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

Filing 127

DECLARATION of Dale M. Cendali in Opposition re: 87 MOTION for Partial Summary Judgment.. Document filed by Apple Inc.. (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 Tab - Borden Dep., # 10 Tab - Colby 30(b)(6) Dep., # 11 Tab - Gedikian Dep., # 12 Tab - Goldhor Dep., # 13 Tab - Gundersen Dep., # 14 Tab - Kvamme Dep., # 15 Tab - La Perle Dep. (REDACTED), # 16 Tab - Widup Dep.)(Cendali, Dale)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF NEW YORK

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J.T. COLBY & COMPANY, INC.,
d/b/a BRICK TOWER PRESS,
J. BOYLSTON & COMPANY,
PUBLISHERS, LLC and
IPICTUREBOOKS, LLC,
Plaintiff,
vs.

Case No. 11-CIV4060 (DLC)

APPLE, INC.,
Defendant.
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VIDEOTAPED DEPOSITION OF GRACE KVAMME

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Redwood Shores, California

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Tuesday, September 25, 2012

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Reported by:

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LORRIE L. MARCHANT, CSR No. 10523
RPR, CRR, CCRR, CLR

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JOB NO. 53420

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BY MR. CHATTORAJ:
Q.

Did Apple conduct any marketing campaigns

addressed to customers of Family Systems?

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MS. RAY:

Objection.

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THE WITNESS:

Not specifically associated

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with that company.

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but -- and they may have been associated with Family

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Systems, but we wouldn't have known that.

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We -- we surveyed customers,

BY MR. CHATTORAJ:
Q.

So it's fair to say they weren't targeted

at customers of Family Systems; right?
A.

They weren't -- no.

There were no surveys

targeted at customers of Family Systems.
Q.

Did Apple engage in any marketing efforts

to identify the customers of Family Systems?

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A.

No.

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Q.

Did Apple engage in any marketing efforts

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to identify the users of Family Systems software?

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A.

No.

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Q.

Is the iBooks software application marketed

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as an interactive Web collaborative system?
A.

Interactive Web collaborative system?

that what you said?

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Q.

That is what I said.

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A.

And did -- was that related to iBooks?

Is

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Q.

Yes.

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A.

Interactive Web collaborative system.

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don't use those words, no.

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We

like that, no.

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Q.

Do you market iBooks as a collaborative

system?

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MS. RAY:

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THE WITNESS:

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I mean, not all together

Objection.
No.

I mean we talk about

sharing bits and pieces of a book with another and

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maybe sharing your notes, but I wouldn't

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characterize it as a collaborative system.

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BY MR. CHATTORAJ:
Q.

Do you market iBooks as an application that

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enables users to interact over the World Wide Web or

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the Internet?

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A.

No.

Only to the extent that I've already

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mentioned, that you can share notes with one another

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through e-mail.

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collaborative thing I can think of.

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Q.

That's the -- the only

Based on your experience in your roles at

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Apple, how would consumers learn about the ability

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to share notes and annotations and highlighting with

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one another through the iBooks application?

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A.

Customers would learn about new features by

playing with a product primarily.

We also have Web