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

J

CONFIDENTIAL

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,
Plaintiffs,
vs.

No. 11-cv-4060

APPLE, INC . ,
Defendant.

-----------------------------x
CONFIDENTIAL
VIDEOTAPED DEPOSITION OF
JOHN T. COLBY, JR.
New York, New York
Friday, July 20, 2012
9:41 a.m.

Reported by:
Jennifer Ocampo-Guzman, CRR, CLR
Ref: 7827
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CONFIDENTIAL
Page 251
Confidential-Colby

1

Q.

2
3

Well, you now know that Diamond

Comics did not distribute ibooks, right?

4

A.

I'm still uncertain of that.

5

Q.

Then your next paragraph goes on to

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J

l

I
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talk about how that you license book product

7

to various entities; do you see that?

8

A.

Yes.

9

Q.

And then in the last sentence you

10

write,

"I was hoping you could you pass this

11

along to the right person at Apple in order

12

to discuss our ibooks brand and eBook titles

13

for use on the new iPad."

1

!
I
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!

i
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I
~

l

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I

Do you see that?

14

I

I

l
.i

15

A.

I do.

16

Q.

So isn't it true that you were

!
!
;

R

17

contacting Apple about selling your books via

18

Apple's new app?
MR. CHATTORAJ:

19

A.

20
21
22

Objection.

That was the basis for my inquiry,

l

'

l

I
I
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i

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I

yes.

I

l

Q.

So nowhere in this e-mail did you

23

state that Apple had infringed your rights,

24

correct?

i
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I
l

l

j

25

MR. CHATTORAJ:

Objection.

I
~

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CONFIDENTIAL

I
i

Page 252
Confidential-Colby

1

2

A.

Well, I did but in a business way,

~

I
I
'

3

I quoted the word "ibooks" in the second line

4

of the second paragraph knowing probably that

5

Mr. Dowling would recognize the term, and

6

that's my polite way of saying, you know,

l

7

hey, we've got a conflict and let me talk to

i

8

somebody about it.

9

Q.

Well, all you are asking him here

10

is that you wanted to sell your books via

11

Apple; isn't that right?

12

MR. CHATTORAJ:

13

14

A.

16

l

!

I
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!

I

I
ft

Objection.

right person to talk to at Apple.

Q.

~

!

I'm asking him to lead me to the

15

!

iPad, right?

About selling your books via the

i

I
I
I
!
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r.

MR. CHATTORAJ:

17

18
19

A.

Objection.

I'm looking for the right person to

talk to.

20

Q.

About selling your books on the

21

iPad, right?

I
I
i
l

MR. CHATTORAJ:

22
23

A.

24

Q.

~\

Objection.

ibooks.

25

'

l

Also about Apple's use of the word

i
I
~

I

Although you don't mention that

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CONFIDENTIAL
Page 253
Confidential-Colby

1
2

here?

3

A.

Well, I do in my polite way.

4

Q.

And isn•t it true that if you

5

wanted to, you could sell your books via the

6

iPad?
MR. CHATTORAJ:

Objection.

8

A.

I don•t know.

9

Q.

Have you ever attempted to?

10

A.

No.

11

Q.

When was the next time you had a

13

communication with anyone at Apple?
A.

No one at Apple, but I thought that

14

Mr. Gunderson was an Apple employee, he would

15

have been my next, my next contact point.

16

Q.

Did you get a call the next day

17

from Glen Gunderson, an attorney on behalf of

18

Apple?

19

A.

Glen, I can•t remember if he called

20

and left a message and I called back or he

21

got me right away, but I didn•t know he was

22

an attorney.

23

Q.

24
25

i
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t

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7

12

i

But you spoke to Mr. Gunderson on

or around February 1st; is that right?
A.

Sounds about right.
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ERRATA SHEET
J.T. Colby & Co., Inc., et al. v. Apple, Inc.
Personal Deposition of John. T. Colby, Jr., July 20,2012

PAGE
9

22

LINE(S)

CHANGE
store" should read "next door"
"apartment THAT" should read
"apartment"
"there" should read ''they"
"Harald" should read "Harold"
"my" should read "me"
"If' should read "It"
"Would you" should read "You
would"
"picturebooks" should read
"ipicturebooks"
"public" should read "publication"
"one every" should read "on every"
"iBooks store" should read
"iBookstore"
"Anyone, probably" should read
"Anyone? Probably"
"apps" should read "app"
"the conversions" should read "that
conversion"
"Yes" should read "Oh. Yes"
"you, it" should read "you? It"

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REASON FOR CHANGE
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John T. Colby, Jr.
Subscribed before me, this Zfi_day ofoPjlJSi-, 2012.

k/;tf{o:zr
Notary Public

tofiq(t3
Date Commission Expires

DONNA M. HARNEY
NOTARY PUBLIC. STA'TT: OF NEW YORK

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QUALIFIED IN SUFFOLK. COUNTY
.
NO. 4908731

,

M'f COMMISSION EXPIRES OCT. 1 9 , -

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