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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Page 1 1 IN THE UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF NEW YORK 3 4 5 J.T. COLBY, INC., et al., 6 Plaintiffs, 7 vs. 8 APPLE, INC., CASE No. 9 11-CIV-4060 Defendants. ___________________________/ 10 11 12 13 VIDEOTAPED DEPOSITION OF LISA WIDUP 14 REDWOOD SHORES, CALIFORNIA 15 FRIDAY, SEPTEMBER 21, 2012 16 17 18 19 20 21 BY: 22 CSR LICENSE NO. 9830 23 JOB NO. 53419 ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR 24 25 TSG Reporting - Worldwide 877-702-9580 Page 209 1 2 Description appears in the -- on the page. It says: 3 4 5 "iBooks is an amazing way to download and read books designed exclusively for iPad." A Oh, I can't read that. I -- it may say that. 6 I can't read that very well. 7 better in the Section 7 amendment. I don't know if it looks 8 Q Okay. 9 A Nope. 10 Q Well, I think that I can read it. 11 I am going to read the text and -- actually, withdraw that. 12 MS. CENDALI: Do you have an earlier 13 generation? 14 This looks like a copy from the complaint that's a 15 copy of a copy of a copy. 16 This has been produced in discovery. MR. CHATTORAJ: Let me ask a couple of 17 questions, and then we can go off the record for a 18 break, and I'll -- 19 20 MS. CENDALI: Maybe you don't need it. 21 22 23 Well, only if you need it. MR. CHATTORAJ: Yeah, let's -- let's just see how it plays out. Q Does reviewing this specimen -- thinking back 24 over the process by which you prepared the filing, 25 what in this specimen provides a factual basis for the TSG Reporting - Worldwide 877-702-9580 Page 210 1 allegation that Apple was using the IBOOKS trademark 2 in connection with the use in commerce of computer 3 software used to support and create interactive 4 user-modifiable electronic books in Class 9? 5 A Well, as you just talked about, it's hard to 6 read the specimen. 7 and I know what it is. 8 it was a screen shot from the App Store showing the 9 iBooks software available for download. 10 But I do remember preparing it, And like I think I said, that So, you know, if you're asking me what was 11 my -- the facts for my basis to say that it was in use 12 in commerce, the iBooks software does a lot of things. 13 It allows users to take an ePub file or 14 whatever sort of electronic book file, and then create 15 an electronic book that then you can then read on your 16 iPad or on your iPhone through the iBooks software. 17 It allows users to modify the book, interact with the 18 book. They can highlight it. 19 font. They can change the background to make it more 20 readable. 21 They can change the They can highlight words to say, "Okay, I -- 22 you know, I don't know that word." 23 know, hold your finger on it, it pops up a thesaurus 24 or a dictionary and pops you out to another 25 application, where it will tell you what the word TSG Reporting - Worldwide And if you, you 877-702-9580 Page 211 1 means. 2 So, I mean, that's the software that Apple 3 was using when I filed the Section 8 and 9, or that's 4 the software that it was providing under the IBOOKS 5 mark, to be more accurate. 6 Q You just testified that the iBooks software 7 allows users to take an ePub file or whatever sort of 8 electronic book file and then create an electronic 9 book that you can then read on your iPad or on your 10 iPhone through the iBooks software. 11 What did you mean when you said it allows the 12 users to create an electronic book that you can then 13 read on your iPad or on your iPhone through the iBooks 14 software? 15 A Well, I mean, you know, a computer file is 16 not a book; right? 17 that computer file so you can then read the book. 18 then you've got a book now you can read, an electronic 19 book. 20 Q So the software lets you open up And So because the software allows the user to 21 read a computer file as an electronic book, that -- 22 that's the basis for your allegation that the use of 23 iBooks is in connection with computer software used to 24 support and create interactive user-modifiable 25 electronic books? TSG Reporting - Worldwide 877-702-9580 Page 212 1 MS. CENDALI: Objection. 2 THE WITNESS: That's part of the reason. 3 MR. CHATTORAJ: 4 Q. That's one of the reasons? 5 A Yeah. 6 Q It sounds like another reason was that users 7 8 9 10 were able to highlight text in the books? A That's one of the features that I was thinking about. Q Another reason is that users were able to 11 look up words, like, in a dictionary by tapping on a 12 word; right? 13 A Uh-huh, uh-huh. 14 Q Anything else? 15 A Just the things I mentioned earlier, you 16 know, changing the font and changing the background to 17 make it easier to read. 18 You know, the iBooks -- if -- if we could 19 read the specimen better, I could tell you all the 20 things that it says. 21 But I can even see that, you know, if you 22 click that "More" button that -- you know, or that 23 text that's in the specimen when you're inside the App 24 Store, it brings down a whole list of all the 25 descriptions of all of the features and everything. TSG Reporting - Worldwide 877-702-9580

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