John Beck Amazing Profits, LLC v. Google Inc. et al

Filing 61

MOTION to Exclude the Expert Report and Opinion of Thomas J. Maronick and Brief in Support by AOL LLC, Google Inc.. (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 Exhibit 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)

John Beck Amazing Profits, LLC v. Google Inc. et al

Doc. 61 Att. 11

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with the iPAD; right? A. Q. Yes. And then they were asked question

number 11, who makes the iPAD, but we don't see the results from your survey on page 50; right? A. Q. That's correct. But regardless how they answered

that question 11, they continued on and answered questions 12, A. Q. 13 and 14; is that your testimony? Yes. Well, given that 90 of them had

answered that they were familiar with the iPAD why did you ask them question 11 about who made it? A. Q. 13. Just to confirm it. Now, let's go to question number Do

Let's go back to page 33 of Exhibit 2.

you have that? A. Q. A. Q. right? A. Q. That's correct, yes. When you were writing this Question number? 13. Yes. It's on page 14 of the survey;

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question and submitting this question to the respondents did you assume that a consumer could or could not buy an iPAD on Bob's Electronic Mart if that person clicked through that link? A. I didn't assume anything. I mean

I just asked them the question. The question isn't what I think they can or can't -- again, this is a hypothetical. And so my question was really what did they think, whether they could. So it's not a question of what I assumed or didn't assume. Q. And the company, Bob's Electronic Mart, is entirely hypothetical, it's fictional, it doesn't really exist; right? A. Q. That's correct, yes. Now, up in question 12 that's also

hypothetical, right? For purposes of question 12, apple.com is supposed to be hypothetical or fictional as well; true? A. Again, but it's realistic. I

mean, it's hypothetical but, yes, I expect there is an apple.com website. Realistically I'm familiar with the Apple, with the iPAD. It's made by Apple, here's the apple.com as a link, a sponsored link.
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Q.

And when they answered question

number 3 though, they weren't asked the question, do you ever use an Internet search engine when making airline reservations? And

specifically making the respondent choose which of those three in my example they would have used; true? A. Q. That's correct. All we know is that to answer

question number 3 you had to have at least 200 people say they had used Google; right? A. Q. That's correct. And question number 3 does not ask

whether or not the respondents used the Internet to purchase Southwest Airlines tickets; does it? A. No. Question 3 asked, do you ever

use Internet search engines when making airline reservations. Question 4 asks about have you ever flown on Southwest Airlines. So this is really using Internet search engines when making reservations. Q. Right. So back to question 3,

we'll get to 4 and 5 in a second. I just want to be clear that
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question 3 does not ask the respondents whether they used an Internet search engine to purchase or make reservations on Southwest Airlines; true? A. Q. That's correct. And, furthermore, that same

question, you do not ask in question number 3 whether or not the user used Google to purchase or make Southwest Airlines reservations in question 3; true? A. That's correct. I know that they

do use Google as a search engine. Q. number 2? A. Q. Yes. But you don't know for a fact You know that because of question

whether or not any of those people who answered question number 3, yes, were in fact using Google to make airline reservations; true? A. Q. That's correct. Nor do you know for a fact whether

or not those same persons use Google to make an airline reservation on Southwest or to purchase a Southwest ticket; true? A. That's correct.

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Q.

Okay.

And so that we have a clean

record, on page 65 of Exhibit 2 you have the language that says, "Google search page --

Southwest Airlines;" do you see that? A. Q. A. Q. Yes. You added that language; true? That is correct, yes. So would an actual person who was

searching, would they see this language come up in response to a search? A. Q. A. No, they would not. Why did you add that? So that they, again, to make it

clear to them that this is what they would see if they had done a search for Southwest Airlines on Google. Simply to say these are the search

results, the search results page. Q. And these are the search results

that you came up with or Mr. Meyer came up with that we see on page 65? A. These were the -- I don't recall

whether these are the ones that Mr. Meyer sent me or I had sent, but this is clearly capturing exactly what was on the search results page for Southwest Airlines.
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