J.T. Colby & Company, Inc. et al v. Apple, Inc.

Filing 100

REPLY AFFIDAVIT of Todd Anten in Support re: 68 MOTION to Preclude the Testimony of Defendant's Expert Witness Gregory S. Carpenter.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Chattoraj, Partha)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
____________________________________
)
J.T. COLBY & COMPANY, INC. d/b/a/
)
BRICKTOWER PRESS, J. BOYLSTON & )
COMPANY, PUBLISHERS LLC and
)
IPICTUREBOOKS LLC,
)
)
Plaintiffs,
)
)
-against)
)
APPLE INC.,
)
)
Defendant.
)
)

Case No. 11 Civ. 4060 (DLC)

DECLARATION OF TODD ANTEN
IN SUPPORT OF PLAINTIFFS’ MOTION TO EXCLUDE THE TESTIMONY,
INCLUDING AFFIDAVITS, DECLARATIONS, AND REPORTS, OF DEFENDANT’S
EXPERT WITNESS GREGORY S. CARPENTER
I, Todd Anten, pursuant to 28 U.S.C. § 1746, declare as follows:
1.

I am over 18 years old and I am competent to make this declaration based upon

my personal knowledge. I am an attorney at Quinn Emanuel Urquhart & Sullivan, LLP. I am
admitted to the New York bar and am currently in good standing. I make this Declaration in
support of Plaintiffs’ Motion To Exclude The Testimony, Including Affidavits, Declarations,
And Reports, Of Defendant’s Expert Witness Gregory S. Carpenter, cited in the accompanying
memorandum of law.
2.

Attached hereto as Exhibit A is a true and correct copy of Exhibit 1 to the Expert

Report of Gregory S. Carpenter, dated September 17, 2012.
3.

Attached hereto as Exhibit B is a true and correct copy of excerpts from the

deposition of Mike Shatzkin, dated December 4, 2012.

I declare under penalty ofpetjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this 5th day of February, 2013 in New York, New York.