 (4), 357-377. Itamar Simonson, Stephen Nowlis, and Yael Simonson (1993), "The Effect of Irrelevant Preference Arguments on Consumer Choice," Journal of Consumer Psychology, 2 (3), 287-306. Eldar Shafir, Itamar Simonson, and Amos Tversky (1993), "Reasons-Based Choice," Cognition, 49, 11-36. Amos Tversky and Itamar Simonson (1993), "Context-Dependent Preferences," Management Science, 39 (10), 1179-1189. Itamar Simonson (1992), "Influences of Anticipating Regret and Responsibility on Purchase Decisions," Journal of Consumer Research, 19 (June), 105-118. Itamar Simonson and Peter Nye (1992), "The Effect of Accountability on Susceptibility to Decision Errors", Organizational Behavior and Human Decision Processes, 51 (3), 416-446. Itamar Simonson and Barry Staw (1992), "De-Escalation Strategies: A Comparison of Techniques for Reducing Commitment to Losing Courses of Action," Journal of Applied Psychology, 77 (4), 419-426. Itamar Simonson and Amos Tversky (1992), "Choice in Context: Tradeoff Contrast and Extremeness Aversion," Journal of Marketing Research, 29 (August), 281-295. Itamar Simonson and Russell S. Winer (1992), "The Influence of Purchase Quantity and Display Format on Consumer Preference for Variety", Journal of Consumer Research, 19 (June), 133-138. Ravi Dhar and Itamar Simonson (1992), "The Effect of the Focus of Comparison on Consumer Preferences," Journal of Marketing Research, 29 (November), 430-440. William T. Ross and Itamar Simonson (1991), "Evaluations of Pairs of Experiences: A Preference for Happy Endings," Journal of Behavioral Decision Making, 4(4), 273282.

PUBLICATIONS (continued) Itamar Simonson (1991), "The Effect of Buying Decisions on Consumers' Assessments of Their Tastes", Marketing Letters, 2, 1, 5-14. Itamar Simonson (1990), "The Effect of Purchase Quantity and Timing on Variety Seeking Behavior," Journal of Marketing Research, 27 (May), 150-162. Itamar Simonson (1989), "Choice Based on Reasons: The Case of Attraction and Compromise Effects," Journal of Consumer Research, 16 (September), 158-174. Itamar Simonson, Joel Huber, and John Payne (1988), "The Relationship Between Prior Brand Knowledge and Information Acquisition Order", Journal of Consumer Research, (March), 14,4, 566-78.

ARTICLES UNDER REVIEW Aimee Drolet, Mary Frances Luce, and Itamar Simonson, "Does Load Lead to Decision Bias or Are We Biased Against Load?" Stephen Nowlis, Ravi Dhar, and Itamar Simonson, "The Effect of Decision Order on Purchase Quantity Decisions." Chezy Ofir, Itamar Simonson, and Song-Oh Yoon, "Customer Compliance With Presumed Market Research Goals: Motivational Drivers of Negative Service Evaluations." Michal Maimaran and Itamar Simonson, "The Bold-Timid Divide in Consumer Choice." Thomas Kramer, Michal Maimaran, and Itamar Simonson, "The Asymmetric Impact of Option Type in Choice Defense and Criticism." Aner Sela and Itamar Simonson, "Perceptions of Value: The Effect of Context, Mindset, and Deliberation."

Doctoral Dissertations Chaired: Professor Ravi Dhar (Chaired Professor, Yale U.) Professor Aimee Drolet (Tenured Associate Professor, UCLA) Professor Ran Kivetz (Professor, Columbia U.) Professor Donnel Briley (Professor, U.O. Sydney) Professor Ziv Carmon (Professor, INSEAD) Professor Thomas Kramer (Tenured Associate Professor, Baruch College) Professor Wendy Liu (Assistant Professor, UCLA) Professor Stephen Nowlis (Chaired Professor, Arizona State U.) Professor Sanjay Sood (Tenured Associate Professor, UCLA) Professor Jonah Berger (Assistant Professor, Wharton School, U.O. Penn.) Professor Song-Oh Yoon (Assistant Professor, Korea U.) Professor Michal Maimaran (Visiting Assistant Professor, Kellogg School). Professor Leilei Gao (Assistant Professor, Chinese University, Hong Kong). EDITORIAL ACTIVITIES Editorial Boards: Journal of Consumer Research, Journal of Marketing Research, Journal of Consumer Psychology, Journal of Marketing, Journal of Behavioral Decision Making, International Journal of Research in Marketing, Review of Marketing Research, Marketing Letters, Review of Marketing Research. Reviewer for Marketing Science, Journal of Economic Behavior and Organization, Management Science, Journal of Retailing and Consumer Services, Journal of Marketing, Journal of Retailing, Organizational Behavior and Human Decision Processes, Journal of Experimental Psychology, Psychological Review, Psychological Bulletin, Journal of Personality and Social Psychology, Psychological Science, California Management Review, Journal of Economic Psychology, European Journal of Social Psychology, Journal of Judgment and Decision Making, and Medical Decision Making.

PROFESSIONAL AFFILIATIONS Association for Consumer Research Judgment and Decision Making Society American Psychological Society PERSONAL DATA Birth Date: Marital Status: December 25, 1951 Married, 2 children

EXHIBIT B

EXHIBIT B Cases in which Dr. Itamar Simonson Testified as an Expert at Trial (including written expert reports submitted to the court) or by Deposition in the Past Four Years 1. Starbucks v. Sambuck's Coffeehouse 2. Visa International v. VeriSign; VeriSign v. Visa International 3. Trek Bicycle v. Thane International 4. ZonePerfect Nutrition Company v. Hershey Foods and Mr. Barry Sears 5. CipherTrust, Inc. v. IronPort Systems, Inc. 6. Lucent v. Foundry Networks 7. BTA Branded v. Syngenta Seeds and Tanimura & Antle 8. Nissan Motors v. VW and Audi of America 9. Tamares Las Vegas Properties v. The El-Ad Group 10. Met-Rx Substrate Technology v. Champion Nutrition 11. GEICO v. Google Inc. et al. 12. Classic Foods v. Kettle Foods 13. O Olive Oil v. Safeway 14. Allergan v. Klein-Becker 15. CollegeNET, Inc. v. XAP Corp. 16. Enterprise Rent-A-Car v. U-Haul International 17. Nautilus v. ICON 18. Newport Pacific v. Moe's Southwestern Grill 19. American Blinds & Wallpaper Factory v. Google Inc. 20. WG Security Products, Inc. v. Tyco International 21. Kargo Global, Inc. v. Advance Magazine Publishers, Inc. 22. Ann Castello et al. v. Allianz Life Insurance 23. Dyson v. Maytag

24. Talwar et al. v. Creative Labs 25. Bare Escentuals Beauty v. MD Skin Care 26. CNG Financial Corp. v. Google 27. Louis Vuitton Malletier v. Dooney & Bourke 28. The Sugar Association v. McNeil Nutritionals 29. Kosmedix v. Allergan et al. 30. State of California v. Frito Lay et al. 31. Trafficschool.com v. EDRIVER, Inc. 32. Johnson & Johnson v. Actavis, Inc. 33. HP Inkjet Printer Litigation 34. Johnson & Johnson v. The American Red Cross et al. 35. Champagne Louis Roederer v. J. Garcia Carrion, S.A. and CIV USA 36. American Eagle Outfitters v. Lyle & Scott 37. American Airlines v. Google Inc. 38. Verizon Wireless v. AT&T Mobility (NAD) 39. Dannon v. General Mills (NAD)