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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EXHIBIT9
CONTAINS HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY PORTIONS BOUND SEPARATELY
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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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Case No. 11-CIV4060 (DLC)
vs.
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APPLE, INC.,
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Defendant.
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HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
Attorneys' Eyes Only Confidential Pages 300 - 302
VIDEOTAPED DEPOSITION OF THOMAS LA PERLE
30 (b) ( 6) Capacity
Redwood Shores, California
Wednesday, September 19, 2012
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Reported by:
LORRIE L. MARCHANT, CSR No. 10523
RPR, CRR, CCRR, CLR
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i
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JOB NO. 53418
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I am simply asking what was that work?
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MS. CENDALI:
And without revealing the
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privilege, you can generally talk about the general
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servlces you provided.
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THE WITNESS:
So I would have asked outside
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counsel to -- well, internally I would obtain
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information about what the product would be, then I
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would ask outside counsel to conduct trademark
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clearance work on that product.
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THE REPORTER:
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THE WITNESS:
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THE REPORTER:
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BY MR. CHATTORAJ:
To conduct?
Trademark clearance work.
Thank you.
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Q.
On that product?
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A.
On the product name.
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Q.
When was that?
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A.
Well, that's, I think, part of the
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confusion of your earlier question.
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that -- I said I was not sure when I started that.
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And it's possible it was in 2009.
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don't know when we started the work for that.
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Q.
I did not say
I don't -- I
Is it fair to say that the first time you
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heard of this eReader application was in connection
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with doing your trademark work on it?
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A.
Yes.
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Q.
And you testified earlier that may have
been late 2009?
A.
Correct, but I'm not -- I don't -- sitting
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here right now,
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2009 or 2010.
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Q.
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that time?
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A.
I don't know the -- whether that was
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iBooks was not the first name that was
considered.
Q.
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Was the name "iBooks" being considered at
What was the name that was considered?
MS. CENDALI:
Without waiving any
privilege, you can answer that question.
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THE WITNESS:
It was
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BY MR. CHATTORAJ:
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Q.
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A.
Correct.
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Q.
Was a decision at some point made not to
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use the
name?
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A.
Yes.
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Q.
Who made that decision?
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MS. CENDALI:
Just a name.
Are you not sure about a
privilege issue?
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THE WITNESS:
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BY MR. CHATTORAJ:
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Q.
You know,
Well
just for the record,
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question pending.
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please read the question back.
Madam Court Reporter, can you
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(Discussion off the record.)
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(Record read as follows:
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"Q
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to use the
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"A
Yes.
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"Q
Who made that decision?
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MS. CENDALI:
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name?
Just a name.")
And without waiving any
privilege, he can answer as to a factual matter.
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Was a decision at some point made not
THE WITNESS:
that decision.
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I believe Steve Jobs made
Subject to our trademark clearance.
BY MR. CHATTORAJ:
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Q.
You -- I just want to make sure I
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understand your testimony.
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made that decision subject to your trademark
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clearance?
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A.
You said that Steve Jobs
So he decided that he did not want to go
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with
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And we were doing trademark clearance for that.
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and wanted us to look at "iBooks."
Q.
So in what way was Mr. Jobs' decision
subject to your trademark clearance?
A.
Well, your question was did someone -- who
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made the decision to look into -- this is how I
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interpreted your question:
Who made the decision to
TSG Reporting- Worldwide
877-702-9580
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