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

Filing 172

DECLARATION of Mary Mazzello in Opposition re: 77 MOTION to Preclude the Testimony of Defendant's Rebuttal Expert Witness Stephen M. Nowlis., 73 MOTION to Preclude the Testimony of Defendant's Expert Witness E. Deborah Jay.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Tab - Colby Dep, # 6 Tab - Jacoby Dep, # 7 Tab - Jay Dep, # 8 Tab - McDonald Dep, # 9 Tab - Nowlis Dep)(Cendali, Dale)

Page 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
J.T. COLBY & COMPANY, INC.
d/b/a BRICK TOWER PRESS,
J. BOYLSTON & COMPANY
PUBLISHERS LLC, and
IPICTURES LLC,
Plaintiffs,
vs.

Civil Action
No. 11-cv-4060(DLC)

APPLE, INC.,
Defendant.
-------------------------)

VIDEOTAPED DEPOSITION OF
JACOB JACOBY, Ph.D.
New York, New York
Thursday, December 6, 2012

Reported by:
SHAUNA STOLTZ-LAURIE
Ref: 8576

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Page 189
1
2

Jacoby
think?

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4

MS. BOGDANOS:
A.

Objection.

Yes, but in a post sale

-- we're

5

looking at prospective purchasers who are in

6

the post sale situation.

7

Q.

Right.

8

A.

Not -- so here we have prospective

9
10

purchasers put into a presale or point of
same by question D, frame of mind.

11

Q.

Okay.

12

A.

But they're not put into a post

13
14

sale frame of mind.
Q.

But isn't is true, whether it's at

15

the time of sale or whether it's post sale,

16

you are still looking to see the thoughts of

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prospective purchasers?

18

A.

You know, this study can't capture

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it, and I'll tell you why.

A book is

20

something that you will consume over time.

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It takes you a while to read a book, with

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regards to whether it's an hour or four

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hours.

24

you probably will not read it, if it's a

25

four-hour book, all at once, maybe even if

You will be looking at it.

You --

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Page 190
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Jacoby

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it's not an hour book.

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opportunities to look at the book.

4

You'll have many

This nowhere simulates that

5

situation, where you can pick it up, thumb,

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look:

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see what it says at the beginning, or you can

8

form an idea regarding who the publisher is.

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There's none of that here.

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I like the story.

Then go back and

There's handing

somebody for a brief study --

11

Hold on for a moment.

(Perusing

12

document) Yeah.

13

this is question F12.

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of the study I would like to show you a book

15

and ask you a few questions," period. Well,

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"To do this I need to take you to our

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interviewing room.

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book.

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it." You're going to have time to look at

20

that book and examine that book as you would

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after a sale (sic).

22
23

For the second part of -"For the second part

I'm going to give you a

I'm going to ask a few questions about

THE COURT REPORTER:

"You will" or

"you wouldn't"?

24

THE WITNESS:

Would not.

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(Discussion off the record.)

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