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

Filing 137

DECLARATION of Partha P. Chattoraj in Opposition re: 83 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Robert T. Scherer.. 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 Part 1, # 4 Exhibit C Part 2, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Chattoraj, Partha)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
J.T.COLBY & COMPANY, INC., D/B/A
BRICK TOWER PRESS, J. BOYLSTON &
COMPANY, PUBLISHERS LLC AND
IPICTUREBOOKS LLC,

Civil Case No.: 11-civ-4060 (DLC)

,_

Plaintiffs,
-against-

ATTORNEY DECLARATION

APPLE INC.
Defendant.

Partha P. Chattoraj, hereby declares pursuant to 28 U.S.C. § 1746 that:
1.

I am a member in good standing of the Bar of this Court and New York

State and am a member of the law fum Allegaert Berger & Vogel LLP~ co-counsel for Plaitltiffs in
the above referenced matter.
2.

I submit this declaration in opposition to Defendants Motion to Exclude

Any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Robert T.
Scherer.
3.

Attached hereto are full documents and, pursuant to Rule 5.2 of the ECF

Rules & Instructions for the United States District Court for the Southern District of New York,
April4, 2011 Edition, relevant excerpts of more voluminous documents. The full versions of all
excerpted documents have either been produced in full in this litigation, made available to
opposing counsel for inspection, or are publically available. Full versions of any excerpted
documents will be made available to the Court upon request.

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4.

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

sections ofSiegrun D. Kane's, Kane on Trademarks: A Practitioners' Guide (PLI 2011).

5.

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

transcript of the deposition of Robert Scherer in this matter, taken November 16,2012.
6.

Attached hereto as Exhibit Cis a true and correct copy of Plaintiffs' proposed

redacted versions of the Expert Report and Rebuttal Report of Robert T. Scherer, dated September 17, 2012
and October 26,2012, respectively.

7.

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

transcript of the deposition of Hal Borden in this matter, taken on October 2, 2012.
8.

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

transcript of the deposition of Glenn A. Gundersen in this matter, taken on October 3, 2012.
9.

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

Domain Name Assignment Agreement made between Apple and FS and dated as of January 26,'
2010 along with an internal invoice from Apple. Exhibit F was produced by Defendant in this
litigation and bears Bates numbers APPLE-IBOOKS0033421-32.
10.

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

deposition of Thomas La Perle in this matter, taken on September 19,2012.
11.

Attached hereto as Exhibit H is a true and correct copy of a letter sent by Byron

Preiss to Bob Minzesheimer of USA Today, dated August 18, 1999, announcing the launch of
ibooks.
12.

Attached hereto as Exhibit I is a true and correct copy of excerpts from the 30(b)(6)

deposition of John T. Colby, Jr. in this matter, taken on July 18, 2012.
13.

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

deposition of John T. Colby, Jr. in this matter, taken on July 20,2012.
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14.

Attached hereto as Exhibit K is a true and correct copy of an Order ofthe Court,

(Cote, J.), dated August 7, 2012.
I declare, under penalty of perjury, that the foregoing is true and correct.
Dated: New York, New York
January 25, 2013

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Partha P. Chattoraj

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