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 44

Exhibit 45

Exhibit 46

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IN THE U.S. DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF ILLINOIS

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EASTERN DIVISION

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TIMELINES, INC.,

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)
Plaintiff,)

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vs.

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FACEBOOK, INC.,

) Civil Action No. 11-CV-06867
)

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Defendant.)

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___________________________ )

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DEPOSITION OF MICHAEL RICHARDSON

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September 6, 2012

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Boise, ID

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REPORTED BY:

CHRISTINE E. RHODES, CA CSR NO. 9887,

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ID CSR NO. 991
TSG Job # 53015

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MICHAEL RICHARDSON

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remember, plan, learn."

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slightly darker type, being our tag line at the time.

And "remember, plan, learn" is in

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Q.

And underneath that, what is written?

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A.

Under that, in smaller type, it says "free,

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web-based timeline software for creating and sharing

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history and project planning."

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Q.

Is "web-based timeline software" an accurate term

for the type of software that you offer?

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A.

Yes, it is.

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Q.

And previously, you stated that this web page was

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live in February of 2008; is that correct?

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A.

That is correct.

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Q.

And that's when you first began offering services

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and your products to customers; is that right?

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A.

Yes.

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Q.

So, is it accurate to say that in February of

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2008, you began using the term timeline in connection with

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the software that you offer to customers?

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A.

Yes.

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Q.

Internally, you have used the term timeline?

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A.

Well, I mean -- Yeah.

Publicly, that's correct.

I mean, ever since I had

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been conceiving of this software product, you know, the

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concept of a timeline had been kind of central to the

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entire idea.

So, yes, it's a word I had been using all

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MICHAEL RICHARDSON
along.

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Q.

And since February of 2008, have you continued to

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use the term timeline to refer to your web-based software

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product?

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A.

Yes.

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Q.

And why have you chosen to use that term?

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A.

The word timeline is probably just the most

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accurate word that people in the general public would have

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in their vocabulary to understand what it is that we have

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as a product.

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a visual display of historical information on a horizontal

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axis.

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Q.

It's a common word that's used to refer to

And would you say that it's a common name for the

type of web-based software that you offer?

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MS. MOORE:

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You can answer the question, Mr. Richardson.

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Objection:

Form, foundation.

Excuse me.

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THE WITNESS:

It is a common term used with

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similar types of software.

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BY MR. HUGHES:

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Q.

I would appreciate it if you could please look at

what was previously marked -Actually, Ms. Rhodes, to confirm, could we please
mark what was previously marked as Facebook Exhibit 3,

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MICHAEL RICHARDSON
correct?
A.

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That is correct.
And to be clear, these don't represent every one

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of our blog entries.

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word timeline was used in a way that I thought was

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relevant to the subpoena.

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Q.

Thank you.

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They are blog entries in which the

I know that there are blog postings from
March 5th, 2008 until June 6th, 2012; is that correct?

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A.

Yes, that's correct.

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Q.

Would it be accurate to say that since

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February 2008, when TimeGlider first offered its products

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and services to customers, that you've used the term

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timeline to describe your software product?

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A.

Yes.

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Q.

Have you ever ceased using the term timeline for

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any reason?
A.

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No.

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MS. MOORE:

Objection:

Form.

BY MR. HUGHES:
Q.

Has Mnemograph or TimeGlider ever received any

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letters demanding that it cease its use of the term

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timeline?

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A.

No.

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MICHAEL RICHARDSON

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MS. MOORE:

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Sorry, Mr. Richardson.

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THE WITNESS:

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Objection:

Form.
Go ahead.

No.

BY MR. HUGHES:
Q.

Have you received any emails or phone calls or

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any other communications whatsoever requesting that you

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cease use of the term timeline or timelines?

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MS. MOORE:

Objection:

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Go ahead, sir.

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THE WITNESS:

Form.

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No.

BY MR. HUGHES:
Q.

Is Mnemograph aware of any instances of consumer

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confusion arising from your use of the term timeline or

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timelines in connection with your software?

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MS. MOORE:

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Go ahead, sir.

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THE WITNESS:

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Objection:

Form and foundation.

No.

BY MR. HUGHES:
Q.

Has Timelines, Inc. ever asked Mnemograph to

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cease using the term timeline in connection with your

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software?

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A.

No.

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Q.

Has any third party asked Mnemograph to cease

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using the term timeline or timelines in connection with

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MICHAEL RICHARDSON
its software?
A.

No.

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MS. MOORE:

Objection:

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Go ahead.

Sorry, sir.

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THE WITNESS:

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Form.

No.

BY MR. HUGHES:
Q.

Before Timelines, Inc. sued Facebook, was

Mnemograph aware of Timelines, Inc.?

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A.

Yes.

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Q.

When did you first become aware of

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Timelines, Inc.?
A.

I think -- I don't know.

Maybe in 2009 or -- You

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know, every so often, I'd survey the landscape of other

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companies who are producing timeline-related materials or

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services or products.

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Timelines, Inc. and the Timelines.com domain.

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by the domain name, I think I might have learned about

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Timelines, Inc.

And so, I've been aware of
Even just

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Q.

Have you ever communicated with Timelines, Inc.?

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A.

Only pertaining to this subpoena.

I had a brief

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phone call with Raven a couple weeks ago.

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time I've spoken to anyone sort of related to

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Timelines, Inc.

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Q.

Has Mnemograph -- I apologize.

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That's the only

Has Mnemograph

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MICHAEL RICHARDSON
products.
Q.

So, yes.

But this is, indeed, the same story.

If TimeGlider was prevented from using the term

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timeline to refer to your software product, would it make

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it difficult for you to communicate to customers the type

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of software product that you offer?

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MS. MOORE:

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Please go ahead, sir.

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THE WITNESS:

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Objection:

Form, foundation.

Yes.

BY MR. HUGHES:
Q.

How would it make it difficult?

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MS. MOORE:

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Go ahead, sir.

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THE WITNESS:

Same objection.

The term timeline or plural

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timelines is the best descriptive word for what our

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product provides.

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language that would, with a word, describe what you would

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be looking for.

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And there aren't very many terms in the

So, absent the word timeline, yes, it would be

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difficult.

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BY MR. HUGHES:

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Q.

Would it be accurate to say that you would be put

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at a competitive disadvantage if you were not able to use

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that term timeline?

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MS. MOORE:

Objection:

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Form, foundation.

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MICHAEL RICHARDSON

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Go ahead, sir.

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THE WITNESS:

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MR. HUGHES:

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So, I'll turn it over to counsel for
Timelines, Inc., Ms. Moore.

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Mr. Richardson, I do not have any

further questions for you now.

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Yes.

(Whereupon, Defendant's Exhibits Number 6 through
Number 13 were marked for identification.)

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EXAMINATION

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BY MS. MOORE:

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Q.

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Thank you, Mr. Richardson.
Forgive me for the objections that I lodged.

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That's a way in which a deposition occurs.

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certainly wasn't ever intending to speak over you or to

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interrupt you.

So, I

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A.

Yeah.

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Q.

And I will echo Mr. Hughes' thanks to you for

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being here today.

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I have some questions for you.

Hopefully, we

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won't take too much longer, but I, again, appreciate your

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time and effort today.

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A.

It's no problem.

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Q.

Sir, if you would, walk through with us the

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process of how a TimeGlider user creates a timeline using

TSG Reporting - Worldwide

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