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
TSG Reporting - Worldwide
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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
TSG Reporting - Worldwide
877-702-9580
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