J.T. Colby & Company, Inc. et al v. Apple, Inc.
Filing
89
DECLARATION of Partha P. Chattoraj in Support re: 87 MOTION for Partial Summary Judgment.. Document filed by Ipicturebooks LLC, J.Boyston & Company, J.T. Colby & Company, Inc., Publishers LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 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, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90)(Chattoraj, Partha)
EXIDBIT 13
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF NEW YORK
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J.T. COLBY & COMPANY, INC.
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d/b/a/ BRICK TOWER PRESS,
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J. BOYLSTON & COMPANY,
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PUBLISHERS, LLC and
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IPICTUREBOOKS, LLC,
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Plaintiffs
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v.
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Case No.:
APPLE, INC. ,
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11-CIV4060
Defendant
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Deposition of Richard S. Goldhor, Ph.D.
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Tuesday, January 31, 2012
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9:58 a.m.
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Goodwin Procter, LLP
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53 State Street
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Boston, Massachusetts
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Reported by: Deborah Roth, RPR/CSR
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Job # 45894
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Q.
What was your involvement with the
consent agreement?
A.
Well, the whole process took a fair
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amount of time, so it varied as we went
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through the process.
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the attorney representing Apple originally
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contacted.
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story behind it, but ...
I was the person that
There's sort of a whole complex
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Q.
Why did they contact you?
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A.
They said that they had -- well,
I
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should explain that the attorney called up and
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simply said that he was a trademark attorney,
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and that he had a client who thought that they
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might be interested in the name ibook and had
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noticed that we had the trademark and it
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didn't appear that we were necessarily doing a
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lot with it, and that they would be happy to
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pay a bit of money if we wanted to get it off
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of our hands, and I said thanks, but no
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thanks.
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this that I got and, you know, the attorney
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said well, our client is really interested
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and, you know, it might be a good way to earn
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And there were a couple calls like
or so.
So I checked with Brian and
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confirmed that he wasn't interested, and
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throughout all of this the attorney had not
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mentioned who his client was, but seemed
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surprised that the monetary offers that he had
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made hadn't really swayed us at all.
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So I finally went so far as to say
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well, you have to understand that the real
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owner of this trademark is a high net worth
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individual and has plans for it and is really
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not interested in giving away any of the
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rights.
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oh.
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And at that point he sort of said,
And it gradually came out, and all
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these calls were to me.
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the contact name probably with the Patent and
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Trademark Office, and just as he hadn't
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mentioned his client's name, I hadn't
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mentioned who the people behind Family Systems
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were.
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he called me that it was in Isle of Man
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Company, so it was not possible to get much
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information.
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I think that I was
He obviously found out or knew before
And at some point, I think before he
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named his client, those of us at Family
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Systems began to wonder whether this might be
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Apple.
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finally
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him well, this conversation just is not going
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to move forward at all, you know, until you
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tell us who your client is.
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So there was some speculation and it
and as I recall,
I finally said to
And I also had been saylng all
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along, you know, he kept saying well, what do
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you want, and I said well, mostly we want you
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to go away and leave us alone.
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We're happy
with things the way they are.
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So finally it carne out that it was
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Apple, and then the serious negotiations
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began.
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plans and various monetary offers went back
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and forth that sort of differed by three or
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four orders of magnitude, depending upon which
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direction they were going in.
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Apple said that they had some product
Brian made all the decisions, as
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Brian always did, and it finally turned out
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that there was this agreement that was worked
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out.
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done formally is that Apple and Family Systems
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jointly sent a letter, affidavit or whatever
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it is, to the Patent and Trademark Office
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saying, you know, there is no problem here.
As I recall, the way that it sort of was
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Apple is going to use it for one purpose and
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we're going to use it for another purpose.
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Q.
Was there a payment involved from Apple
to Family Systems?
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A.
I was told that there was.
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Q.
Do you know the amount?
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A.
I was told it was
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Q.
Did the agreement with Apple change the
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way Family Systems used the ibook mark?
A.
Not in any significant way.
I think
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that part of agreement was that we would put a
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link our websites and so on pointing people
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saying, if you're interested in this kind of
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an ibook, go here and that would be a link to
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the Apple site.
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It seems to me that there may have
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been an agreement the other way around, but
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I'm not sure about that.
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it really
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ibook was different from Family Systems ln a
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way that could be described, and so we
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continued to do what we were doing and they
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carne out with their product.
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Q.
But other than that,
it was, in fact, Apple's use of
Is it your understanding that the
payment was for Family Systems to
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