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

Filing 126

DECLARATION of Partha P. Chattoraj in Opposition re: 104 MOTION for Summary Judgment.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102, # 103 Exhibit 103, # 104 Exhibit 104 Part 1, # 105 Exhibit 104 Part 2, # 106 Exhibit 104 Part 3, # 107 Exhibit 104 Part 4, # 108 Exhibit 104 Part 5, # 109 Exhibit 104 Part 6, # 110 Exhibit 104 Part 7, # 111 Exhibit 105, # 112 Exhibit 106, # 113 Exhibit 107, # 114 Exhibit 108, # 115 Exhibit 109, # 116 Exhibit 110, # 117 Exhibit 111, # 118 Exhibit 112, # 119 Exhibit 113, # 120 Exhibit 114, # 121 Exhibit 115, # 122 Exhibit 116, # 123 Exhibit 117, # 124 Exhibit 118, # 125 Exhibit 119)(Chattoraj, Partha)

EXHIBIT 14

David Shaiman

Cc:
Subject:
Attachments:

Partha Chattoraj
Monday, August 20, 2012 6:23 PM
David Shaiman; Jarrett, Bonnie L. ([e-mail]); Cendali, Dale
([e-mail]); Ray, Claudia ([e-mail])
Robert Raskopf ([e-mail])
RE: J.T. Colby & Co. v. Apple, Inc.
ExternaiSalesHistoryByTitle.xlsx

Categories:

J.T. Colby & Co. v. Apple. Inc.

From:
Sent:
To:

Dear Bonnie:
Following up on David Shaiman's August 17 email below, attached as a Microsoft Excel spreadsheet is the
supplementary information you requested in response to Interrogatory No.9 in Defendant's Second Set of
Interrogatories. Because of the 11 MB size of the attachment, please reply to confirm receipt.
Please note that this spreadsheet contains updated information regarding the ipicturebooks imprint on one tab, and
information about the ibooks imprint on another tab. The ipicturebooks data contained in the attached supersedes the
data contained in the spreadsheet sent by David Shaiman on Friday, August 17, which inadvertently omitted certain
information; the Excel spreadsheet sent to you on August 17 can accordingly be disregarded.
In addition, please note that, in the process of preparing this data, our clients identified two minor errors in their sales
data previously provided to Defendant. First, in December 2004, sales of "1, ROBOT SPECIAL SALE" (row 35050 in the
"ibooks" tab in the attached) were inadvertently omitted. Second, cost of sales was previously undercounted in
2005. These numbers have been corrected in the attached document pursuant to Fed. R. Civ. P. 26(e).
Please let us know if you have any questions.
Thanks,
Partha

*********************************

Partha P. Chattoraj
Allegaert Berger & Vogel LLP
111 Broadway, 20th Floor
New York, New York 10006
Direct: [phone]
Main: [phone]
Fax:
[phone]
Email: [e-mail]
www.abv.com
*********************************
This e-mail may contain confidential and privileged material for the sole use of the intended recipient. Any review or distribution by
others is strictly prohibited. If you are not the intended recipient please contact the sender and delete all copies. Thank you.

From: David Shaiman
Sent: Friday, August 17, 2012 3:54 PM
1

To: Jarrett, Bonnie L. ([e-mail]); Cendali, Dale ([e-mail]); Ray, Claudia
(claudia. ray@ kirkland .com)
Cc: Partha Chattoraj; Robert Raskopf ([e-mail])
Subject: J.T. Colby & Co. v. Apple, Inc.

Dear Bonnie,
Consistent with my letter of August 3, 2012, although Plaintiffs continue to believe that they have already
complied fully with their obligations by their Responses and Objections to Apple Inc.'s Second Set of
Interrogatories, Plaintiffs make this supplemental response as a courtesy, and without waiving their position.
As such, and pursuant to my email of Wednesday, August 15, please find attached part one of Plaintiffs'
Supplemental Response to Interrogatory No.9. The attached spreadsheet contains the information for the
ipicturebooks imprint. We hope to be able to provide you with part two of Plaintiffs' Supplemental Response to
Interrogatory No. 9 containing the information for the ibooks imprint early next week.
Because of the size of the attachment to this email, please confirm receipt.
Best,
David

**********************************
David A. Shaiman
Allegaert Berger & Vogel LLP
Ill Broadway, 20th Floor
New York, New York 10006
Direct: [phone]
Tel.: [phone]
Fax: [phone]
www.abv.com

**********************************
This e-mail may contain confidential and privileged material for the sole use of the intended recipient. Any
review or distribution by others is strictly prohibited. If you are not the intended recipient please contact the
sender and delete all copies.

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