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

Filing 174

DECLARATION of Todd Anten in Support 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 Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Chattoraj, Partha)

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EXHIBIT E Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------X JT COLBY AND COMPANY, INC., D/B/A BRICK TOWER PRESS, J. BOYLESTON AND COMPANY PUBLISHERS, LLC, AND IPICTUREBOOKS, LLC, Plaintiffs, -against- Index No. 11-CV-4060(DLC) APPLE, INC., Defendant. -------------------------------------X VIDEOTAPED DEPOSITION OF SUSAN SCHWARTZ MCDONALD New York, New York December 12, 2012, 9:56 a.m. Reported By: Nicole Sesta Ref: 8606 TransPerfect Legal Solutions 212-400-8845 - depo@transperfect.com Page 75 1 S. Schwartz McDonald 2 web surfing. 3 much discussed in the marketing world. 4 Q But Apple, as I told you, is much, And what did you do other than 5 read the complaint to investigate plaintiffs' 6 business before forming your expert opinions? 7 MR. RASKOPF: 8 the form of the question. 9 A Objection to What I know -- most of what I know 10 about plaintiffs' business, I think, has been 11 articulated in the complaint, at least what is 12 relevant. 13 do for a living has to be credited with the 14 mental agility to interpolate and extrapolate 15 based on that fact pattern, that a company that 16 is in the business of publishing iBooks, a 17 company that has a significant digital library, 18 a company who, in the end, whose survival, like 19 all book publishers, is going to depend upon 20 their presence in the digital space, that they 21 and a mega brand called iBooks from Apple are 22 going to collide in that space. 23 Q And I think someone who does what I What -- did you do any 24 investigation to test whether the allegations in 25 plaintiffs' complaint were actually true? TransPerfect Legal Solutions 212-400-8845 - depo@transperfect.com

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