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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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
J.T. COLBY & COMPANY,
: Case Number
INC. d/b/a BRICK TOWER
: 11-CV-40260
PRESS; J. BOYLSTON &
: (DLC)
COMPANY, PUBLISHERS LLC
:
and IPICTUREBOOKS
:
LLC,
:
Plaintiffs,
:
:
vs.
:
:
APPLE, INC.,
:
Defendant.
:

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October 2, 2012
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Videotaped deposition of APPLE,
INC., through HAL E. BORDEN, ESQUIRE, taken
at the offices of Veritext National Court
Reporting Company, 1801 Market Street, Suite
1800, Philadelphia, Pennsylvania 19103,
beginning at 10:15 a.m., before LINDA ROSSI
RIOS, RPR, CCR and Notary Public.

VERITEXT NATIONAL COURT REPORTING COMPANY
MID-ATLANTIC REGION
1801 Market Street - Suite 1800
Philadelphia, Pennsylvania
19103

VERITEXT NATIONAL COURT REPORTING COMPANY
888-777-6690 ~ 215-241-1000 ~ 610-434-8588 ~ 302-571-0510

Page 140
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HAL E. BORDEN, ESQUIRE

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THE WITNESS:

I don't recall.

BY MR. CHATTORAJ:

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Q.

Same question with respect to

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any time period, have you ever in your life

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carried out an investigation of Family

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Systems?

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MS. RAY:

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caution.

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Go ahead.

THE WITNESS:

I don't recall.

BY MR. CHATTORAJ:

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Same objection and

Q.

Have you ever visited a Family

Systems' Web site?

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A.

I don't recall.

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Q.

Do you have any knowledge

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concerning the goods and services offered to

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the public by Family Systems at any time?

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A.

I recall seeing one or more

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pages from Family Systems' Web site.

I don't

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remember the context in which I saw them.

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knowledge of its products -- to begin the

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sentence again, I would have some knowledge

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of its products based on seeing that Web

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site.

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have additional knowledge regarding its

I don't recall the extent to which I

VERITEXT NATIONAL COURT REPORTING COMPANY
888-777-6690 ~ 215-241-1000 ~ 610-434-8588 ~ 302-571-0510

My