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 8

Highly Confidential - Attorneys' Eyes Only

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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J.T. COLBY & COMPANY, INC.,
d/b/a BRICK TOWER PRESS,
J. BOYLSTON & COMPANY,
PUBLISHERS, LLC and
IPICTUREBOOKS, LLC,

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Plaintiff,
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vs.

Case No. 11-CIV4060 (DLC)

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APPLE, INC.,
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Defendant.
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HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY
VIDEOTAPED 30(b)(6) DEPOSITION OF STEVE GEDIKIAN
Redwood Shores, California
Thursday, September 27, 2012

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Reported by:
LORRIE L. MARCHANT, CSR No. 10523
RPR, CRR, CCRR, CLR

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JOB NO. 53421

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TSG Reporting - Worldwide

877-702-9580

Highly Confidential - Attorneys' Eyes Only
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MS. RAY: Kirkland & Ellis, as you know.
MR. CHATTORAJ: Which employee of Kirkland
& Ellis produced the document?
MS. RAY: I don't know.
MR. CHATTORAJ: Have you seen the document
yourself?
MS. RAY: I believe I have seen the
document, yes, if we're talking about the same one.
If you want to show it to me, I can tell you if I've
seen that document before.
Is this now my deposition?
MR. CHATTORAJ: I see that additional
documents were produced at 2:18 p.m. local time
today by Kirkland & Ellis. Are those documents
relevant to this deposition, Ms. Ray?
MS. RAY: I don't know what documents
you're referring to. If you want to print them out
and show them to me, I can take a look at them.
MR. CHATTORAJ: I can't because all I have
is the production letter. Apparently we're
receiving it tomorrow.
MS. RAY: Well, I don't know what they are.
I've been sitting in this deposition. I was not
producing documents to you at 2:18 local time.
MR. CHATTORAJ: Did you participate in the

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preparation of the documents?
MS. RAY: Unless I see them, I can't know
whether I did or not.
MR. CHATTORAJ: I am showing Counsel a
document, as she suggested.
And I ask you to verify. Is this the
document you're referring to (indicating)?
MS. RAY: I believe it is.
MR. CHATTORAJ: Okay. We'll print that out
and look at that after the next break.
BY MR. CHATTORAJ:
Q. Mr. Gedikian, is the iBooks software
application an interactive Web collaboration system?
A. It could be interpreted in that way, yes.
Q. How?
A. By interactive, when you open a document
with iBooks, you can interact with the contents of
that document. You can swipe through pages. You
can change the background. You can change the font
and point size. You can add commentary in the form
of notes and highlights. You can-- so, yeah. So in
those ways it is an interactive -- read the
description again.
Q. Interactive Web collaboration system.
A. Yeah. You could view it that way. For

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example, if my wife and I both had iBooks and were
using the same account, we could both be looking at
the same document and making such edits and changes
to them.
Q. Are you and your wife permitted by Apple's
terms of use to share the same account?
A. I don't know.
Q. Is it part of Apple's marketing
communications to the general public that they
should share iTunes accounts?
A. In my experience, when we talk about
"accounts," we talk about them in the context of one
account per person.
Q. So other than sharing iTunes accounts, are
there other ways in which this phrase, "interactive
Web collaboration systems," would apply to iBooks?
A. Well, the fact that I can also take the
highlights in the book and the commentary that I add
and share them with my friends or my wife via e-mail
or other mechanisms, I believe that is another
interpretation of how iBooks is an interactive
collaboration tool.
Q. So you're able to send e-mails from within
the iBooks application?
A. Yes. So if I type up a highlight -- or if

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TSG Reporting - Worldwide

I make a highlight and add a notation to it or a
passage or a comment or whatever, there is a way for
me to go and share that note directly from inside of
iBooks, which would bring up an e-mail form inside
of iBooks and send it.
In the same way that you can share photos,
for example, from the Photos app via an e-mail.
Q. In my experience of iOS, if I'm using the
Photos app or iBooks app or iTunes -- withdrawn.
When I'm using the iBooks app in iOS and
I -- I seek to e-mail a document, doesn't it open
the Mail app?
A. I don't believe that to be the case. I
believe a mail sheet -- an e-mail sheet comes up on
top of the app, at which point you can pick your
sender and subject and you can see the body of the
message that is pre-populated by iBooks, and then
you can send that message. And when you press send,
iBooks is still visible.
Q. But as a technical matter, is that mail -is that e-mail functionality -- withdrawn.
As a technical matter, does the e-mail need
to be sent by the e-mail client that's installed on
an iOS device?
A. As a technical matter, the e-mail sheet is

877-702-9580

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