Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al

Filing 201

DECLARATION by William A. Delgado re 193 Response to Motion filed by Connexus Corporation, Firstlook, Incorporated, Navigation Catalyst Systems, Incorporated (Attachments: # 1 Exhibit K, # 2 Exhibit L, # 3 Exhibit M, # 4 Exhibit N, # 5 Exhibit O, # 6 Exhibit P, # 7 Exhibit Q, # 8 Exhibit R, # 9 Exhibit S, # 10 Exhibit T, # 11 Exhibit U, # 12 Exhibit V, # 13 Exhibit W) (Delgado, William)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN

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THE WEATHER UNDERGROUND,
INC., A MICHIGAN CORPORATION,

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PLAINTIFF,
CASE No. 2:09-CV10756

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NAVIGATION CATALYST SYSTEMS,
INC., A DELAWARE CORPORATION;
BASIC FUSION, INC., A DELAWARE
CORPORATION; CONNEXUS CORP.,
A DELAWARE CORPORATION; AND
FIRSTLOOK, INC., A DELAWARE
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DEFENDANTS.

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DEPOSITION OF
CHRISTOPHER PIRRONE
Volume 1
Los Angeles, California
Tuesday, May 3, 2011

Confidential - Under Seal
Exhibits Bound Separately

)

Reported By:
Judy Samson
CSR No. 6916
NDS Job No. 139150

Confidential- Under Seal
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2

Q

Okay.

This last paragraph on that first

page starts off:

09:28:52

"The disputed Website is

3

09:28:28

09:28:53

4

innocuous."

09:28:55

5

Do you see that?

09:28:56

6

A

Yes.

09:28:57

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Q

And then you cite two decisions involving

09:28:57

8

NCS where the panel ruled in your favor; correct?
(Document reviewed by the witness.)

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12
13

09:29:12

THE WITNESS:

9

11

09:28:59

09:29:12

Yes.

09:29:12

BY MR. SCHAEFER:
Q

Sitting here today, can you ever recall

reading those decisions?

09:29:16
09:29:18

I don't specifically recall reading them,

09:29:21

I was involved in those.

09:29:24

Okay.

Because those would have been, looks

09:29:26

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like, May 2007 and June 2007, all after your arrival

09:29:28

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date in April; correct?

09:29:34

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A

15

but I

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Q

19

A

Yes.

09:29:35

20

Q

When you arrived at Connexus, what was the

09:29:36

21

policy in terms of whether to transfer a domain or

09:29:40

22

refuse to transfer a domain on request in a

09:29:46

23

trademark -- when a trademark issue was being

09:29:50

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alleged?

09:29:52

25

A

I -- I don't think the policy has changed

09:29:54
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throughout in that if someone has legitimate

09:29:56

2

trademark rights, we never wanted to own those

09:29:59

3

domains.

09:30:02

4

Q

So we transferred it over.
So the type of letter that we see here as
I take it you didn't

09:30:04
09:30:07

5

263 and as we reviewed in 262,

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send those in every instance when someone sent a

09:30:11

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threat letter; correct?

09:30:14

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A

Correct.

09:30:15

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Q

In many instances you would, in fact,

09.: 30: 15

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voluntarily transfer the domain; correct?

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A
Q

Okay.

09:30:20

Yes.

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09:30:18

What was the criteria you used in

09:30:20

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determining whether or not to transfer the domain or

09:30:27

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send a response letter essentially refusing to

09:30:30

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transfer the domain?

09:30:34

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A

Yeah.

I went through

you know, it was

09:30:34

through kind of a legal analysis

09:30:37

17

part of my job

18

of whether I thought that there was a valid

09:30:40

19

trademark claim or not.

09:30:42

Okay.

So generally, what would -- you

09:30:42

would do a Google search as we've talked about?

09:30:46

20
21

Q

22

A

Right.

23

Q

Okay.

24
25

09:30:48

In one of the letters you mentioned

the USPTO database.
Are you familiar with the uspto.gov website

09:30:49
09:30:52
09:30:53
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were involved in?
A

09:48:10

Not on a one-to-one looking at a domain and

identifying it, no.
Q

Okay.

09:48:11
09:48:14

Now, maybe now is a good time to

09:48:14

5

kind of talk about that 2008 domain portfolio

09:48:22

6

review.

09:48:25
As I understand it from the prior

7

09:48:29

8

testimony, that at some point in 2008 there was a

09:48:31

9

decision to actually reanalyze your current

09:48:34

10

portfolio of already registered domains against the

09:48:37

11

trademark database and try and eliminate domains

09:48:43

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that may be problematic.

09:48:46

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Is that your recollection?

09:48:48

There was a review in 2008 to -- to relook

09:48:49

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at all the portfolio for any names that are -- were

09:48:52

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brands or trademarks, yes.

09:48:55

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A

Q

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What was your involvement in that

2008 effort?
A

Q

Now you're getting into my role as legal

09:49:01
09:49:05

Well, why?

What did you do?

What was -- what was your -- what was your
role in it?
A

09:48:56
09:49:00

counsel.

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23

Okay.

Well, I think you're specifically asking me

what my role was as legal advisor on that issue.

09:49:05
09:49:09
09:49:10
09:49:10
09:49:13
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been

approximately how many domains would have

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been in the portfolio when you started the process

09:50:31

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in 2008?

09:50:34

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A

Hundreds of thousands.

09:50:34

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Q

And do you have any information as to how

09:50:36

09:50:29

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many domains were actually deleted as a result of

09:50:39

7

that review process?

09:50:42

8

A

No.

But I think

I don't know numbers,

09:50:44

but my recollection was that there was a good

09:50:53

10

percentage of names that were actually deleted as

09:50:55

11

part of that process.

09:50:58

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12
13
14
15

Q

Okay.

Do you believe it would have been,

you know, closer to 90 percent or 10 percent?
A

No.

I

--

if I recall, it's about

20 percent.

09:50:59
09:51:01
09:51:03
09:51:05

And of that 20 percent, which certainly

09:51:07

17

would have been tens of thousands of domains and

09:51:12

18

perhaps morer how many do you think would have

09:51:16

19

elevated up to you for review?

09:51:18

16

Q

20
21

Are we talking about single digits r dozens r
thousands?

22
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24
25

09:51:24

What's your best recollection?
A

I

don't recall.

But it would have been

more than a few, but -- you know, probably hundreds.
Q

09:51:21

Would you have been involved in the

09:51:25
09:51:25
09:51:28
09:51:33
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But I don't see any references to you.

11:53:35

In any event, would that be consistent with

Q

11:53:52

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your belief that really Seth made the final calIon

11:53:52

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these domains and that you worked with Seth on those

11:53:53

5

decisions but he was the final decisionmaker;

11:53:56

6

correct?

11: 53: 59

7

A

Correct.

11:53:59

8

Q

Now, this 2008 process, in terms of the --

11:53:59

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the kind of a review of the portfolio, why did the

11:54:20

company decide to go through that process?

11:54:23

11

A

I think that's privileged.

11:54:27

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Q

Do you recall what month in 2008 that would

11:54:32

13

have started?

11:54:35

14

A

No.

11:54:36

15

Q

Do you recall how long it would have

11:54:36

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lasted?

11:54:38

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A

No.

11:54:40

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Q

Is it just that single effort to review the

11:54:40

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entire portfolio that -- that you're aware of has

11:54:45

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been made at Connexus?

11:54:50

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Strike that.

11:54:52

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My understanding is that until that review

11:54:53

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of the portfolio occurred, historically they had

11:54:55

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never tried to review the -- the whole portfolio of

11:55:01

25

domains for trademark issues; they simply did the

11:55:03
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review prior to registration.
A

11:55:07

I think -- I think there -- during my time

3

there, there were -- there were

that was a review

4

of like the entirej it was kind of soup to nuts.

11:55:09
11:55:12
11:55:15

5

Q

Right.

11:55:19

6

A

But throughout my time there, there were

11:55:20

7

various times that we looked at parts of the

11:55:22

8

portfolio and tried to do that.

11:55:24

It wasn't like it was one shot and

9

10

11:55:25
11:55:25

we thought we were done
Was that true right up --

11:55:25

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THE REPORTER:

11:55:25

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(Speaking simultaneously.)

11:55:25

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THE WITNESS:

11:55:32

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Q

I'm sorry, Counsel.

It was a continual process, I

15

think I said.

11:55:34

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BY MR. SCHAEFER:

11:55:34

17

Q

And was that true right up in time until

11:55:34

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the time that you no longer were general counsel for

11:55:37

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Connexus?

11:55:40

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A

To my knowledge, yes.

11:55:40

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Q

Do you know approximately how long it took

11:55:41

22

to actually get through the entire portfolio of

11:56:11

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domains as part of that big effort?

11:56:15

24
25

A

Months.

11:56:17

Thank you.

11:56:33
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review prior to registration.
A

11:55:07

I think -- I think there -- during my time
that was a review

3

there, there were -- there were

4

of like the entire; it was kind of soup to nuts.

11:55:09
11:55:12
11:55:15

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Q

Right.

11:55:19

6

A

BUt throughout my time there, there were

11:55:20

7

various times that we looked at parts of the

11:55:22

8

portfolio and tried to do that.

11:55:24

It wasn't like it was one shot and

9

10

11:55:25
11:55:25

we thought we were done
Was that true right up --

11:55:25

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THE REPORTER:

11:55:25

13

(Speaking simultaneously.)

11:55:25

14

THE WITNESS:

11:55:32

11

Q

I'm sorry, Counsel.

It was a continual process, I

15

think I said.

11:55:34

16

BY MR. SCHAEFER:

11:55:34

17

Q

And was that true right up in time until

11:55:34

18

the time that you no longer were general counsel for

11:55:37

19

Connexus?

11:55:40

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A

To my knowledge, yes.

11:55:40

21

Q

Do you know approximately how long it took

11:55:41

22

to actually get through the entire portfolio of

11:56:11

23

domains as part of that big effort?

11:56:15

24
25

A

Months.

11:56:17

Thank you.

11:56:33
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STATE OF CALIFORNIA

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COUNTY OF LOS ANGELES

ss:

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1/ JUDY SAMSON/ do hereby certify:

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That I am a duly qualified Certified Shorthand

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Reporter / in and for the State of California r holder of

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certificate number 6916/ which is in full force and

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effect and that I am authorized to administer oaths and

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affirmations;

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That the foregoing deposition testimony of the

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herein named witness was taken before me at the time and

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place herein set forth;

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That prior to being examined/the witness named

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in the foregoing deposition/ was duly sworn or affirmed

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by me/ to testify the truth/ the whole truth/ and

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nothing but the truth;

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That the testimony of the witness and all

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objections made at the time of the examination were

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recorded stenographically by me, and were thereafter

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transcribed under my direction and supervision;

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That the foregoing pages contain a full/ true

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and accurate record of the proceedings and testimony to

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the best of my skill and ability;

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That prior to the completion of the foregoing
deposition, review of the transcript was requested.
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I further certify that I am not a relative or

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employee or attorney or counsel of any of the parties,

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nor am I a relative or employee of such attorney or

4

counsel, nor am I financially interested in the outcome

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of this action.

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IN WITNESS WHEREOF, I have subscribed my name
this 16th day of May

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2011

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JUDY SAMSON, CSR No. 6916

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