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)

EXHIBIT I

CONFIDENTIAL
Page 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

-----------------------------X

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

No. 11-cv-4060

vs.
APPLE I

INC.

I

Defendant.

-----------------------------X
CONFIDENTIAL
VIDEOTAPED DEPOSITION OF
30(b) (6) JOHN T. COLBY, JR.
New York, New York
Wednesday, July 18, 2012
10:20 a.m.

Reported by:
Jennifer Ocampo-Guzman, CRR, CLR
Ref: 7845
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212-400-8845
Depo®TransPerfect.com

CONFIDENTIAL
Page 320
Confidential-Colby

1

2

A.

Most often this way.

3

Q.

How else is it depicted?

4

A.

Most often this way.

5
6

7
8
9

10

I can't think

of anything -- any other -- any other way.
Q.

Isn't it true that this light bulb

is used on all of your iBooks imprint books?
A.

Yes, the light bulb and the words

iBooks underneath it.
Q.

Does Apple use the light bulb, to

11

your knowledge, in conjunction with its

12

iBooks mark?

13

A.

I don't know.

14

Q.

Are you aware of any instance of it

15

doing that?

16

A.

17

No.
Just backing up there was -- were

18

documents that indicate the iBooks associated

19

itself with the word "idea" and "new idea."

20

Q.

What documents are you referring to

21

that says that iBooks are supposed to be a

22

reference to "idea"?

23

A.

There are some ads in the book of

24

-- some of the books that reference iBooks in

25

connotation with a new idea that's brand new
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ERRATA SHEET
J.T. Colby & Co., Inc., et al. v. Apple, Inc.
30(b)(6) Deposition of John. T. Colby, Jr., July 18,2012

PAGE
22

LINE(S)
21

CHANGE
"MS. JARRETT" should read "MR.
RASKOPF"

104
107

21

"used'' should read "use"
"30, 000" should read "30,000"
"divided" should read "provided"
"belated" should read "-their
belated"
"county" should read "counsel I"
"filed" should read "file"
"Not" should be deleted.
"back" should read "book"
"I have just have" should read "I just
have"
"for" should read "for it"
"Put all imprint" should read "That's
all print"
"trademark" should read "electronic"
"Apple 2" should read "Apple too"
"iBooks authors" should read
"iBooks Author"
"author's" should read "authors"
"other" should read "how the"
"you parted a new" should read
"you're part of the new"
"print" should read "imprint"
"We" should read "Be careful, we"
"independence" should read
"independents"
"in" should read "in one"
"commerce" should read
"ecommerce"
"Com i-con'~ should read ComicCon"
"Comi-con" should read ComicCon"
"authors" should read "author's"
"probable'' should read "probably"
"connotation" should read
"connection"
''books of' should read "books as"
"first" should read "first time"

115

6
9

121

7

122
128
136
173
179

13
19
2
14
25

180
181

3

5
6

190
194
196

23
15

198
198
217

7
9
8

226
229
239

8
17
6

254
265

24
9

273

11

274

12

277
311
320

17
17
25

324
329

13
10

REASON FOR CHANGE
Mr. Raskopf made this statement but
the court reporter attributed it to Ms.
Jarrett.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by
Mistranscription by
Mistranscription by
Mistranscription by
Mistranscription by

court reporter.
court reporter.
court reporter.
court reporter.
court reporter.

Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reJ>orter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court re~orter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reporter.
Mistranscription by court reporter.

21
12

John T. Colby, Jr.

Subscribed before me, thi;;fjday o f ¥ · 2012.

~~
Notary Public

lo{t9/t3
Date Commission Expires

DONNA M. HARNEY
NOTARY PUBLIC, STATE OF NEW YORK
QUALIFIED IN SUFFOLK COUNlY
NO. 4908731
'"'lr'l{ ::;?
MY COMMISSION EXPIRES OCT. 19, _c7'-'_ .....;::>

2