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

Filing 74

DECLARATION of Claudia T. Bogdanos in Support re: 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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Chattoraj, Partha)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
____________________________________
J.T. COLBY & COMPANY, INC. d/b/a/
BRICKTOWER PRESS, J. BOYLSTON &
COMPANY, PUBLISHERS LLC and
IPICTUREBOOKS LLC,
Plaintiffs,
-againstAPPLE INC.,
Defendant.

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Case No. 11 Civ. 4060 (DLC)

DECLARATION OF CLAUDIA T. BOGDANOS
IN SUPPORT OF PLAINTIFFS’ MOTIONS TO EXCLUDE THE TESTIMONY
OF (1) DEFENDANT’S EXPERT WITNESS E. DEBORAH JAY AND
(2) DEFENDANT’S REBUTTAL EXPERT WITNESS STEPHEN M. NOWLIS
I, Claudia T. Bogdanos, pursuant to 28 U.S.C. § 1746, declare as follows:
1.

I am over 18 years old and I am competent to make this declaration based upon

my personal knowledge. I make this Declaration in support of Plaintiffs’ Motion To Exclude
The Testimony, Including Affidavits, Declarations, And Reports, Of (1) Defendant’s Expert
Witness E. Deborah Jay And (2) Defendant’s Rebuttal Expert Witness Stephen M. Nowlis, cited
in the accompanying memorandum of law.
2.

I am an attorney at Quinn Emanuel Urquhart & Sullivan, LLP. I am admitted to

the New York bar and am currently in good standing.
3.

Attached hereto as Exhibit A is a true and correct copy of excerpts from the Book

Survey Report of E. Deborah Jay in this matter, dated September 2012.
4.

Attached hereto as Exhibit B is a true and correct copy of excerpts from the

Expert Report of Stephen M. Nowlis in this matter, dated October 26, 2012.
1

5.

Attached hereto as Exhibit C is a true and correct copy of excerpts from the

transcript of the deposition of E. Deborah Jay in this matter, dated November 30, 2012.
6.

Attached hereto as Exhibit D is a true and correct copy of a Pew Research Center

Study entitled The Rise of E-Reading, by Lee Rainie et al. (2012).
7.

Attached hereto as Exhibit E is a true and correct copy of excerpts from the

transcript of the deposition of Mike Shatzkin in this matter, dated December 4, 2012.
8.

Attached hereto as Exhibit F is a true and correct copy of excerpts from the

Expert Report of Mike Shatzkin in this matter, dated October 24, 2012.
9.

Attached hereto as Exhibit G is a true and correct copy of excerpts from the

transcript of the deposition of Richard Freese in this matter, dated September 25, 2012.
10.

Attached hereto as Exhibit H is a true and correct copy of excerpts from the

transcript of the deposition of John T. Colby, Jr. in this matter, dated July 18, 2012.
11.

Attached hereto as Exhibit I is a true and correct copy of a letter from Bonnie L.

Jarrett to David Shaiman, dated December 20, 2012.
12.

Attached hereto as Exhibit J is a true and correct copy of excerpts from the

transcript of the deposition of Stephen M. Nowlis in this matter, dated December 14, 2012.
13.

Attached hereto as Exhibit K is a true and correct copy of excerpts from the

expert report of Susan Schwartz McDonald in this matter, entitled A Survey to Measure Potential
Source Confusion Associated with iBooks, dated September 17, 2012.

2

I declare under penalty of perjury under the laws of the United

States of America that the

foregoing is true and correct.
Executed this 21st day of December, 2012'

Claudia T. Bogdanos