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
Veritext Chicago Reporting Company
800-248-3290
847-406-3200
Page 87
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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
Veritext Chicago Reporting Company
800-248-3290
847-406-3200
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
800-248-3290
847-406-3200
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
Veritext Chicago Reporting Company
800-248-3290
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
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