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

Filing 85

DECLARATION of Jennifer L. Barry in Support re: 83 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Robert T. Scherer.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1 (REDACTED), # 2 Exhibit 2 (REDACTED), # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Cendali, Dale)

EXHIBIT 4

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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,
Plaintiffs,
vs.

No. 11-cv-4060 (DLC)

APPLE, INC.,
Defendant.
-----------------------------X

November 6, 2012
10:16 a.m.

Videotaped deposition of SIEGRUN
KANE, ESQ., held at the offices of
Kirkland & Ellis LLP, 601 Lexington
Avenue, New York, New York, pursuant to
Agreement, before Theresa Tramondo, a
Notary Public of the State of New York.

Job No: 27809

55
S.D. Kane

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you're asking me, yes.
Q.

So my question to you, the answer

is correct, right?
MS. CENDALI:

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Objection.

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A.

I'm sorry, I lost your question.

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Q.

You essentially accepted the

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trademark assignment document at face value?
A.

Well, my report was not meant to be

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an evaluation of the validity of the

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assignment.

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wasn't meant to be an opinion on the validity

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of the assignment.

This was -- so this sentence

My report was, as I've mentioned

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before, focused on what the -- what Apple

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submitted to the PTO and the --

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Q.

You took it as a given that the

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trademark was validly assigned from Family

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Systems to Apple in --

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A.

I did not reach a determination.

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Q.

-- in your report?

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A.

I did not -- no, no, I did not

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reach a determination.

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issue -- review that issue, as an expert.

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Q.

I did not view that

Did you tell Apple that you could
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