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)
Page 1
1
UNITED STATES DISTRICT COURT
2
SOUTHERN DISTRICT OF NEW YORK
3
4
5
6
7
8
9
10
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.
-----------------------------/
11
12
13
VIDEOTAPED DEPOSITION OF GRACE KVAMME
14
Redwood Shores, California
15
Tuesday, September 25, 2012
16
17
18
19
20
21
Reported by:
22
LORRIE L. MARCHANT, CSR No. 10523
RPR, CRR, CCRR, CLR
23
24
25
JOB NO. 53420
Page 99
1
go through each of the three possibilities you
2
outlined.
3
Was it based on Apple's use of the term in
4
that way?
5
A.
There were several terms that we were using
6
to describe digital books at that time:
7
books," "E-books," "iBooks" in this isolated case.
8
They were sort of interchangeable at the time.
9
we subsequently clarified exactly what each of those
10
11
"Digital
And
terms mean and how we should use them.
Q.
Was the use of that term to signify
12
electronic books in those survey questions based on
13
your group's use of the term that way?
14
A.
No.
15
Q.
Was the use of the word "iBooks" to signify
16
electronic books in those survey questions based on
17
your own personal use of the term that way?
18
A.
I used a variety of different terms to
19
describe digital books, and in this particular
20
survey, we were -- "iBooks" was the term that we
21
used.
22
Q.
You've described it as an isolated
23
instance, when "iBooks" was used to refer to
24
electronic downloaded books in reference to the
25
survey questions reflected in the survey report.
Page 100
1
You were aware of other times when Apple
2
employees used the word "iBook" to refer to
3
downloaded electronic books; right?
4
MS. RAY:
5
THE WITNESS:
6
BY MR. CHATTORAJ:
7
8
9
Q.
Objection.
No.
Not externally, no.
What do you mean when you say "not
externally"?
A.
As I mentioned, there were several terms
10
that could have been used to refer to digital books,
11
and I'm not aware of any external communications to
12
customers that used that term to -- to describe
13
digital books.
14
Q.
Are you aware of instances in which Apple
15
employees used the word "iBook" to refer to an
16
electronic downloaded book internally within Apple?
17
A.
There were several terms that we were using
18
to refer to digital books.
19
them.
20
21
Q.
"iBooks" was one of
Did you yourself use the word "iBooks" in
that way in internal discussions at Apple?
22
A.
I don't remember outside of this survey.
23
Q.
Have you ever done any market research on
24
the question of how important the availability of
25
the iBooks software application is to sales of the
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?