Polaris IP, LLC v. Google Inc. et al

Filing 585

Additional Attachments to Main Document: 583 Response to Motion.. (Attachments: # 1 Affidavit Wiley Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Wiley, Elizabeth)

Polaris IP, LLC v. Google Inc. et al

Doc. 585 Att. 5

EXHIBIT D

Dockets.Justia.com

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- vs -

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

BRIGHT RESPONSE, LLC F/K/A POLARIS IP, LLC Plaintiff

2:07-CV-371-TJW-CE

GOOGLE, INC., ET AL Defendants

Deposition of AMY RICE taken in accordance with the Federal Rules of Civil Procedure at the Ethan Allen Hotel, 21 Lake Avenue Extension, Danbury, Connecticut, before Meghan M. English, LSR, a Licensed Shorthand Reporter and Notary Public, in and for the State of Connecticut on Friday, March 19, 2010, at 9:09 a.m.

MEGHAN M. ENGLISH, LSR LSR NO. 211

Job No: 244411
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A P P E A R A N C E S: ON BEHALF OF THE PLAINTIFF: DAVID A. PRIDHAM, ESQUIRE LAW OFFICE OF DAVID M. PRIDHAM 207 C North Washington Avenue Marshall, Texas 75670 214-438-0829 Facsimile 903-938-7404 ON BEHALF OF THE DEFENDANT - GOOGLE: DAVID A. PERLSON, ESQUIRE QUINN EMANUEL URQUHART OLIVER & HEDGES LLP 50 California Street, 22nd Floor San Francisco, California 94111 415-875-6600 Facsimile 415-875-6700 ON BEHALF OF THE DEFENDANT - YAHOO: JASON C. WHITE, ESQUIRE HOWREY 321 North Clark Street Suite 3400 Chicago, Illinois 60654 312-846-5680 Facsimile 312-602-3986 ALSO PRESENT: VINCENZO PETULLA - VIDEOGRAPHER

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BY MR. PERLSON: Q

MR. WHITE:

Jason White from Howie,

representing defendant Yahoo!

AMY RICE, having first been duly sworn was deposed and testified as follows:

DIRECT EXAMINATION

Good morning, Ms. Rice.

Can you state and

spell your name for the record, please. A Q A Q A Q Amy Rice, A-M-Y, R-I-C-E. And Ms. Rice, where do you live? Ridgefield, Connecticut. Ms. Rice, have you ever been deposed before? No. Well, first of all, let me introduce myself. I am an attorney for defendants Google And today I am going to be taking

I am David Perlson. and AOL in this case.

your deposition, asking you a series of questions, for which I will be trying to elicit a series of answers. I will try

to be as clear as I can when asking questions; but if I am not clear, would you please let me know so that I can try and make my question more clear? A Q Yes. That leads us to another thing, since we have
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Yes?

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deployed in the first quarter of 1996 was false? MR. PRIDHAM: THE WITNESS: it was false. BY MR. PERLSON: Q Now you mentioned before that -- but, sitting Object to form. I didn't tell anyone that

here today, you do believe it's false? A Q It is. And the -- did you write this sentence or did

Miss Hsu write this sentence in this article? A effort. Q A Q A manager. Q A Q A manager. The sentence was a group effort? No. The abstract. I don't remember. But I think it was a group

And the group being you and Miss Hsu? No, no, the group was: That's all I know. And your manager was Phil Klahr? No. He was not my manager. Me, Julie, my

Who was your manager? At the time, let's see, I think it was my Oh, I can't remember. I can give you a bunch of

names, but I can't remember which one. Q remember.
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Why don't you give me the names that you do

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A Q A Q A Q A Q A

There was Akshay Gupta. How do you spell the first name? A-K-S-H-A-Y. And who else? Terry Whearley. Whearley? Yeah. W-H-E-A-R-L-E-Y.

Anyone else? I can't remember who was in what role. I am trying to remember. He was in sales. He was more or I

think there was one other. Dan Welch. less the salesperson. Q

I don't think he even read this.

Did you inform any of the people you have

just mentioned that the sentence was false? A Q No. You said that Mr. Klahr had communications

with Mr. Senator regarding the timing of deployment of the EZ Reader; is that right? A Q I don't understand that question. Okay. Well, you had said that there was some

waiver obtained between Mr. Klahr and Mr. Senator? A Q Yes. So wouldn't that -- would that have

necessarily involved a disclosure from one to -- some discussion between them of the date of deployment of the EZ
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