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

Filing 135

DECLARATION of Claudia T. Bogdanos in Opposition re: 120 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Susan Schwartz McDonald.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I Part 1, # 10 Exhibit I Part 2, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R)(Chattoraj, Partha)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
____________________________________
)
J.T. COLBY & COMPANY, INC. d/b/a/
)
BRICKTOWER PRESS, J. BOYLSTON & )
COMPANY, PUBLISHERS LLC and
)
IPICTUREBOOKS LLC,
)
)
Plaintiffs,
)
)
-against)
)
APPLE INC.,
)
)
Defendant.
)
)

Case No. 11 Civ. 4060 (DLC)

DECLARATION OF CLAUDIA T. BOGDANOS
IN OPPOSITION TO DEFENDANT APPLE INC.’S MOTION TO EXCLUDE ANY
TESTIMONY, ARGUMENT OR EVIDENCE REGARDING THE EXPERT REPORTS
AND OPINIONS OF SUSAN SCHWARTZ MCDONALD
I, Claudia T. Bogdanos, pursuant to 28 U.S.C. § 1746, declare as follows:
1.

I am over 18 years old and I am competent to make this declaration based upon

my personal knowledge. I make this Declaration in opposition to Defendant Apple Inc.’s Motion
To Exclude Any Testimony, Argument Or Evidence Regarding The Expert Reports And
Opinions Of Susan Schwartz McDonald, cited in the accompanying memorandum of law.
2.

I am an attorney at Quinn Emanuel Urquhart & Sullivan, LLP. I am admitted to

the New York bar and am currently in good standing.
3.

Attached hereto as Exhibit A is a true and correct copy of excerpts from the

deposition of Susan Schwartz McDonald, Ph.D., dated December 12, 2012.
4.

Attached hereto as Exhibit B is a true and correct copy of excerpts from the

deposition of Stephen M. Nowlis, dated December 14, 2012.

5.

Attached hereto as Exhibit C is a true and correct copy of the expert report of

Susan Schwartz McDonald, Ph.D, titled A Survey to Measure Potential Source Confusion
Associated with iBooks, dated September 17, 2012, and accompanying exhibits.
6.

Attached hereto as Exhibit D is a true and correct copy of the Sur-rebuttal and

Supplemental Report of Susan Schwatz McDonald, Ph.D., dated December 6, 2012, and
accompanying exhibits.
7.

Attached hereto as Exhibit E is a true and correct copy of excerpts from the

deposition of Jacob Jacoby, Ph.D., dated December 6, 2012.
8.

Attached hereto as Exhibit F is a true and correct copy of the Expert Report of

Mike Shatzkin, dated October 24, 2012, and accompanying exhibits.
9.

Attached hereto as Exhibit G is a true and correct copy of excerpts from the

deposition of Richard Freese, dated September 25, 2012.
10.

Attached hereto as Exhibit H is a true and correct copy of excerpts from the

deposition of Mike Shatzkin, dated December 4, 2012.
11.

Attached hereto as Exhibit I is a true and correct copy of the “Response to Office

Action” filed by Apple with the U.S. Patent and Trademark Office on October 9, 2010, in case
serial number 85008412.
12.

Attached hereto as Exhibit J is a true and correct copy of excerpts from the

“Response to Office Action” filed by Apple with the U.S. Patent and Trademark Office on
December 29, 2010, in case serial number 85008412.
13.

Attached hereto as Exhibit K is a true and correct copy of excerpts from the

deposition of E. Deborah Jay, dated November 30, 2012.

14.

Attached hereto as Exhibit L is a true and correct copy of excerpts from the

Expert Report of Gregory S. Carpenter, dated September 17, 2012.
15.

Attached hereto as Exhibit M is a true and correct copy of a Pew Research Center

Study titled The Rise of E-Reading, by Lee Rainie et al. (2012).
16.

Attached hereto as Exhibit N is a true and correct copy of a New York Times

article titled “Barnes & Noble Faces Steep Challenge as Holiday Nook Sales Decline,” by Leslie
Kauffman,

dated

January

3,

2012

and

available

at

http://mediadecoder.blogs.nytimes.com/2013/01/03/barnes-noble-reports-tepid-holiday-sales/. A
version of this article appeared on page B1 of the January 4, 2012 print edition of the New York
Times, under the headline “Barnes & Noble’s Strategy Is Questioned as Nook Sales Decline.”
17.

Attached hereto as Exhibit O is a true and correct copy of excerpts from the

deposition of John T. Colby, Jr., dated July 18, 2012.
18.
Values,

Attached hereto as Exhibit P is a true and correct copy of Panel Quality: Our
by

Research

Now,

available

at

http://www.researchnow.com/en-

GB/~/media/578E9AB322D5491CA61005CF64005C54.ashx.
19.
“Research

Attached hereto as Exhibit Q is a true and correct copy of a printout of the
Integrity”

page

of

Research

Now’s

website,

available

at

http://www.researchnow.com/en-US/Panels/PanelQuality/ResearchIntegrity.aspx.
20.

Attached hereto as Exhibit R is a true and correct copy of excerpts from the

Expert Report of Stephen M. Nowlis, dated October 26, 2012.

I declare under penalty of perjury under the laws of the United

States of America that the

foregoing is true and correct.
Executed this 25th day of January,2013 in New York, New York.

UatA;I.'V*