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

Filing 145

REPLY AFFIRMATION of Partha P. Chattoraj in Support re: 87 MOTION for Partial Summary Judgment.. 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)(Chattoraj, Partha)

EXHIBIT E

CONTAINS HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY PORTIONS BOUND SEPARATELY

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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

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Plaintiff,
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vs.

Case No. 11-CIV4060 (DLC)

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APPLE, INC.,
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Defendant.
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HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
Attorneys' Eyes Only Confidential Pages 300 - 302
VIDEOTAPED DEPOSITION OF THOMAS LA PERLE
30(b)(6) Capacity
Redwood Shores, California
Wednesday, September 19, 2012

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Reported by:
LORRIE L. MARCHANT, CSR No. 10523
RPR, CRR, CCRR, CLR

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JOB NO. 53418
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such as Verbol, which is the name of the language

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framework by which the ibook voice components

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interact with the base ibook system, which itself is

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an interactive Web site which responds to Verbol

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commands to create and modify Web pages.

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Do you see that there?

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A.

Yes.

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Q.

Is a fair characterization of this portion

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of this document that Mr. Reynolds is indicating

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that he could continue to engage in the same

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projects and business under a different name?

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MS. CENDALI:

Objection.

The document

speaks for itself.

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You can answer.

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THE WITNESS:

It sounds like he's saying

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that this new project that he's about to launch

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could possibly use a different name.

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BY MR. CHATTORAJ:

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Q.

The following paragraph, the second

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sentence reads, I assume our internal sites could

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retain their existing "ibook" domain name on our

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internal network.

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Do you see that there?

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A.

I'm sorry.

Which paragraph are we looking

at?
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Q.
before.

On the next paragraph after what I read
This is the --

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A.

We are in heavy use --

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Q.

That's exactly right.

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I'm referring to the

second sentence in that paragraph.

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A.

Okay.

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Q.

Is it your understanding today that Family

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Systems has retained their existing "ibook" domain

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name on their internal network?

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A.

No.

That's -- my understanding is they've

transferred all their "iBook" domain names to Apple.
Q.

Is it your understanding that they did so

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within the transition period called for by the

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acquisition agreement?

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A.

I believe so, but I -- I haven't checked

myself, but I believe that's true.

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Q.

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right?

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A.

Yes.

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Q.

Somebody employed by or acting on behalf of

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But it's fair to say that somebody checked;

Apple; right?

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A.

Yes.

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Q.

Did you ever receive any reports that

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Family Systems is violating the terms of the

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agreement?
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A.

Not that I'm aware of.

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Q.

The following paragraph reads, It was not

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clear from talking to Brewster which of Family

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Systems' ibooks -- sorry -- which of Family Systems'

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ibook assets Apple are interested in.

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multiple domain names and trademark registration, as

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well as software technology and patents which

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reference ibook systems.

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There are

Do you see that?

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A.

Yes.

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Q.

To the best of your knowledge, was Apple

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interested in acquiring Family Systems' software

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technology?

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A.

No.

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Q.

Was Apple interested in acquiring Family

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Systems' patents?

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A.

No.

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Q.

Was Apple interested in acquiring Family

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Systems' patents which reference ibook systems?
A.

they reference -- I'm not -Q.

I -- I have -- my question is oriented

exclusively toward the words on this page.

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What do you mean by -- in the patent claims

MS. CENDALI:

Then objection as to form.

Vague.
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