TimesLines, Inc v. Facebook, Inc.

Filing 81

DECLARATION of Brendan J. Hughes regarding motion for summary judgment 79 , memorandum 80 (Attachments: # 1 Exhibit 1 - 13, # 2 Exhibit 14 - 17, # 3 Exhibit 18 - 19, # 4 Exhibit 20 - 31, # 5 Exhibit 32 - 35, # 6 Exhibit 36 - 40, # 7 Exhibit 41 - 43, # 8 Exhibit 44 - 46, # 9 Exhibit 47 - 51, # 10 Exhibit 52 - 57, # 11 Exhibit 58 - 59, # 12 Exhibit 60 - 62, # 13 Exhibit 63.1, # 14 Exhibit 63.2, # 15 Exhibit 64 - 71)(Hughes, Brendan)

Exhibit 64

FILED UNDER SEAL

Exhibit 65

Exhibit 66

Exhibit 67

Exhibit 68

Exhibit 69

Page 1
1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF ILLINOIS

3

EASTERN DIVISION

4
5

TIMELINES, INC.,

)
)

6

Plaintiff,

)
)

7

vs.

) No. 11-CV-6867
)

8

FACEBOOK, INC.,

)
)

9

Defendant.

)

______________________________)
10
11
12
13
14
15
16

DEPOSITION OF SAMUEL W. LESSIN

17

Palo Alto, California

18

Thursday, September 13, 2012

19

Volume I

20
21

*** HIGHLY CONFIDENTIAL ***
Reported by:
CARLA SOARES

22

CSR No. 5908

23

Job No. 1525241

24
25

Pages 1 - 316

312-442-9087

Veritext Chicago Reporting Company
800-248-3290

847-406-3200

Page 86
1
2

A

Somewhat, yes.

I definitely do not usually

get everyone's drafty thinks.

3

Q

What does "drafty thinks" mean?

4

A

It means toss-aways, I assume.

5

Q

Is "drafty thinks" a term that's -- or a

6

phrase that's used at Facebook, or is that just your

7

assumption just based on --

8

A

That is my assumption.

9

Q

What makes you think it's a toss-away?

10

A

The fact that it uses non-English or

11

descriptive words.

12

Q

What does that mean?

13

A

"Drafty" is not a word.

14

Q

So it's not a word, it's a toss-away?

15

A

That would be my personal interpretation, not

16

as the company.

17
18
19
20
21
22
23
24
25

312-442-9087

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2
3
4

MS. MOORE:

I'm going

to ask that that be marked as Deposition Exhibit 7.

5
6

We're on to Exhibit 7.

(Exhibit 7 was marked for identification by
the court reporter and is attached hereto.)

7

BY MS. MOORE:

8

Q

9

Mr. Lessin, if you could review that after she

hands that to you.

Thank you.

10

MR. WILLSEY:

11

THE REPORTER:

12

Q

Yes.

BY MS. MOORE:

13

This is Exhibit 7?

Please let me know when you've had an

14

opportunity to review this.

15

Facebook as FB_TL_3663 through 3665.

16

It's been marked by

Have you had an opportunity to review it, sir?

17

A

I have.

18

Q

And do you recognize this document?

19

A

I don't.

20

Q

Can you tell me what it is based on your

21

review?

22

A

23

It appears to be a communication from Robyn to

the entire company recapping a Q&A session.

24

Q

What is an open Q&A with Mark Zuckerberg?

25

A

It's an opportunity for -- to have a meeting

312-442-9087

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Page 100
1

Q

And who is leadership?

2

A

My leadership or Mark Zuckerberg's leadership

3

because of the rule that Facebook brands everything in

4

the ways that describe it most easily for the user, as

5

we do with events, as we do with groups, as we do with

6

countless products.

7

Q

Did you do that with f8?

8

A

With f8?

9

Q

The f8 conference.

10

A

I'm not involved in that.

11

Q

We're going to be talking about it later.

12

A

Okay.

13

MR. WILLSEY:

Let me object.

Vague and

14

ambiguous and calls for a legal conclusion and assumes

15

facts not in evidence.

16

THE WITNESS:

17

Can you repeat the question

again?

18

MS. MOORE:

19

(Record read as follows:

20

"Question:

21

THE WITNESS:

Can you read it back, please?

Did you do that with f8?")
I was uninvolved and not even at

22

the company during the decision to name our developer

23

conference "f8."

24

BY MS. MOORE:

25

Q

312-442-9087

You've made statements about how Facebook
Veritext Chicago Reporting Company
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Page 101
1

decides to brand products.

2

A

That's correct.

3

Q

I wanted to understand if that applies to

4
5

everything that -A

Just as with most things, there are points in

6

history where other decisions were made.

7

But this is --

the current strategy is as I have stated.

8

Q

Which is?

9

A

To name things as descriptively as possible.

10

Q

And that is why?

11

A

Because the point of our names is to make it

12
13
14

Why do you do that?

easy for almost a billion humans to use our service.
Q

A billion humans?

Is that the number of users

that Facebook has right now?

15

A

On the order of.

16

Q

Ballpark, one billion?

17

A

On the order of.

18

Q

What does that mean?

19

A

It means there's not an order of magnitude

20

larger or less than.

21

Q

So do you have a billion users, sir?

22

A

I don't know.

23

Q

Who would know that?

24

A

Our database.

25

MR. WILLSEY:

312-442-9087

I just want to clarify.

Veritext Chicago Reporting Company
800-248-3290

In

847-406-3200

Page 312
1

"profile," which is a pretty generic concept of a user

2

profile with a certain amount of specific information

3

and recent posts, would be going away with this

4

transition finally.

5
6
7

Q

And that is the transition to the Timeline

product; is that right?
A

Well, it's the introduction of the new

8

Timeline product named "Timeline" which replaced the

9

profile, and then the wall which in many ways was a

10

hangover -- was still hung over from earlier versions of

11

Facebook would also be going away at the same time but

12

separately.

13

Q

And you write that there were good reasons

14

from a branding, impact and competitive position to make

15

this decision.

16
17

What were those good reasons?
A

Yeah.

Again, for us, for us internally, when

18

we speak, "branding" simply means giving users clear

19

names which they can understand how products work and

20

what they are.

21

We do this consistently with most of our

22

products, events, groups, et cetera.

23

another example.

24
25

"Camera" is

We name things what they are.

The impact component of this was simply that
we were introducing a new product, and the more

312-442-9087

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847-406-3200

Page 313
1

clearly we named it as the new product, we believed that

2

users would better understand how to use it and what it

3

was.

4

"Branding" simply means that we would be using

5

this name externally, not internally, and trying to,

6

again, give users the ability to clearly understand what

7

the new Timeline product was.

8
9

"Competitive," again, we operate a social
networking service at a macro level.

We have

10

competitors in the social networking space.

11

course, always trying to launch good new products and

12

market them clearly with clear descriptive names of what

13

the products are that we offer in the social networking

14

space.

15

We are, of

So the competitive position we believe will be

16

strengthened by having a clear product with a clear,

17

simple name.

18
19

MS. MOORE:

Mr. Lessin, at this time I don't

have any further questions.

20

There were some -- a number of questions that

21

have been noted throughout the course of this day that

22

could not be answered.

23

relating to document Bates labeled FB_TL_11912, which

24

you identified as the unaudited financial document

25

relating to the display advertising revenue for

312-442-9087

Among those are questions

Veritext Chicago Reporting Company
800-248-3290

847-406-3200

Exhibit 70

Introducing Timeline

Searc
for

Search for people, places and things

Lori Mayall

Home

Privacy
Shortcuts

Introducing Timeline
Tell your life story with a new kind of profile.

Watch the video

Your Cover
Fill this wide, open space with a unique image that represents you best. It's the first thing people see
when they visit your timeline.

Cover

Stories

Apps

Get Timeline
Chat (Off)

Try it o
Click a phot
to see how
the cover.

Your Stories

https://www.facebook.com/about/timeline[1/31/2013 11:29:23 AM]

Introducing Timeline

Share and highlight your most memorable posts, photos and life events on your timeline. This is where
you can tell your story from beginning, to middle, to now.

Star or
Star your fa
moments to
them wides
remove the
want to hid

https://www.facebook.com/about/timeline[1/31/2013 11:29:23 AM]

Introducing Timeline

https://www.facebook.com/about/timeline[1/31/2013 11:29:23 AM]

Introducing Timeline

https://www.facebook.com/about/timeline[1/31/2013 11:29:23 AM]

Introducing Timeline

Your Apps
The movies you quote. The songs you have on repeat. The activities you love. Now there's a new class
of social apps that let you express who you are through all the things you do.

Play mu
The music y
to is on you
so friends c
along.

https://www.facebook.com/about/timeline[1/31/2013 11:29:23 AM]

Introducing Timeline

Watch the video

Learn more about Apps.

More About Timeline
Preview your timeline
Once you get timeline, you'll have 7 days before anyone else can see
it. This gives you a chance to get your timeline looking the way you
want before other people see it.

Decide what to highlight
To help you get started, your timeline includes some of your top
photos and stories. Hide or highlight whatever you want and add
anything that's missing.

See how the new Timeline works

Control who sees your stuff
Only the people you originally shared a post with can see it on your timeline. If you want, you can go back and change
who sees a post, delete it or just hide it from your timeline.
Learn more in the Help Center.

359 of your friends have signed up for timeline.
Get Timeline

Renee Padgett

Laura SmaleKrajca

Sudhir Pala

https://www.facebook.com/about/timeline[1/31/2013 11:29:23 AM]

Jk Mayall

Michelle Renee
Mayall-Tanko

Shannon
Vaughan

Chris Tanko

Marie Pacheco

Introducing Timeline

Cathy Decker
Padgett

Justin K Mayall

Kat Johnston

Raleigh Padgett

Chrissy Nagyhazy

Amy EricksonBinford

https://www.facebook.com/about/timeline
like
http://www.facebook.com/about/timeline/
AQCuzpwF

Like
Like

https://www.facebook.com/about/timeline[1/31/2013 11:29:23 AM]

You and 6,994,762 others like this.6,994,762 people like this. Be the first of
your friends.

Emily Thomsen

Tara Righetti

Exhibit 71

Page 1
1
2

IN THE UNITED STATES DISTRICT COURT

3

FOR THE NORTHERN DISTRICT OF ILLINOIS

4

EASTERN DIVISION

5
6
7

TIMELINES, INC.,

)
)

8

Plaintiff,

)
)

9

vs.

) No. 11-CV-06867
)

10

FACEBOOK, INC.,

)
) Judge John W. Darrah

11

Defendant.

)

___________________________)
12
13
14
15

HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY

16
17

VIDEOTAPED DEPOSITION OF ROBERT ARMOUR

18

Chicago, Illinois

19

Wednesday, September 19, 2012

20
21
22
23

Reported by:

24

PAULA CAMPBELL, CSR, RDR, CRR, CCP

25

JOB NO. 53017
TSG Reporting - Worldwide

877-702-9580

Page 89
1
2
3
4

HIGHLY CONFIDENTIAL - R. ARMOUR
groundbreaking product.
Q.

Has it been financially successful, in your

estimation?

5

A.

No.

6

Q.

And why do you think that's the case?

7

A.

We never charged for it.

8

Q.

And target market for Timelines.com, how

9
10

would you describe that?
A.

It was much more broad.

Anybody that

11

wanted to record any history about anything.

12

open -- we didn't -- we didn't put any bounds around

13

who used it.

14

look at the LifeSnapz site, you will see very much

15

it's a family feel.

16

Was

You know, if you look at -- if you

If you read the marketing material for

17

LifeSnapz and Photogram, it's mom and kids and

18

family.

19

to share their event with the world.

20

concept around Timelines was to let the people of

21

the world record the history of the world, however

22

they define that history.

23

Q.

With Timelines, it was anybody that wanted
I mean, the

Do you have a rough ballpark estimate of

24

how much the company spent on marketing and

25

promotion in 2010?
TSG Reporting - Worldwide

877-702-9580

Page 90
1

HIGHLY CONFIDENTIAL - R. ARMOUR

2

A.

It will be close to zero.

3

Q.

How about for 2011?

4

A.

2011 would have been -- would have been our

5

payments to Triple Point.

6

neighborhood of three to six grand a month.

7

probably had them for six or eight months.

8

the primary spend.

9

Q.

They were probably in the
We
That was

What about the cost of the internet

10

advertising?

11

A.

12

did it.

13

Q.

14

Very small.

Don't even -- I know that we

It was a very small number.
And the Triple Point advertising was

primarily focused on Photogram; right?

15

A.

Yes.

16

Q.

Was it exclusively for Photogram?

17

A.

Yes.

18

Q.

Okay.

If you know, how does the company

19

intend to market and advertise its goods and

20

services under the term timelines over the next five

21

years?

22

A.

Don't know.

23

Q.

What were the plans as of the point you

24
25

left the company in January of this year?
A.

Well, the plans were to continue to do what
TSG Reporting - Worldwide

877-702-9580