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

Filing 159

DECLARATION of Bonnie L. Jarrett in Support re: 104 MOTION for Summary Judgment.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 (REDACTED), # 4 Exhibit 4 (REDACTED), # 5 Tab - Borden Dep, # 6 Tab - Colby 30(b)(6) Dep (REDACTED), # 7 Tab - Colby Dep, # 8 Tab - Freese Dep, # 9 Tab - Goldhor Dep, # 10 Tab - Gundersen Dep, # 11 Tab - Kvamme Dep)(Cendali, Dale)

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UNITED STATES DISTRICT COURT

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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,
Plaintiff,
vs.

Case No. 11-CIV4060 (DLC)

APPLE, INC.,
Defendant.
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VIDEOTAPED DEPOSITION OF GRACE KVAMME

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Redwood Shores, California

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Tuesday, September 25, 2012

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Reported by:

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

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JOB NO. 53420

Page 99
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go through each of the three possibilities you

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outlined.

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Was it based on Apple's use of the term in

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that way?

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A.

There were several terms that we were using

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to describe digital books at that time:

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books," "E-books," "iBooks" in this isolated case.

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They were sort of interchangeable at the time.

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we subsequently clarified exactly what each of those

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"Digital

And

terms mean and how we should use them.
Q.

Was the use of that term to signify

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electronic books in those survey questions based on

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your group's use of the term that way?

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A.

No.

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Q.

Was the use of the word "iBooks" to signify

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electronic books in those survey questions based on

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your own personal use of the term that way?

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A.

I used a variety of different terms to

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describe digital books, and in this particular

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survey, we were -- "iBooks" was the term that we

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used.

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Q.

You've described it as an isolated

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instance, when "iBooks" was used to refer to

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electronic downloaded books in reference to the

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survey questions reflected in the survey report.

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You were aware of other times when Apple

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employees used the word "iBook" to refer to

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downloaded electronic books; right?

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MS. RAY:

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THE WITNESS:

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BY MR. CHATTORAJ:

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Q.

Objection.
No.

Not externally, no.

What do you mean when you say "not

externally"?
A.

As I mentioned, there were several terms

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that could have been used to refer to digital books,

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and I'm not aware of any external communications to

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customers that used that term to -- to describe

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digital books.

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Q.

Are you aware of instances in which Apple

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employees used the word "iBook" to refer to an

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electronic downloaded book internally within Apple?

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A.

There were several terms that we were using

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to refer to digital books.

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them.

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Q.

"iBooks" was one of

Did you yourself use the word "iBooks" in

that way in internal discussions at Apple?

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A.

I don't remember outside of this survey.

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Q.

Have you ever done any market research on

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the question of how important the availability of

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the iBooks software application is to sales of the