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)

EXHffiiT51

From:
To:
CC:
BCC:
Subject:
Sent:
Attachments:

Taylor, Brewster([e-mail])
Lupo, Anthony
Brian Reynolds
RE: Agreement
01/26/2010 10:29:05 PM 0000 (GMT)

Tony
The figure of
is an estimate that is already substantially less than what is believed to be the value of the rights to Apple. In the
absence of information which would show that
is high, that is the figure arrived at by our client. Our client is also concerned
by the waiver of rights it would otherwise have under California law. If our client is being asked to project an asking price under these
circumstances,
is the figure.
Brewster

Brewster Taylor
Stites & Harbison, PLLC
1199 N. Fairfax Street
Suite 900
Alexandria, Virginia 22314
Direct dial (703)837 -3906
Fax [phone]
[e-mail]
NOTICE: This message is intended only for the addressee and may contain information that is privileged, confidential
and/or attorney work product. If you are not the intended recipient, do not read, copy, retain or disseminate this message
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From: Lupo, Anthony [mailto:[e-mail]]
Sent: Tuesday, January 26, 2010 5:12 PM
To: Taylor, Brewster
Subject: Re: Agreement
Brewster
I am a little confused on what brian needs. What do you mean information on which you can base the amount of payment requested
and requires a waiver

From: Taylor, Brewster <[e-mail]>
To: Lupo, Anthony
Cc: Brian Reynolds <[e-mail]>
Sent: Tue Jan 26 17:06:51 2010
Subject: RE: Agreement
Tony
Our client's position is that if Apple does not provide it with information on which it can base the amount of payment requested and
requires a waiver, it will stay with the
dollar figure.
Brewster

Brewster Taylor
Stites & Harbison, PLLC
1199 N. Fairfax Street
Suite 900

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Alexandria, Virginia 22314
Direct dial (703)837 -3906
Fax [phone]
[e-mail]
NOTICE: This message is intended only for the addressee and may contain information that is privileged, confidential
and/or attorney work product. If you are not the intended recipient, do not read, copy, retain or disseminate this message
or any attachment. If you have received this message in error, please call the sender immediately at [phone] and
delete all copies of the message and any attachment. Neither the transmission of this message or any attachment, nor any
error in transmission or misdelivery shall constitute waiver of any applicable legal privilege.

From: Lupo, Anthony [mailto:[e-mail]]
Sent: Tuesday, January 26, 2010 4:51 PM
To: Taylor, Brewster
Subject: Re: Agreement
Thanks Brewster. Should I tell apple you guys are sticking at

From: Taylor, Brewster <[e-mail]>
To: Lupo, Anthony
Cc: Brian Reynolds <[e-mail]>
Sent: Tue Jan 26 16:47:53 2010
Subject: Agreement
Tony
The following provisions relate to paragraphs 2 and 6. Besides working towards agreement on payment, part of moving the process
forward would be either for you to prepare a new draft based on these points and the points raised in my earlier e-mail or comment on
all of these points so that I can take them into consideration in preparing a new draft.

Payment shall be made to Family by wire transfer from Apple of

Bank Name:
ABA Transit #:
Account#:
Beneficiary:
Reference:
SWIFT CODE:

U.S. dollars to:

Citibank N.A., 111 Wall Street, New York, N.Y
021000089
A/C #:
First Global Bank Ltd., 2-848 Barbados Avenue, Kingston 5,
Jamaica
For further credit to ale#
i.n.o. Family Systems Limited.
CITIUS33

The wire transfer advice (instructions) shall indicate at least "Payment By Apple, Inc., To Family Systems Limited ofFiv
Dollars" and the wire transfer information provided aboAdditionally, Apple shall notify Family when the wire transfer ha
initiated and provide adequate support and information that the wire transfer can be confirmed by FliJnily<ire transfer will
not be considered to have been completed until the full value of
posts in aforementioned ale#
available to Family.
Phase-Out Period. Family shall have three months from the Effective Date of this Agreement to phase out its use ofiBOOK and its web
sites under the registered domain name ibook.com and host names containing ibook.com. Family agrees to include on its
ibook.com web sites a notice that the IBOOK marks and registered domain names have been transferred in a sale to Apple and will be
replaced. The parties agree that the provisions of Section 5 do not apply to materials which have been created and distributed by
Family prior to the end of the phase-out period or to any third party references to Family or its use or registration of IBOOK and further
agree that in the event that Apple discovers or is notified of any apparent use of IBOOK by Family subsequent to the end of the phaseout period, it shall notify Family in writing and Family shall have thirty (30) business days from receipt of notification to cure any use of
IBOOK which is under its control by ceasing such use. Any dispute arising out of or relating to the terms of this Section 6 that cannot

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APPLE-IBOOKS0023640

be settled by good faith negotiation between the parties will be submitted to J.A.M.S./Endispute for non-binding mediation as a
condition precedent to any civil action to enforce any rights or remedies available to the parties.
LIMITIATION OF LIABILITY FOR CONTRACT DAMAGES. Family shall not be liable to APPLE for any money damages ofany
kind or nature, whether legal, equitable or ancillary, regardless of whether any claimed damages are direct or
consequential, including but not limited to damages for lost profits or injury to commercial reputation, which arise out of or
relate to any breach or non -performance of this Section 6. APPLE waives and relinquishes any such claims, rights of
actio nand remedies and hereby agrees that its sole and exclusive remedy shall be for equitable relief enjoining any such
actionable breach

Brewster Taylor
Stites & Harbison, PLLC
1199 N. Fairfax Street
Suite 900
Alexandria, Virginia 22314
Direct dial (703)837 -3906
Fax [phone]
[e-mail]
NOTICE: This message is intended only for the addressee and may contain information that is privileged, confidential
and/or attorney work product. If you are not the intended recipient, do not read, copy, retain or disseminate this message
or any attachment. If you have received this message in error, please call the sender immediately at [phone] and
delete all copies of the message and any attachment. Neither the transmission of this message or any attachment, nor any
error in transmission or misdelivery shall constitute waiver of any applicable legal privilege.

IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that, unless expressly stated otherwise, any U.S. federal tax
advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding
penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that, unless expressly stated otherwise, any U.S. federal tax
advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding
penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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APPLE-IBOOKS0023641