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)

EXHIBIT G

CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 193

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

No. 11-cv-4060

APPLE, INC.,
Defendant.
-----------------------------x
CONFIDENTIAL
ATTORNEYS' EYES ONLY
VIDEOTAPED DEPOSITION OF
30(b)(6) JOHN T. COLBY, JR.
New York, New York
Wednesday, July 18, 2012

Reported by:
Jennifer Ocampo-Guzman, CRR, CLR
Ref: 7845
TransPerfect Legal Solutions
212-400-8845 - [e-mail]

CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 196
1
2
3

Confidential-Attorneys' Eyes Only-Colby
that's what it says.
Q.

And similar to Exhibit A and

4

Exhibit B, only zeros are listed for

5

advertising and marketing expenditures,

6

correct?

7
8
9

A.

Those are our expenditures, that's

correct.
Q.

What damages do you claim

10

plaintiffs have suffered as a result of

11

Apple's alleged actions?

12

MR. CHATTORAJ:

13

A.

Objection.

The Apple's share of eBook space is

14

not open to our list.

The emerging of

15

Apple's iBooks authors, author program, is

16

not conducive to the quality of our iBooks

17

author list, which is a high quality list of

18

authors.

19

marketplace from my agents, my authors, my

20

iBooks authors, my distributors, not

21

understanding a relationship between me as

22

the owner of the iBooks mark and Apple's

23

exploitation of iBooks on an iPad platform.

So I'm getting confusion in the

24

Q.

Anything else?

25

A.

Probably, but I can't think of it

TransPerfect Legal Solutions
212-400-8845 - [e-mail]