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

Filing 116

DECLARATION of Claudia Ray in Support re: 114 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Mike Shatzkin.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1 (Part 1 of 2), # 2 Exhibit 1 (Part 2 of 2), # 3 Exhibit 2 (Redacted), # 4 Exhibit 3 (Redacted), # 5 Exhibit 4, # 6 Exhibit 5 (Filed Under Seal), # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8 (Redacted), # 10 Exhibit 9)(Cendali, Dale)

Exhibit 4

CONFIDENTIAL

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------x
J.T. COLBY & COMPANY, INC.
d/b/a BRICK TOWER PRESS, J.
BOYLSTON & COMPANY, PUBLISHERS
LLC and IPICTUREBOOKS LLC,
Plaintiffs,
vs.

No. 11-cv-4060

APPLE, INC.,
Defendant.
-----------------------------x

CONFIDENTIAL
VIDEOTAPED DEPOSITION OF
JOHN T. COLBY, JR.
New York, New York
Friday, July 20, 2012
9:41 a.m.

Reported by:
Jennifer Ocampo-Guzman, CRR, CLR
Ref: 7827
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CONFIDENTIAL
Page 33
1

Confidential-Colby

2
3

A.

The five or 6,000 I mentioned

earlier.

4

Q.

How many -- sorry.

Are you

5

claiming that you sold approximately 295,000

6

copies of books bearing the ibooks mark since

7

you inquired the assets of ibooks, Inc.?

8

MR. CHATTORAJ:

Objection.

9

A.

No.

10

Q.

Have you destroyed books bearing

11

the ibooks mark?

12

A.

Me personally?

13

Q.

Have you caused to destroy and

14

reduce some of your inventory of physical

15

books bearing the ibooks mark?

16

A.

Yes.

17

Q.

Approximately how many books

18

bearing the ibooks mark have you destroyed

19

since you acquired the assets from ibooks,

20

Inc.?

21
22

A.

I would have to check their actual

counts but a lot.

23

Q.

Why?

24

A.

Why what?

25

Q.

Why did you destroy them?
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CONFIDENTIAL
Page 34
1
2
3

Confidential-Colby
A.

My distributor didn't want to sell

them any more.

4

Q.

And what distributor was that?

5

A.

National Book Network.

6

Q.

And when did this occur?

7

A.

When did what occur?

8

Q.

When -- was there a single time

9

when books were destroyed or were there

10

multiple times that books bearing the ibooks

11

mark were destroyed?

12
13
14

A.

To the best of my knowledge, there

were pulped in September, October of 2011.
Q.

How many physical copies of books

15

bearing the imprint ipicturebooks existed

16

when you purchased ipicturebooks LLC?

17

A.

Print books?

18

Q.

Correct.

19

A.

I don't know, without looking at

20
21
22
23

the licensee records.
Q.

Do you have any best estimate, were

there under a thousand, ten million?
A.

Oh, I probably, print runs are

24

generally between five and 10,000 copies and

25

at that time there could have been at least
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CONFIDENTIAL
Page 104
1
2

Confidential-Colby
been returned?

3

MR. CHATTORAJ:

Objection.

4

A.

I'm sorry.

Say that again, please.

5

Q.

Isn't it true as we discussed on

6

Wednesday that by 2004 and 2005 many of the

7

books that had been sold by ibooks, Inc., in

8

2003, had begun to be returned?

9

MR. CHATTORAJ:

Objection.

10

A.

That's correct.

11

Q.

And isn't it true that that caused

12

a worsening of the company's financial

13

position?

14

MR. CHATTORAJ:

Objection.

15

A.

It's possible.

16

Q.

Let's look at Exhibit 97.

17

(Defendant's Exhibit 97, E-mail

18

dated 4/18/05, Bates No. COLBYHD0025424,

19

marked for identification, this date.)

20

Q.

COLBY HARD DRIVE 25424, an e-mail

21

exchange from Byron Preiss to various people

22

including John Dane and B.C.

23

Ashmall-Liversidge at ipicturebooks.com; do

24

you see that?

25

A.

I do.
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