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)
CONFIDENTIAL
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,
Plaintiffs,
vs.
No. 11-cv-4060
APPLE, INC.,
Defendant.
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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-Colby
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MR. CHATTORAJ:
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4
5
A.
Objection.
I'm not sure what you mean by
financial difficulties.
Q.
That its business was doing badly?
6
MR. CHATTORAJ:
Objection.
7
A.
And by business what do you mean?
8
Q.
You're unable to answer that
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10
11
12
question, Mr. Colby?
A.
Well, there are two sides to a
business.
Q.
Mr. Colby, isn't it true that prior
13
to Byron Preiss' death ibooks, Inc., was
14
experiencing difficulties keeping the
15
business afloat?
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17
18
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MR. CHATTORAJ:
A.
Objection.
It would seem to, it would seem to
suggest that, yes.
Q.
And isn't it true that Mr. Preiss
20
died the day after Exhibit 102, talking about
21
the tax penalties, was written?
22
A.
I believe that's true, yes.
23
Q.
He died on July 9, 2005, isn't that
24
25
correct?
A.
I think that's true, yeah.
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Confidential-Colby
Q.
But isn't it true that the
3
financial difficulties with the company had
4
occurred prior to his death?
5
6
MR. CHATTORAJ:
A.
Objection.
Well, that's the period of time
7
we're talking about, yes, he left two kids by
8
the way.
9
Q.
Let's look at Exhibit 106.
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(Defendant's Exhibit 106, E-mail
11
dated 9/13/05, Bates No.
12
COLBYHD00547340, marked for
13
identification, this date.)
14
Q.
Exhibit produced from the hard
15
drive, COLBY HARD DRIVE 54734, from Robin
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Bader at BPVP.com to among others B.C.
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Ashmall-Liversidge@ipicturebooks.com and
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others.
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says, Roger, do ibooks.net and BPVP.com still
20
exist?
And at the bottom of the e-mail it
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And Roger Cooper responds, "In
22
looking for them on the internet, (as you
23
probably have), it looks like the site have
24
vanished.
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Who would know officially?"
Do you see that?
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ipicturebooks folder or they could be under
3
that folder too, but nonetheless that's where
4
they are.
5
Q.
How did you set the price of
6
$125,000 that you bid to purchase the assets
7
of Byron Preiss Visual Publications and
8
ibooks, Inc.?
9
A.
That was my estimate of the fair
10
market value of the sales potential of the
11
existing inventory in the next two years out.
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13
14
Q.
How did you go about figuring that
A.
I created a spreadsheet by title,
out?
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may have described this on Wednesday, by
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opening inventory, purchases, sales, returns,
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pending inventory, doing that for units and
18
dollars and then once I figure out the
19
return, return curve, I can also figure out
20
the sales curve.
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signed curves, I won't go into the math, but
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they'll go out 60 cycles, which is in my
23
world five years, and I just forecasted it
24
out knowing what the existing inventory, how
25
long the existing inventory was going to last
These are all basically
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and then would calculate the required
3
purchases to replenish that inventory.
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When the inventory ran out -- I did
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that by title -- and that spreadsheet gave me
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the total number that, well, it's a forecast
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and based on that information I thought that
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125 was a fair price.
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value situation.
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Q.
Like a net present
Did you allocate any portion of the
11
purchase price to the value of the ibooks
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mark itself?
13
A.
It was important to know that we
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had the rights in the mark and that
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bankruptcy trustee represented to me also the
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right to Byron Preiss Visual Publications the
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name to that one too, and to Milk & Cookies
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Press, that was very important to the marks,
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that have been mentioned earlier.
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bankruptcy trustee represented to me that
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those are the marks.
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that into the equation.
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would have been difficult to value it without
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those marks.
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place.
And the
And so, okay, I built
Otherwise, I, it
I needed all those marks in
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