FPX, LLC v. Google, Inc. et al

Filing 79

MOTION to Exclude the Expert Report and Opinion of Thomas J. Maronick and Brief in Support by AOL, LLC., Google, Inc., IAC/InterActiveCorp, MySpace, Inc., Turner Broadcasting System, Inc., YouTube, LLC. (Attachments: # 1 Declaration of Carl Butzer, # 2 Exhibit A to Declaration of Carl Butzer part 1, # 3 Exhibit A to Declaration of Carl Butzer part 2, # 4 Exhibit A to Declaration of Carl Butzer part 3, # 5 Exhibit A to Declaration of Carl Butzer part 4, # 6 Exhibit A to Declaration of Carl Butzer part 5, # 7 Exhibit A to Declaration of Carl Butzer part 6, # 8 Exhibit A to Declaration of Carl Butzer part 7, # 9 Errata A to Declaration of Carl Butzer part 8, # 10 Exhibit A to Declaration of Carl Butzer part 9, # 11 Exhibit A to Declaration of Carl Butzer part 10, # 12 Exhibit A to Declaration of Carl Butzer part 11, # 13 Exhibit A to Declaration of Carl Butzer part 12, # 14 Exhibit A to Declaration of Carl Butzer part 13, # 15 Exhibit A to Declaration of Carl Butzer part 14, # 16 Exhibit B to Declaration of Carl Butzer, # 17 Declaration of Itamar Simonson, # 18 Exhibit 1 to Declaration of Itamar Simonson, # 19 Text of Proposed Order)(Babcock, Charles)

FPX, LLC v. Google, Inc. et al

Doc. 79 Att. 3

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my knowledge, no, they were not. Q. I take it then that no documents

have been withheld from production; is that true? A. Q. That's correct. And is it also accurate that no

documents that were sought have been destroyed or destroyed in any manner? A. Q. Not to my knowledge, no. Generally speaking, what does your

file on this case, this matter, consist of? A. The Complaint, or Amended Copies of

Complaint, I can't remember which.

the printouts of the survey questionnaires and the results of the surveys and then a page that had -- the retainer agreement was in there, the -- on the last page of every folder that I have I have a list of the times that I worked on the matter and the hours that I worked on it, so that was also in there. Q. A. Q. Anything else in your file? Not that I can think of. Have you produced all documents

that you relied upon in preparing for this case? A. Yes, to the best of my knowledge.
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Q. knowledge? A.

When you say to the best of your

There are a couple documents that

I generally relied on as opposed to specifically relied on. My general knowledge on McCarthy on I understand

trademarks and Sherri Diamond.

that I didn't produce those because certainly all law firms would have those. Q. All right, sir. Indeed yesterday

counsel for the Plaintiff provided a written response to the Deposition Exhibit Number 1 and I believe in that response indicated that one of the documents were treatises that you rely upon is McCarthy's treatise on trademarks; is that right? A. Q. That's correct. And do you recognize that

McCarthy's treatise as authoritative as it pertains to trademarks? A. It certainly is, but the part I

relied on was the survey research part of it. Q. What part would that be within the

McCarthy treatise? A. I don't recall the chapter, but

there is a chapter that deals with survey

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research and that's the only chapter I'm if many with. Q. A. Q. Is that by chance chapter 32? I don't recall. Regardless of what chapter number

it is, that is the one chapter in McCarthy that you recognize as authoritative with respect to the work you've done in this case? 1 A. Q . That's correct. All right. Then I think you also

made reference to another document or source of materials that you relied on and that's Sherri Diamond's Reference Guide on Survey Research; is that correct? A. Q. Yes. And when is the last time you

reviewed that material? A. Oh, it's been a number of months

since I specifically reviewed it. Q. take it you did not review it in

your work in this case? A. Q . That's correct. Same thing with respect to the Since you were retained in

McCarthy treatise.

this case did you have occasion to review the
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15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 research, yes. BY MR. MORAN: Q. As to survey research, yes. Are there any aspects of her work that you do not recognize as authoritative? A. Q. Not that I can think of. All right, sir. Have you relied BY MR. MORAN: Q. bear with me. Do you recognize Sherri Diamond's Reference Guide on Survey Research as authoritative with respect to your work in this case? MR. FENSTER: Object to the form. THE WITNESS: As to the survey I may have asked you this, but McCarthy treatise materials that you relied upon? A. No, I did not. MR. FENSTER: Dr. Maronick, let me caution you because we have the court reporter, it will help if you pause and make sure that Mr. Moran finishes his question before answering. THE WITNESS: Yes.

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years, as I understand it; right? A. Q. That's correct. Was there anything about this

sampling or the work that you did here different from the Internet surveys you've done in the past? A. Q. No, not that I can think of. All right. Have you had any other
M

communications with anyone other than C &

Marketing and your counsel with respect to your work in this case? A. Q . Number 2. A. No, I have not. Before you is a copy, Exhibit Do you see that, sir? Yes. (Maronick Exhibit Number 2 was marked for identification.) BY MR.
MORAN:

Q .

Take a moment to review that

document and confirm that that, in fact, is a copy of your expert report in this case? A. Q. Yes, it is. Thank you. Does this appear to be an accurate copy of your work in this case in your report?

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