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.

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d/b/a/ BRICK TOWER PRESS,

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J. BOYLSTON & COMPANY,

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PUBLISHERS, LLC and

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IPICTUREBOOKS, LLC,

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Plaintiffs

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V.

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Case No.:

APPLE, INC.,

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11-CIV4060

Defendant
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Deposition of Richard S. Goldhor, Ph.D.

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Tuesday, January 31, 2012

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9:58 a.m.

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Goodwin Procter, LLP

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53 State Street

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Boston, Massachusetts

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Reported by: Deborah Roth, RPR/CSR

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Job # 45894
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agree not to contest Apple's use of ibook for

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its notebook computer?

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MS. RAY:

Objection to form.

Lack

of foundation.
A.

That's my layperson's understanding of

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what was going on.

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if -- without that jointly-signed affidavit,

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that Apple would have had trouble getting

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their registration, getting their trademark

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registered.

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My understanding is that

MS. SHEEHAN:

Mark this as

Goldhor 20.

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(GOLDHOR EXHIBIT NO. 20 MARKED)

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Q.

Do you recognize this document?

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A.

Without reading through it in detail,

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but this looks like the consent agreement, the

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agreement that Apple and Family Systems

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signed.

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Yeah, Lawrence Wertheimer is the

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person whose name -- he lived in New York and

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he was the director of Family Systems.

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Q.

Pointing your attention on Page 1 --

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A.

Uh-huh.

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Q.

-- to the description in Paragraph 2 of

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the Family Systems use of the mark ibook -TSG Reporting - Worldwide

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A.

Uh-huh.

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Q.

-- is this an accurate description,

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GOLDHOR

based on your understanding?
A.

"Computer software used to support and

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create interactive, user modifiable,

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electronic books and related goods and

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services."

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Q.

Yes.

And based on your knowledge, Family

Systems never expanded its use of the mark
ibook from what is described here?
A.

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As far as I know -MS. RAY:

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foundation.

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Objection.

Lack of

speculation.

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A.

Objection to form.

Calls for

As far as I know, during the time that

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I was working for Family Systems, everything

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that we did with the mark falls comfortably

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under this description.

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Q.

Were you involved at all with Family

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Systems' assignment of its trademark

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registration to Apple?

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A.

The complete assignment, no involvement

whatsoever.
Q.

Have you spoken to Brian Reynolds about

it?
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Q.

Assuming they had downloaded the

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software and agreed to the terms associated

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with the software, and then had it loaded onto

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some kind of device.

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A.

That's correct, with one caveat.

I

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don't know how important it is, but Brian

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really strove to put in a requirement that it

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only be used for material that would advance

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the common good or something like that.

He

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had language that might appear very

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idealistic, but he was quite serious about it.

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And so that was -- that limitation on the type

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of material would have been the only

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limitation.

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Q.

So that in terms of the subject matter,

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it sounds like of the content he had hopes for

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what it would be used for?

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A.

Yes.

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Q.

And you said that the ibooks

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technology -- excuse me, ibook technology,

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including the ibook software, could be used to

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support and create user-modifiable electronic

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books, correct?

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A.

Yes.

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Q.

Is it fair to say that a user could
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