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)

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EXIDBIT 13 1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF NEW YORK 3 4 - - 5 J.T. COLBY & COMPANY, INC. 6 d/b/a/ BRICK TOWER PRESS, 7 J. BOYLSTON & COMPANY, 8 PUBLISHERS, LLC and 9 X IPICTUREBOOKS, LLC, 10 Plaintiffs 11 v. 12 Case No.: APPLE, INC. , 13 11-CIV4060 Defendant 14 - - - X 15 16 Deposition of Richard S. Goldhor, Ph.D. 17 18 Tuesday, January 31, 2012 19 9:58 a.m. 20 21 Goodwin Procter, LLP 22 53 State Street 23 Boston, Massachusetts 24 Reported by: Deborah Roth, RPR/CSR 25 Job # 45894 TSG Reporting- Worldwide 877-702-9580 Page 68 1 2 3 Q. What was your involvement with the consent agreement? A. Well, the whole process took a fair 4 amount of time, so it varied as we went 5 through the process. 6 the attorney representing Apple originally 7 contacted. 8 story behind it, but ... I was the person that There's sort of a whole complex 9 Q. Why did they contact you? 10 A. They said that they had -- well, I 11 should explain that the attorney called up and 12 simply said that he was a trademark attorney, 13 and that he had a client who thought that they 14 might be interested in the name ibook and had 15 noticed that we had the trademark and it 16 didn't appear that we were necessarily doing a 17 lot with it, and that they would be happy to 18 pay a bit of money if we wanted to get it off 19 of our hands, and I said thanks, but no 20 thanks. 21 this that I got and, you know, the attorney 22 said well, our client is really interested 23 and, you know, it might be a good way to earn 24 25 And there were a couple calls like or so. So I checked with Brian and TSG Reporting- Worldwide 877-702-9580 Page 69 1 confirmed that he wasn't interested, and 2 throughout all of this the attorney had not 3 mentioned who his client was, but seemed 4 surprised that the monetary offers that he had 5 made hadn't really swayed us at all. 6 So I finally went so far as to say 7 well, you have to understand that the real 8 owner of this trademark is a high net worth 9 individual and has plans for it and is really 10 not interested in giving away any of the 11 rights. 12 oh. 13 And at that point he sort of said, And it gradually came out, and all 14 these calls were to me. 15 the contact name probably with the Patent and 16 Trademark Office, and just as he hadn't 17 mentioned his client's name, I hadn't 18 mentioned who the people behind Family Systems 19 were. 20 he called me that it was in Isle of Man 21 Company, so it was not possible to get much 22 information. 23 I think that I was He obviously found out or knew before And at some point, I think before he 24 named his client, those of us at Family 25 Systems began to wonder whether this might be TSG Reporting- Worldwide 877-702-9580 Page 70 1 Apple. 2 finally 3 him well, this conversation just is not going 4 to move forward at all, you know, until you 5 tell us who your client is. 6 So there was some speculation and it and as I recall, I finally said to And I also had been saylng all 7 along, you know, he kept saying well, what do 8 you want, and I said well, mostly we want you 9 to go away and leave us alone. 10 We're happy with things the way they are. 11 So finally it carne out that it was 12 Apple, and then the serious negotiations 13 began. 14 plans and various monetary offers went back 15 and forth that sort of differed by three or 16 four orders of magnitude, depending upon which 17 direction they were going in. 18 Apple said that they had some product Brian made all the decisions, as 19 Brian always did, and it finally turned out 20 that there was this agreement that was worked 21 out. 22 done formally is that Apple and Family Systems 23 jointly sent a letter, affidavit or whatever 24 it is, to the Patent and Trademark Office 25 saying, you know, there is no problem here. As I recall, the way that it sort of was TSG Reporting- Worldwide 877-702-9580 Page 71 1 Apple is going to use it for one purpose and 2 we're going to use it for another purpose. 3 4 Q. Was there a payment involved from Apple to Family Systems? 5 A. I was told that there was. 6 Q. Do you know the amount? 7 A. I was told it was 8 Q. Did the agreement with Apple change the 9 10 way Family Systems used the ibook mark? A. Not in any significant way. I think 11 that part of agreement was that we would put a 12 link our websites and so on pointing people 13 saying, if you're interested in this kind of 14 an ibook, go here and that would be a link to 15 the Apple site. 16 It seems to me that there may have 17 been an agreement the other way around, but 18 I'm not sure about that. 19 it really 20 ibook was different from Family Systems ln a 21 way that could be described, and so we 22 continued to do what we were doing and they 23 carne out with their product. 24 25 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 TSG Reporting- Worldwide 877-702-9580

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