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 7
Page 1
1
IN THE UNITED STATES DISTRICT COURT
2
SOUTHERN DISTRICT OF NEW YORK
3
4
5
J.T. COLBY, INC., et al.,
6
Plaintiffs,
7
vs.
8
APPLE, INC.,
CASE No.
9
11-CIV-4060
Defendants.
___________________________/
10
11
12
13
VIDEOTAPED DEPOSITION OF LISA WIDUP
14
REDWOOD SHORES, CALIFORNIA
15
FRIDAY, SEPTEMBER 21, 2012
16
17
18
19
20
21
BY:
22
CSR LICENSE NO. 9830
23
JOB NO. 53419
ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
24
25
TSG Reporting - Worldwide
877-702-9580
Page 210
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
allegation that Apple was using the IBOOKS trademark
in connection with the use in commerce of computer
software used to support and create interactive
user-modifiable electronic books in Class 9?
A Well, as you just talked about, it's hard to
read the specimen. But I do remember preparing it,
and I know what it is. And like I think I said, that
it was a screen shot from the App Store showing the
iBooks software available for download.
So, you know, if you're asking me what was
my -- the facts for my basis to say that it was in use
in commerce, the iBooks software does a lot of things.
It allows users to take an ePub file or
whatever sort of electronic book file, and then create
an electronic book that then you can then read on your
iPad or on your iPhone through the iBooks software.
It allows users to modify the book, interact with the
book. They can highlight it. They can change the
font. They can change the background to make it more
readable.
They can highlight words to say, "Okay, I -you know, I don't know that word." And if you, you
know, hold your finger on it, it pops up a thesaurus
or a dictionary and pops you out to another
application, where it will tell you what the word
Page 211
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
means.
So, I mean, that's the software that Apple
was using when I filed the Section 8 and 9, or that's
the software that it was providing under the IBOOKS
mark, to be more accurate.
Q You just testified that the iBooks software
allows users to take an ePub file or whatever sort of
electronic book file and then create an electronic
book that you can then read on your iPad or on your
iPhone through the iBooks software.
What did you mean when you said it allows the
users to create an electronic book that you can then
read on your iPad or on your iPhone through the iBooks
software?
A Well, I mean, you know, a computer file is
not a book; right? So the software lets you open up
that computer file so you can then read the book. And
then you've got a book now you can read, an electronic
book.
Q So because the software allows the user to
read a computer file as an electronic book, that -that's the basis for your allegation that the use of
iBooks is in connection with computer software used to
support and create interactive user-modifiable
electronic books?
Page 212
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
MS. CENDALI: Objection.
THE WITNESS: That's part of the reason.
MR. CHATTORAJ: Q. That's one of the
reasons?
A Yeah.
Q It sounds like another reason was that users
were able to highlight text in the books?
A That's one of the features that I was
thinking about.
Q Another reason is that users were able to
look up words, like, in a dictionary by tapping on a
word; right?
A Uh-huh, uh-huh.
Q Anything else?
A Just the things I mentioned earlier, you
know, changing the font and changing the background to
make it easier to read.
You know, the iBooks -- if -- if we could
read the specimen better, I could tell you all the
things that it says.
But I can even see that, you know, if you
click that "More" button that -- you know, or that
text that's in the specimen when you're inside the App
Store, it brings down a whole list of all the
descriptions of all of the features and everything.
Page 213
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
TSG Reporting - Worldwide
But it wasn't in this specimen.
I think when -- you know, when I filed the
Statement of Use or the Amendment to Allege Use, I
created a different specimen that did give you all the
features that were available at the time. And then,
you know, we could read that and look at that.
But that's not the time period you're asking
about, so...
Q Are you referring to the document that you
filed on March 13th, 2012, which was marked as Widup
Exhibit 6?
A Yes. So if you look at the last page, which
is the same as the third-to-last page, I guess, it's
the one that shows iBooks 2, so it was the second
version of the iBooks software.
So it's not identical to what the specimen
was I had used when I filed the 8 and 9, but it's -Q When was iBooks 2 -A -- to give you an idea of what the
description would have looked like.
Q Pardon my interruption.
Did you have anything else to say?
A No.
Q When was iBooks 2 released?
A I'm going to -- I don't know for sure, but
877-702-9580
54
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?