Download - Consumerinfo.com v Chang Jury Verdict
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CENTRAL DIVISION
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HONORABLE VALERIE BAKER FAIRBANK
UNITED STATES DISTRICT JUDGE
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CONSUMERINFO.COM, INC., )
) CERTIFIED ORIGINALPLAINTIFF, )
)VS. ) CV 09-03783-VBF(MAN)
)
ALEX CHANG, ET AL. )
)
DEFENDANT. )
________________________________)
TRIAL, DAY 17
LOS ANGELES, CALIFORNIA
WEDNESDAY, JANUARY 12, 2011
ROSALYN ADAMS, CSR 11794
OFFICIAL COURT REPORTER
100 UNITED STATES COURTHOUSE
312 NORTH SPRING STREET, ROOM 410
LOS ANGELES, CALIFORNIA 90012
(213) 894-2665
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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APPEARANCES:
ON BEHALF OF PLAINTIFF:
KAYE SCHOLER LLP
BY: RHONDA R. TROTTERJOSHUA STAMBAUGH
1999 AVENUE OF THE STARS
SUITE 1700
LOS ANGELES, CALIFORNIA 90067
(310) 788-1000
ON BEHALF OF DEFENDANT, ALEX CHANG:
ORRICK HERRINGTON SUTCLIFFE
BY: KENT B. GOSS
VALERIE M. GOOSETH E. FREILICH
777 SOUTH FIGUEROA STREET
SUITE 3200
LOS ANGELES, CALIFORNIA 90017
(213) 612-2020
ON BEHALF OF DEFENDANT, ADAPTIVE MARKETING LLC:
GREENBERG TRAURIG LLP
BY: VINCENT H. CHIEFFO
2450 COLORADO AVENUESUITE 400E
SANTA MONICA, CALIFORNIA 90404
(310) 586-7700
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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LOS ANGELES, CALIFORNIA; WEDNESDAY, JANUARY 12, 2011; 1:30 PM
--000--
THE COURT: GOOD AFTERNOON. PLEASE BE SEATED. IN
THE TRIAL I NOTE THE PRESENCE OF THE ATTORNEYS AND THE
PARTIES. AS YOU KNOW, WE RECEIVED A NOTE FROM THE JURY,
STATING THEY'VE REACHED A UNANIMOUS VERDICT.
CAN MY CLERK CALL IN THE JURORS?
MR. RAMALLO: YES, YOUR HONOR.
MR. GOSS: YES, YOUR HONOR.
THE COURT: ALL RIGHT, THANK YOU.
(THE JURY ENTERS THE COURTROOM.)
THE COURT: COULD THE JURORS BE SURE TO RETURN TO
THEIR ASSIGNED SEAT NUMBERS.
(FLAG SALUTE.)
THE COURT: GOOD AFTERNOON. PLEASE BE SEATED. I
NOTE THE PRESENCE OF ALL OF THE JURORS.
PLEASE ANSWER "YES" OR "NO." DON'T VOLUNTEER ANY
INFORMATION, EXTRA INFORMATION.
MR. DONALD THOMAS, ARE YOU THE FOREPERSON?
THE FOREPERSON: YES.
THE COURT: WE RECEIVED A NOTE RECENTLY THAT THE
JURY HAS REACHED A UNANIMOUS VERDICT; IS THAT TRUE?
THE FOREPERSON: YES.
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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THE COURT: I NOTE THAT YOU HAVE AN ENVELOPE.
DOES IT CONTAIN THE VERDICT?
THE FOREPERSON: YES.
THE COURT: IF YOU'D PASS IT DOWN TO THE BAILIFF,
HE'LL HAND IT TO ME AND I WILL CHECK IT FOR FORM. AND AFTER
I CHECK THE VERDICT FORM, I'LL HAND IT TO ME CLERK,
MR. REMIGIO, TO READ.
I WILL HAND THE VERDICT FORM, WHICH HAS BEEN SIGNED
AND DATED BY THE FOREPERSON, TO THE CLERK TO READ.
THE CLERK: UNITED STATES DISTRICT COURT, CENTRAL
DISTRICT OF CALIFORNIA, WESTERN DIVISION. CONSUMERINFO.COM
INCORPORATED, A CALIFORNIA CORPORATION, PLAINTIFF, VS. ONE
TECHNOLOGIES LP, A DELAWARE LIMITED PARTNERSHIP, AND ADAPTIVE
MARKETING LLC, A DELAWARE CORPORATION, DEFENDANTS, AND
RELATED COUNTERCLAIMS; CASE NUMBER CV 09-3783-VBF(MANX),
VERDICT FORM, SECTION A, CONSUMERINFO'S TRADEMARK
INFRINGEMENT CLAIM, FREECREDITREPORT.COM.
NUMBER ONE: IS FREECREDITREPORT.COM A VALID AND
PROTECTABLE TRADEMARK?
THE ANSWER IS YES.
IF THE ANSWER IS "YES," PROCEED TO THE NEXT
QUESTION.
NUMBER TWO: DOES CONSUMERINFO OWN
FREECREDITREPORT.COM AS A TRADEMARK?
THE ANSWER IS YES.
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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IF THE ANSWER IS "YES," PROCEED TO THE NEXT
QUESTION.
NUMBER THREE: DID THE DEFENDANT USE
FREECREDITREPORT.COM OR A SIMILAR TERM WITHOUT THE CONSENT OF
CONSUMERINFO IN A MANNER THAT IS LIKELY TO CAUSE CONFUSION
AMONG ORDINARY PURCHASERS AS THE SOURCE OF GOODS -- AS TO THE
SOURCE OF THE GOODS?
AS TO ADAPTIVE MARKETING, THE ANSWER IS NO.
AS TO ONE TECHNOLOGIES, THE ANSWER IS NO.
IF YOU ANSWERED "NO," TO THIS QUESTION AS TO EITHER
DEFENDANT, PLEASE PROCEED TO SECTION B AS TO THAT DEFENDANT.
SECTION B: IS CONSUMERINFO'S TRADEMARK
INFRINGEMENT CLAIM TRIPLEADVANTAGE?
(PAUSE IN PROCEEDINGS.)
THE COURT: WITH RESPECT TO SECTION A, QUESTION 4,
IT APPEARS THAT INITIALLY THERE WAS A CHECK, BUT THEN THE
CHECKMARKS WERE CROSSED OUT AND INITIALED BY MR. THOMAS SO
THEY SHOULD BE DISREGARDED.
CAN I HAVE MY CLERK APPROACH MR. -- SHOW THIS TO --
MAY I HAVE MY CLERK SHOW THIS TO COUNSEL FOR ALL SIDES AND
THEN SHOW MR. THOMAS AND ASK IF THAT'S THE CORRECT
INTERPRETATION THAT THE CHECKMARKS UNDER SECTION A, QUESTION
4, WERE CROSSED OUT AND SHOULD BE DISREGARDED.
MR. THOMAS, CAN YOU ANSWER, BASICALLY, "YES" OR
"NO"?
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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YES -- DID YOU MEAN TO CROSS OUT THE CHECKMARKS?
THE FOREPERSON: YES.
THE COURT: THANK YOU VERY MUCH.
THEN, MR. REMIGIO, I UNDERSTAND YOU'RE PROCEEDING
WITH SECTION B?
THE CLERK: CORRECT, YOUR HONOR.
SECTION B, CONSUMERINFO'S TRADEMARK INFRINGEMENT
CLAIM, TRIPLEADVANTAGE.
QUESTION NUMBER 1: IS TRIPLEADVANTAGE A VALID AND
PROTECTABLE TRADEMARK?
THE ANSWER IS YES.
IF YOU ANSWERED "YES," TO THIS QUESTION, PROCEED TO
THE NEXT QUESTION.
QUESTION NUMBER 2: DOES CONSUMERINFO OWN
TRIPLEADVANTAGE AS A TRADEMARK?
THE ANSWER IS YES.
IF YOU ANSWERED "YES" TO THIS QUESTION, PROCEED TO
THE NEXT QUESTION.
QUESTION NUMBER 3: DID THE DEFENDANTS USE
TRIPLEADVANTAGE OR A SIMILAR TERM WITHOUT THE CONSENT OF
CONSUMERINFO IN A MANNER THAT IS LIKELY TO CAUSE CONFUSION
AMONG ORDINARY PURCHASERS AS TO THE SOURCE OF THE GOODS?
AS TO ADAPTIVE MARKETING, THE ANSWER IS NO; AS TO
ONE TECHNOLOGIES, THE ANSWER IS NO.
IF YOU ANSWERED "NO," TO THIS QUESTION AS TO EITHER
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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DEFENDANT, PROCEED TO SECTION C AS TO THAT DEFENDANT.
SECTION C, CONSUMERINFO'S CYBERSQUATTING CLAIM.
ANSWER THE QUESTIONS IN THIS SECTION ONLY IF YOU
FOUND FREECREDITREPORT.COM IS A VALID AND PROTECTABLE
TRADEMARK OWNED BY CONSUMERINFO.
QUESTION NUMBER 1: DID THE DEFENDANT HAVE THE
BAD-FAITH INTENT TO PROFIT FROM THE FREECREDITREPORT.COM
MARK?
AS TO ADAPTIVE MARKETING, THE ANSWER IS YES; AS TO
ONE TECHNOLOGIES, THE ANSWER IS YES.
IF YOU ANSWERED "YES," TO THIS QUESTION AS TO
EITHER DEFENDANT, PROCEED TO THE NEXT QUESTION AS TO THAT
DEFENDANT.
QUESTION NUMBER 2: DID THE DEFENDANT REGISTER,
TRAFFIC-IN OR USE A DOMAIN NAME THAT, A), IF THE
FREECREDITREPORT.COM MARK WAS VALID AND PROTECTABLE AT THE
TIME THE DOMAIN NAME WAS REGISTERED, WAS IDENTICAL, OR
CONFUSINGLY SIMILAR TO THE FREECREDITREPORT.COM MARK OR, B),
IF FREECREDITREPORT.COM MARK WAS FAMOUS AT THE TIME THE
DOMAIN NAME WAS REGISTERED, WAS IDENTICAL, CONFUSINGLY
SIMILAR, OR DILUTIVE OF THE FREECREDITREPORT.COM MARK?
AS TO ADAPTIVE MARKETING, THE ANSWER IS YES; AS TO
ONE TECHNOLOGIES, THE ANSWER IS YES.
IF YOU ANSWERED "YES," TO THIS QUESTION AS TO
EITHER DEFENDANT, PROCEED TO THE NEXT QUESTION AS TO THAT
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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DEFENDANT.
QUESTION NUMBER 3: WAS THE DEFENDANT'S USE OF
FREECREDITREPORT.COM OR A SIMILAR TERM A FAIR USE?
AS TO ADAPTIVE MARKETING, THE ANSWER IS NO; AS TO
ONE TECHNOLOGIES, THE ANSWER IS NO.
IF YOU ANSWERED "NO," TO THIS QUESTION AS TO EITHER
DEFENDANT, PROCEED TO THE NEXT QUESTION AS TO THAT DEFENDANT.
QUESTION NUMBER 4: HAS DEFENDANTS' CYBERSQUATTING
CAUSED CONSUMERINFO DAMAGE?
AS TO ADAPTIVE MARKETING, THE ANSWER IS YES; AS TO
ONE TECHNOLOGIES, THE ANSWER IS YES.
IF YOU ANSWERED "YES," TO THIS QUESTION AS TO
EITHER DEFENDANT, PROCEED TO THE NEXT QUESTION AS TO THAT
DEFENDANT.
QUESTION NUMBER 5: DID DEFENDANT EARN ANY PROFITS
THAT ARE ATTRIBUTABLE TO CYBERSQUATTING?
AS TO ADAPTIVE MARKETING, THE ANSWER IS YES; AS TO
ONE TECHNOLOGIES, THE ANSWER IS YES.
PROCEED TO THE NEXT QUESTION.
PLEASE WRITE IN THE AMOUNT, IF ANY, OF DAMAGE TO
CONSUMERINFO CAUSED BY DEFENDANTS' CYBERSQUATTING.
AS TO ADAPTIVE MARKETING, $450,000; AS TO ONE
TECHNOLOGIES, $120,000.
PROCEED TO THE NEXT QUESTION.
QUESTION NUMBER 7: PLEASE WRITE IN THE AMOUNT, IF
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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ANY, OF DEFENDANT'S PROFITS THAT ARE ATTRIBUTABLE TO
CYBERSQUATTING.
AS TO ADAPTIVE MARKETING, $1,050,000; AS TO ONE
TECHNOLOGIES, $280,000.
PROCEED TO THE NEXT QUESTION.
QUESTION NUMBER 8: DID CONSUMERINFO FAIL TO
MITIGATE DAMAGES?
AS TO ADAPTIVE MARKETING, THE ANSWER IS NO; AS TO
ONE TECHNOLOGIES, THE ANSWER IS NO.
IF YOU ANSWERED "NO, "TO THIS QUESTION AS TO EITHER
DEFENDANT, PROCEED TO SECTION D AS TO THAT DEFENDANT.
SECTION D, CONSUMERINFO'S DILUTION CLAIM. ANSWER
THE QUESTIONS IN THIS SECTION D ONLY IF YOU FOUND
FREECREDITREPORT.COM IS A VALID AND PROTECTABLE TRADEMARK
OWNED BY CONSUMERINFO.
QUESTION NUMBER 1: IS FREECREDITREPORT.COM FAMOUS?
THE ANSWER IS YES.
IF YOU ANSWERED "YES" TO THIS QUESTION, PROCEED TO
THE NEXT QUESTION.
QUESTION NUMBER 2: DID THE DEFENDANT USE
FREECREDITREPORT.COM IN COMMERCE?
AS TO ADAPTIVE MARKETING, THE ANSWER IS YES; AS TO
ONE TECHNOLOGIES, THE ANSWER IS YES.
IF YOU ANSWERED "YES" TO THIS QUESTION AS TO EITHER
DEFENDANT, PROCEED TO THE NEXT QUESTION AS TO THAT DEFENDANT.
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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QUESTION NUMBER 3: DID THE DEFENDANT BEGIN USING
FREECREDITREPORT.COM AFTER IT BECAME FAMOUS?
AS TO ADAPTIVE MARKETING, THE ANSWER IS NO; AS TO
ONE TECHNOLOGIES, THE ANSWER IS NO.
IF YOU ANSWERED "NO" TO THIS QUESTION AS TO EITHER
DEFENDANT, PROCEED TO SECTION E AS TO THAT DEFENDANT.
SECTION E, CONSUMERINFO'S CONTRIBUTORY LIABILITY
CLAIM AGAINST ADAPTIVE MARKETING.
QUESTION NUMBER 1: DID ONE TECHNOLOGIES INFRINGE
CONSUMERINFO'S FREECREDITREPORT.COM OR TRIPLEADVANTAGE
TRADEMARKS?
THE ANSWER IS YES.
IF YOU ANSWERED "YES" TO THIS QUESTION, PROCEED TO
THE NEXT QUESTION.
DID ADAPTIVE MARKETING INTENTIONALLY INDUCE ONE
TECHNOLOGIES TO INFRINGE CONSUMERINFO'S FREECREDITREPORT.COM
OR TRIPLEADVANTAGE?
THE ANSWER IS NO.
IF YOU ANSWERED "NO" TO THIS QUESTION, PROCEED TO
SECTION F.
SECTION F, CONSUMERINFO'S VICARIOUS LIABILITY CLAIM
AGAINST ADAPTIVE MARKETING.
QUESTION NUMBER 1: DID ONE TECHNOLOGIES INFRINGE
CONSUMERINFO'S FREECREDITREPORT.COM OR TRIPLEADVANTAGE
TRADEMARKS?
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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THE ANSWER IS YES.
IF YOU ANSWERED "YES" TO THIS QUESTION, PROCEED TO
THE NEXT QUESTION.
QUESTION NUMBER 2: DID YOU FIND THAT ADAPTIVE HAD
THE AUTHORITY TO BIND ONE TECHNOLOGIES IN TRANSACTIONS WITH
THIRD PARTIES AND THAT ONE TECHNOLOGIES HAD THE AUTHORITY TO
BIND ADAPTIVE IN TRANSACTIONS WITH THIRD PARTIES, OR THAT
ADAPTIVE AND ONE TECHNOLOGIES EXERCISED JOINT OWNERSHIP
OVER -- OR CONTROL OVER THE INFRINGING CONDUCT?
THE ANSWER IS YES.
IF YOU ANSWERED "YES" TO THIS QUESTION, PROCEED TO
THE NEXT QUESTION.
QUESTION NUMBER 3: WAS CONSUMERINFO DAMAGED BY
INFRINGEMENT?
THE ANSWER IS YES.
IF YOU ANSWERED "YES" TO THIS QUESTION, PROCEED TO
THE NEXT QUESTION.
QUESTION NUMBER 4: PLEASE WRITE IN THE AMOUNT, IF
ANY, OF DAMAGE TO CONSUMERINFO CAUSED BY ONE TECHNOLOGIES'
INFRINGEMENT OF FREECREDITREPORT.COM AND/OR TRIPLEADVANTAGE.
$120,000 IS WRITTEN IN.
PROCEED TO THE NEXT QUESTION.
QUESTION NUMBER 5: PLEASE WRITE IN THE AMOUNT, IF
ANY, OF ONE TECHNOLOGIES' PROFITS THAT ARE ATTRIBUTABLE TO
THE INFRINGEMENT OF FREECREDITREPORT.COM AND/OR
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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TRIPLEADVANTAGE.
$280,000 IS WRITTEN IN.
QUESTION NUMBER 6: DID CONSUMERINFO FAIL TO
MITIGATE DAMAGES?
THE ANSWER IS NO.
IF YOU ANSWERED "NO" TO THIS QUESTION, PLEASE
PROCEED TO SECTION G.
SECTION G, ONE TECHNOLOGIES' CLAIM FOR FRAUD ON THE
UNITED STATES PATENT AND TRADEMARK OFFICE, P.T.O.
QUESTION NUMBER 1: DID CONSUMERINFO MAKE A FALSE
REPRESENTATION TO THE P.T.O. TRADEMARK EXAMINER REGARDING A
MATERIAL FACT?
THE ANSWER IS NO.
IF YOU ANSWERED "NO" TO THIS QUESTION, PROCEED TO
SECTION H.
THE COURT: ALL RIGHT. WITH RESPECT TO THE VERDICT
FORM SECTION G, QUESTION 2, THERE IS A CHECK UNDER "NO," AND
THEN THE INITIALS "DT."
I WOULD ASK MY CLERK TO SHOW COUNSEL QUESTION 2,
SECTION G, AND THEN SHOW THIS TO THE FOREPERSON AND ASK IF HE
MEANT TO DELETE THE CHECKMARK. THANK YOU.
AND AFTER SHOWING COUNSEL, THE CLERK IS SHOWING THE
VERDICT FORM TO THE FOREPERSON.
WITH YOUR INITIALS, DID YOU MEAN TO HAVE THE COURT
DISREGARD THE LINE THROUGH "NO" UNDER SECTION 2?
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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THE FOREPERSON: YES.
THE COURT: THANK YOU.
MR. REMIGIO, WOULD YOU PLEASE CONTINUE.
THE CLERK: CONTINUING ONTO SECTION H, ONE
TECHNOLOGIES' CLAIM FOR CANCELLATION.
QUESTION NUMBER 1: DO YOU FIND THAT
FREECREDITREPORT.COM IS GENERIC?
THE ANSWER IS NO.
DATED JANUARY 12TH, 2011, AND SIGNED BY THE JURY
FOREPERSON.
THE COURT: LADIES AND GENTLEMEN OF THE JURY, IS
THIS VERDICT AS PRESENTED AND READ THE VERDICT OF EACH OF
YOU, SO SAY YOU ALL?
ALL JURORS: YES.
THE COURT: IS THERE A REQUEST THAT THE JURY BE
POLLED, INDIVIDUALLY?
MS. TROTTER: NO, YOUR HONOR.
MR. GOSS: NO, YOUR HONOR.
MR. CHIEFFO: NO, YOUR HONOR.
THE COURT: ALL RIGHT.
WOULD COUNSEL APPROACH ONE MOMENT.
(SIDEBAR.)
THE COURT: IS THERE ANYTHING ELSE YOU WANT ME TO
ASK THE JURY ABOUT THE VERDICT FORM AT THIS TIME?
MR. GOSS: NO, YOUR HONOR.
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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MR. CHIEFFO: NO, YOUR HONOR.
THE COURT: ALL RIGHT. SINCE WE STILL HAVE THE
BIFURCATED PHASE ISSUE TO DISCUSS, SHALL I SEND THE JURY BACK
TO THE JURY ROOM? WE CAN DISCUSS IT, IF WE'RE GOING TO
CONTINUE WITH IT. IT'S AFTER 2:00 O'CLOCK NOW. THEY'RE USED
TO LEAVING AT 2:00, SO I'LL TELL THEM TO COME BACK TOMORROW
AT 8:30, OR DO YOU WANT ME JUST TO TELL THEM TO COME BACK AT
8:30?
MR. STAMBAUGH: MY SUGGESTION WOULD BE IF THEY
COULD GO TO THE JURY ROOM FOR ABOUT FIVE MINUTES, I THINK WE
CAN RESOLVE THE BIFURCATION ISSUE, BUT I THINK IT SHOULD BE
DONE OUTSIDE THE PRESENCE OF THE JURY.
THE COURT: YES, OF COURSE. THANK YOU.
(END SIDEBAR.)
THE COURT: WE WANT TO THANK THE JURY PROFUSELY FOR
ITS HARD WORK AND TIME. I WOULD ASK THE JURY TO KINDLY
RETURN TO THE JURY ROOM FOR ABOUT FIVE MINUTES. WHEN YOU'RE
IN THE JURY ROOM NOW, DO NOT TALK ABOUT THIS CASE OR ANYTHING
RELATED TO THIS CASE, ABOUT THE VERDICT, OR ANYTHING RELATED
TO THE VERDICT. THANK YOU VERY MUCH.
(THE JURY EXITS THE COURTROOM.)
THE COURT: COUNSEL, WOULD YOU LIKE TO TAKE A BREAK
AND HAVE ME STEP OUT?
MR. GOSS: I THINK WE CAN -- EVEN TWO MINUTES FOR
THAT BREAK.
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THE COURT: NO PROBLEM. ADVISE MY CLERK WHEN
YOU'RE READY. THANK YOU.
MS. TROTTER: THANK YOU, YOUR HONOR.
MR. GOSS: THANK YOU.
THE COURT: AND IF YOU NEED ANYTHING, LIKE A COPY
OF THE VERDICT FORM, LET MY CLERK KNOW AND WE'LL MAKE SOME
COPIES FOR YOU.
MR. GOSS: THANK YOU, YOUR HONOR.
MS. GOO: THANK YOU.
MS. TROTTER: THANK YOU, YOUR HONOR.
(RECESS.)
THE COURT: PLEASE BE SEATED. IN THE TRIAL,
COUNSEL ARE HERE, THE PARTIES. THE JURY IS NOT IN THE
COURTROOM.
MR. GOSS, ANYTHING?
MR. GOSS: YES, YOUR HONOR. SO IN LIGHT OF THE
JURY'S FINDINGS ON FRAUD ON THE P.T.O. AND GENERICNESS, THERE
WILL BE NO NEED FOR THE PHASE TWO ANTITRUST PIECE OF THE
CASE. I'M SURE YOU'RE DISAPPOINTED BUT...
THE COURT: MIGHT HAVE BEEN INTERESTING.
EVERYONE IN AGREEMENT THERE?
MS. TROTTER: YES, YOUR HONOR.
THE COURT: IS THERE -- WHILE WE STILL HAVE THE
JURY IN THE JURY ROOM, AND NOT EXCUSED AND INSTRUCTED NOT TO
DISCUSS THIS CASE FURTHER UNTIL GIVEN MORE INSTRUCTIONS BY
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THE COURT, DO COUNSEL WISH TO QUESTION ANY PART OF THE
VERDICT FORM? AND, IN THAT REGARD, DID YOU RECEIVE A COPY OF
THE VERDICT FORM?
MR. GOSS: WE DID NOT, YOUR HONOR, BUT WE FILLED IT
OUT AS YOUR CLERK READ IT.
THE COURT: OKAY. SO EVERYONE HAS A COPY THAT THEY
FILLED OUT?
MS. TROTTER: YES, YOUR HONOR.
MR. CHIEFFO: YOUR HONOR?
THE COURT: YES.
MR. CHIEFFO: I WOULD RAISE ONE ISSUE, AT LEAST AS
I UNDERSTOOD HOW THIS CASE WENT TO THE JURY. THE VICARIOUS
LIABILITY OF ADAPTIVE MARKETING IS BASED SOLELY ON PAID
SEARCH. THE JURY'S VERDICT ON PAID SEARCH WAS FOR THE
DEFENDANTS.
AS I RECALL THE CASE, THERE WAS NOT A CLAIM FOR
VICARIOUS LIABILITY ON THE CYBERSQUATTING CLAIMS, AND THERE
COULDN'T BE BECAUSE THE TWO DOMAIN NAMES THAT WERE INVOLVED
OR THE VARIOUS DOMAIN NAMES WERE THE DEFENDANTS' SEPARATE
BUSINESSES. THEY WERE NOT JOINED IN ANY WAY.
THE JURY HAS NOW GIVEN A JUDGMENT FOR VICARIOUS
LIABILITY --
THE COURT: ARE YOU REFERRING TO SECTION E,
CONTRIBUTORY LIABILITY? OR SECTION F, VICARIOUS LIABILITY?
MR. CHIEFFO: I BELIEVE SECTION F, YOUR HONOR. I
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BELIEVE THE PRIOR SECTION D, THERE WAS A DEFENSE VERDICT.
THE COURT: PARDON? I'M ASKING YOU -- ARE YOU
ASKING THE COURT TO LOOK AT SECTION E, CONSUMERINFO'S
CONTRIBUTORY LIABILITY CLAIM, OR SECTION F, CONSUMERINFO'S
VICARIOUS LIABILITY CLAIM?
MR. CHIEFFO: SECTION F, THE VICARIOUS LIABILITY
CLAIM.
THE COURT: ALL RIGHT.
MR. CHIEFFO: AND MY COMMENT WAS THAT THE VERDICT
IS BASED UPON THE DAMAGES FOUND TO HAVE BEEN CAUSED BY ONE
TECHNOLOGIES. THERE'S NO CLAIM, HOWEVER, AS I UNDERSTAND IT,
FOR VICARIOUS LIABILITY IN THIS CASE FOR THE CYBERSQUATTING
CLAIMS. I BELIEVE THAT CLAIM IS BASED SOLELY ON THE PAID
SEARCH CLAIMS WHERE THE DEFENDANTS DO HAVE BUSINESS TOGETHER,
BUT THEY DON'T HAVE ANY BUSINESS TOGETHER WITH THEIR SEPARATE
U.R.L.'S. SO IT WOULD SEEM TO ME THAT -- AND I RAISE THIS.
WE, OBVIOUSLY, WOULD BE MAKING A MOTION BASED UPON THIS. BUT
I DON'T SEE THE HOW THE JURY CAN AWARD -- CAN MAKE A FINDING
WHERE THEY FOUND THAT WE'RE NOT LIABLE FOR THE UNDERLYING
TORT THAT WE'RE ACCUSED OF BEING VICARIOUSLY LIABLE FOR.
THE COURT: WHAT IS THE -- ANYTHING TO ADD ON
BEHALF OF ONE TECHNOLOGIES?
MR. GOSS: NO, YOUR HONOR.
THE COURT: MS. TROTTER.
MS. TROTTER: YOUR HONOR, CONSUMERINFO AGREES WITH
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ADAPTIVE WITH RESPECT TO THAT ASPECT OF THE VERDICT.
THE COURT: WHAT WOULD COUNSEL SUGGEST? I AGREE AS
WELL. WE NEED TO ADDRESS -- OR SHOULD WE ADDRESS SECTION F
BEFORE I EXCUSE THE JURY?
MR. CHIEFFO: I THINK BASED UPON MS. TROTTER'S
COMMENTS AND BASED UPON THE CASE, THERE ISN'T A NEED TO
INQUIRE OF THE JURY. THIS IS NOT A CLAIM THAT THEY CAN FIND
LIABILITY ON.
THE COURT: ANYTHING ELSE REGARDING THE VERDICT
FORM?
MS. TROTTER: NO, YOUR HONOR.
THE COURT: CAN I CALL IN THE JURY AND THANK AND
EXCUSE THEM?
OKAY. I'D ASK MR. REMIGIO TO PLEASE CALL IN THE
JURY. AND I ALWAYS TELL THE JURORS THAT THEY DON'T NEED TO
TALK ABOUT THE CASE WITH ANYONE, BUT THEY'RE ALSO FREE TO DO
SO. AND I WOULD SUSPECT COUNSEL WOULD LIKE TO TALK TO THE
JURORS, AS WELL AS THANK THEM. AND THEN AFTER YOU DO TALK
WITH THEM, IF YOU COULD LET MY CLERK KNOW WHEN YOU'RE READY
TO COME BACK AND DISCUSS THE REMAINING ISSUES. THANK YOU.
(THE JURY ENTERS THE COURTROOM.)
THE COURT: PLEASE BE SEATED. I NOTE THE PRESENCE
OF ALL THE JURORS, COUNSEL AND THE PARTIES.
LADIES AND GENTLEMEN, IN A FEW MOMENTS I WILL BE
EXCUSING YOU. BEFORE I DO, I WANT TO, ON BEHALF OF MYSELF
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AND THE COURT SYSTEM, THANK YOU FOR SERVING A JURORS. IT'S A
VERY DIFFICULT TASK. AND I NOTICED THAT YOU ARE A VERY
CONSCIENTIOUS, HARDWORKING JURY. I WOULD EXPLAIN THAT THE
LAW PRECLUDES A JUDGE FROM EVER COMMENTING ON A JURY'S
VERDICT. THAT WOULD BE WRONG BECAUSE THE JURY IS THE SOLE
AND EXCLUSIVE JUDGE OF THE CREDIBILITY OF THE EVIDENCE AND
THE WEIGHT OF THE EVIDENCE AND IS THE FACT-FINDER. BUT I CAN
SAY THAT I WAS VERY THANKFUL AND ADMIRING OF THE JURY FOR THE
HARD WORK THAT YOU DID AND WE REALLY APPRECIATE IT.
BY ACTING AS A JUROR, YOU REALLY BECOME THE
CONSCIENCE OF THE COMMUNITY, AND WE APPRECIATE YOU
UNDERTAKING THIS DIFFICULT TASK. AGAIN, THANK YOU VERY MUCH.
YOU ARE NO LONGER UNDER THE COURT'S DIRECTION NOT
TO TALK ABOUT THIS CASE. YOU CAN TALK ABOUT THIS CASE OR
SUBJECTS RELATED TO THIS CASE WITH ANYONE. OF COURSE, YOU
DON'T NEED TO AS WELL.
I WOULD, IN ADDITION TO THANKING THE JURY, LIKE TO
THANK MY COURT STAFF. YOU CAN SEE THAT THEY ALL WORKED VERY
HARD.
I HAVE TO STAND TO SEE THE COURT REPORTER,
MS. ADAMS, BECAUSE I'M NOT VERY TALL AND I CAN'T SEE HER
USUALLY. (LAUGHTER.)
AND SO I'D LIKE TO THANK THE COURT STAFF WHOM
YOU'VE GOTTEN KNOW: JOE REMIGIO, THE CLERK; THE COURT
REPORTER -- THE CHIEF COURT REPORTER BEING ROSALYN ADAMS; AND
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THE COURT CLERK, ERIC BOORSTEIN, WHO ALSO ASSISTED ON THE
CASE.
I ALSO WANT TO THANK THE ATTORNEYS FOR ALL THREE
SIDES. THEY'RE ALL VERY, VERY KNOWLEDGEABLE AND YOU CAN SEE
THEY WORKED VERY HARD AS WELL.
AGAIN, I WISH TO THANK YOU PROFUSELY FOR THE
SACRIFICE YOU ALL MADE TO SERVE ON A JURY, AND I HOPE YOU
FOUND IT AN INTERESTING EXPERIENCE. THANK YOU VERY MUCH.
I'LL RISE AND EXCUSE THE JURORS.
YOU SHOULD GET YOUR POSSESSIONS FROM THE JURY ROOM.
YOU CAN SPEAK WITH THE ATTORNEYS IF YOU WANT TO.
BEFORE THEY CHECK OUT, MR. REMIGIO, DO THEY NEED TO
GO TO THE JURY ROOM?
THE CLERK: I WILL DOUBLE-CHECK. I WILL GO WITH
THEM AND JUST LET THEM KNOW THEY'VE BEEN EXCUSED.
THE COURT: ALL RIGHT. THANK YOU VERY MUCH. THANK
YOU.
(THE JURY EXITS THE COURTROOM.)
THE COURT: I'LL HAVE MY CLERK ENCOURAGE THE JURORS
TO WALK THROUGH THE COURTROOM, IF YOU'D LIKE. WHEN YOU'RE
READY TO PROCEED DISCUSSING THE EQUITABLE ISSUES THAT REMAIN
IN THE SUIT, LET MY CLERK KNOW. THANK YOU VERY MUCH.
(RECESS.)
THE COURT: GOOD AFTERNOON. IN THE TRIAL, COUNSEL
ARE PRESENT OUTSIDE THE PRESENCE OF THE JURY.
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WE STILL HAVE THE BENCH TRIAL TO ADDRESS, REMAINING
EQUITABLE ISSUES.
HOW DO YOU THINK WE SHOULD PROCEED?
MR. GOSS: THANK YOU, YOUR HONOR. I THINK, AS TO
THE COURT ISSUES AND BRIEFING, WE MIGHT BE GETTING A LITTLE
OPTIMISTIC HERE, BUT WE'RE HOPING THAT IF WE COULD FILE THOSE
BRIEFS IN THREE WEEKS -- IS THAT TOO LATE?
THE COURT: IT MIGHT BE A PROBLEM BECAUSE I'VE GOT
OTHER CASES COMING IN.
MR. GOSS: OKAY. TWO WEEKS?
THE COURT: THAT WOULD BE FINE.
DO YOU ANTICIPATE, COUNSEL, MUCH IN THE WAY OF
PRESENTATION OF EVIDENCE?
MR. GOSS: I THINK ON THE ISSUES THAT ARE
REMAINING, YOUR HONOR, AFTER THE JURY'S VERDICT THERE WILL BE
SOME, BUT I DON'T ANTICIPATE VOLUMINOUS AMOUNTS OF EVIDENCE.
MR. CHIEFFO: YOUR HONOR, I JUST GOT OFF THE PHONE
WITH MR. DONOIAN. THIS IS JUST A PERSONAL COMMENT. HIS
MOTHER-IN-LAW DIED, BUT IT'S GOT EVEN MORE COMPLICATED
BECAUSE OF THE STORM IN THE EAST. NOW THE FUNERAL HAS BEEN
DELAYED A COUPLE OF DAYS. SO I'VE STARTED THE CONVERSATION.
I'M NOT COMPLETELY SURE OF ADAPTIVE MARKETING'S INTENTION
ABOUT WHETHER THERE WOULD BE ANY MORE EVIDENCE. I THINK I
COULD KNOW VERY SHORTLY.
THE COURT: SO THAT WOULD BE A GROUND FOR A LITTLE
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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LONGER TIME.
MR. CHIEFFO: I APPRECIATE THAT, YOUR HONOR. I
KNOW MR. DONOIAN DOES TOO.
MR. GOSS: YOUR HONOR, I MAY HAVE MISUNDERSTOOD
YOU. ARE YOU TALKING ABOUT THE PRESENTATION OF ADDITIONAL
EVIDENCE THAT HAS NOT BEEN ADMITTED THUS FAR IN THE CASE?
THE COURT: YES.
WOULD THERE BE ANY ADDITIONAL?
MR. GOSS: WE DON'T ANTICIPATE, MAYBE EXCEPT FOR
ONE OR TWO PIECES OF EVIDENCE, WHICH I THINK -- I THINK WE'LL
BE OKAY ON THAT.
THE COURT: ALL RIGHT.
MS. TROTTER.
MS. TROTTER: IT WAS OUR UNDERSTANDING, YOUR HONOR,
THAT WHATEVER EVIDENCE WAS TO BE PRESENTED WOULD HAVE BEEN
PRESENTED DURING THE COURSE OF THE TRIAL, EVEN ON THE
EQUITABLE ISSUES THAT YOUR HONOR HAS DECIDED.
THE COURT: ALL RIGHT. SO COUNTING THE WEEKS FROM
MONDAY, THE 17TH, THE THIRD WEEK WOULD BE FEBRUARY 7TH.
WOULD THAT BE ENOUGH TIME TO WRITE SOMETHING UP OR
DO YOU WANT MORE TIME?
MR. GOSS: THAT WOULD BE GREAT, YOUR HONOR.
MR. CHIEFFO: THAT WOULD BE GREAT, OKAY.
THE COURT: FEBRUARY 7TH. OKAY. I'LL HAVE TO -- I
WOULD TRY TO PLAN A DATE IN THE AFTERNOON, THE WEEK OF
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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FEBRUARY 21ST. THE 21ST IS THE PRESIDENT'S HOLIDAY --
MONDAY -- BUT SOMETIME BETWEEN THE 22ND, 23RD, 24TH OR 25TH?
MS. TROTTER: THAT MAY BE A PROBLEM, YOUR HONOR,
FOR ME WITH RESPECT TO TRAVEL.
IS IT POSSIBLE TO HAVE IT EARLIER IN FEBRUARY?
THE COURT: I'M STARTING -- I RECALL I'M STARTING A
HUGE TRIAL, CRIMINAL MATTER. I CAN LOOK AT -- THE TRIALS THE
15TH AND 14TH WOULD BE PRETTY PACKED, BUT I'LL SEE WHAT I CAN
DO AND HAVE MY CLERK CALL YOU TO COORDINATE A DATE THAT WOULD
WORK FOR EVERYBODY. BUT THE -- CAN THE BRIEFS BE FILED
SIMULTANEOUSLY ON FEBRUARY 7TH?
MS. TROTTER: YES, YOUR HONOR.
MR. GOSS: YES, YOUR HONOR.
MR. CHIEFFO: YES, YOUR HONOR.
THE COURT: ALL RIGHT. WHAT -- MAYBE YOU DON'T
WANT TO GO INTO -- ESPECIALLY SINCE I ALSO HAVE A 3:00
O'CLOCK CASE.
WHAT ARE THE ISSUES THAT SHOULD BE DECIDED WITH THE
BENCH TRIAL? TO THE EXTENT THE COURT IS PERSUADED BY THE
JURY'S VERDICT, IT WOULD SEEM TO BE THAT AN ISSUE IS
PRESENTED AS TO SECTION C REGARDING CYBERSQUATTING. I DON'T
KNOW WHAT -- BEYOND THAT THERE WOULD BE AN ISSUE PRESENTED.
I WOULD NOTE THAT PERTAINING TO ADAPTIVE'S
TRADEMARK INFRINGEMENT COUNTERCLAIM, THE COURT HAS REMOVED
FROM THE CALENDAR AS MOOT THE PORTION OF CONSUMERINFO'S RULE
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
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50 MOTION, DOCKET 679, DIRECTED TO ADAPTIVE'S COUNTERCLAIM
FOR INFRINGEMENT DUE TO THIS COUNTERCLAIM BEING HEARD BY THE
COURT, RATHER THAN THE JURY. AND IN COURT I RECALL THAT
CONSUMERINFO REQUESTED THAT ITS RULE 50 MOTION, DOCKET 679,
BE TREATED AS A MOTION UNDER RULE 52, PERTAINING TO A COURT
TRIAL.
MS. TROTTER: THAT'S CORRECT, YOUR HONOR. WE
ACTUALLY DID SUBMIT -- WE LODGED PROPOSED FINDINGS OF FACT
AND CONCLUSIONS OF LAW WITH RESPECT TO THAT REQUEST UNDER
52(C). WE WERE UNSURE IF YOUR HONOR WANTED ANY FURTHER
BRIEFING BUT -- WHICH WE DON'T NECESSARILY THINK IS NECESSARY
FOR THE COURT, BUT WE'RE HAPPY TO DO THAT IF YOU WANT.
THE COURT: I DON'T SEE THE NECESSITY AT THIS TIME.
ALL RIGHT. ANYTHING ELSE?
CORRECT ME, IF YOU DISAGREE. THERE WOULD BE NO
JUDGMENT PREPARED UNTIL THE EQUITABLE ISSUES ARE RESOLVED.
AND THE COURT WOULD BE SOMEWHAT INCLINED TO KEEP THE EXHIBITS
HERE UNTIL THE JUDGMENT HAS BEEN PREPARED, UNLESS COUNSEL
BELIEVE THERE'S -- AND I SUSPECT THERE IS -- A LARGE NUMBER
OF EXHIBIT TRIAL NOTEBOOKS THAT AREN'T NECESSARY, IN WHICH
CASE YOU CAN GET TOGETHER AND TALK WITH THE CLERK ABOUT WHEN
YOU'D LIKE YOUR STAFF TO COME IN. OKAY. THANK YOU VERY
MUCH.
MS. TROTTER: THANK YOU, YOUR HONOR.
MR. CHIEFFO: THANK YOU, YOUR HONOR.
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(END OF PROCEEDINGS.)
--000--
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
CERTIFICATE OF REPORTER
COUNTY OF LOS ANGELES )
) SS.
STATE OF CALIFORNIA )
I, ROSALYN ADAMS, OFFICIAL COURT REPORTER, IN AND FOR THE
UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF
CALIFORNIA, DO HEREBY CERTIFY THAT PURSUANT TO SECTION 753,
TITLE 28, UNITED STATES CODE, THE FOREGOING IS A TRUE AND
CORRECT TRANSCRIPT OF THE STENOGRAPHICALLY REPORTED
PROCEEDINGS HELD IN THE ABOVE-ENTITLED MATTER AND THAT THE
TRANSCRIPT PAGE FORMAT IS IN CONFORMANCE WITH THE REGULATIONS
OF THE JUDICIAL CONFERENCE OF THE UNITED STATES.
DATED: JANUARY 13, 2011
___________/S/__________
ROSALYN ADAMS, CSR 11794
OFFICIAL COURT REPORTER
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$
$1,050,000 [1] - 9:3
$120,000 [2] - 8:23;
11:21
$280,000 [2] - 9:4; 12:2
$450,000 [1] - 8:22
/
/S [1] - 26:18
0
000 [2] - 3:2; 25:2
09-03783-VBF(MAN [1]
- 1:10
09-3783-VBF(MANX [1]
- 4:15
1
1 [7] - 6:9; 7:6; 9:16;
10:9, 23; 12:10; 13:6
100 [1] - 1:23
11794 [2] - 1:22; 26:19
12 [2] - 1:18; 3:1
12TH [1] - 13:9
13 [1] - 26:16
14TH [1] - 23:8
15TH [1] - 23:8
17 [1] - 1:16
1700 [1] - 2:5
17TH [1] - 22:19
1999 [1] - 2:4
1:30 [1] - 3:1
2
2 [7] - 6:14; 7:14; 9:20;11:4; 12:17, 19, 25
2011 [4] - 1:18; 3:1;
13:9; 26:16
213 [2] - 1:25; 2:12
21ST [2] - 23:1
22ND [1] - 23:2
23RD [1] - 23:2
2450 [1] - 2:15
24TH [1] - 23:2
25TH [1] - 23:2
28 [1] - 26:9
2:00 [2] - 14:5
33 [4] - 6:19; 8:2; 10:1;
11:13
310 [2] - 2:6, 17
312 [1] - 1:24
3200 [1] - 2:11
3:00 [1] - 23:16
4
4 [4] - 5:15, 23; 8:8;
11:18
400E [1] - 2:16
410 [1] - 1:24
5
5[2]
- 8:15; 11:2350 [2] - 24:1, 4
52 [1] - 24:5
52(C) [1] - 24:10
586-7700 [1] - 2:17
6
6 [1] - 12:3
612-2020 [1] - 2:12
679 [2] - 24:1, 4
7
7 [1] - 8:25
753 [1] - 26:8777 [1] - 2:10
788-1000 [1] - 2:6
7TH [3] - 22:19, 24;
23:11
8
8 [1] - 9:6
894-2665 [1] - 1:25
8:30 [2] - 14:7
9
90012 [1] - 1:24
90017 [1] - 2:1190067 [1] - 2:5
90404 [1] - 2:16
A
ABOUT [11] - 13:24;
14:10, 17-19; 18:16;
19:14; 21:23; 22:5;
24:21
ABOVE [1] - 26:11
ABOVE-ENTITLED [1]
- 26:11
ACCUSED [1] - 17:20
ACTING [1] - 19:10
ACTUALLY [1] - 24:8ADAMS [5] - 1:22;
19:21, 25; 26:6, 19
ADAPTIVE [23] - 2:13;
4:13; 5:8; 6:23; 7:9,
22; 8:4, 10, 17, 22;
9:3, 8, 22; 10:3, 8,
15, 22; 11:4, 7-8;
16:13; 18:1; 21:22
ADAPTIVE'S [2] -
23:23; 24:1
ADD [1] - 17:21
ADDITION [1] - 19:17
ADDITIONAL [2] - 22:5,
8
ADDRESS [3] - 18:3;
21:1
ADMIRING [1] - 19:8
ADMITTED [1] - 22:6
ADVISE [1] - 15:1
AFTER [6] - 4:5; 10:2;
12:22; 14:5; 18:18;
21:15
AFTERNOON [4] - 3:5,
17; 20:24; 22:25
AGAIN [2] - 19:12; 20:6
AGAINST [2] - 10:8, 22
AGREE [1] - 18:2
AGREEMENT [1] -
15:21
AGREES [1] - 17:25
AL [1] - 1:11
ALEX [2] - 1:11; 2:7
ALL [19] - 3:12, 18;5:20; 12:16; 13:13,
20; 14:2; 17:8; 18:23;
19:18; 20:3, 7, 16;
22:12, 18; 23:15;
24:14
ALSO [4] - 18:16; 20:1,
3; 23:16
ALWAYS [1] - 18:15
AMERICA [1] - 1:1
AMONG [2] - 5:6; 6:22
AMOUNT [4] - 8:20, 25;
11:18, 23
AMOUNTS [1] - 21:16
AN [4] - 4:1; 20:8;23:20, 22
AND [71] - 3:6; 4:5, 9,
13-14, 18; 5:17,
20-21, 23; 6:9; 7:4,
16; 9:14; 11:6, 8;
12:9, 17, 20, 22;
13:9, 11-12; 14:16,
23; 15:5, 17, 24;
16:2, 17; 17:9, 16;
18:6, 12, 15, 17-18,
20, 23-24; 19:1, 6-9,
11, 21, 23, 25; 20:4,
7, 9, 15; 21:5; 23:8;
24:3, 9, 17, 19, 21;26:6, 9, 11
AND/OR [2] - 11:20, 25
ANGELES [6] - 1:17,
24; 2:5, 11; 3:1; 26:2
ANSWER [39] - 3:19;
4:20, 25; 5:1, 8-9, 24;
6:11, 16, 23-24; 7:3,
9-10, 22-23; 8:4,
10-11, 17-18; 9:8, 12,
17, 22-23; 10:3, 12,
18; 11:1, 10, 15;
12:5, 13; 13:8
ANSWERED [19] -
5:10; 6:12, 17, 25;
7:11, 24; 8:6, 12;
9:10, 18, 24; 10:5,
13, 19; 11:2, 11, 16;
12:6, 14
ANTICIPATE [3] -
21:12, 16; 22:9
ANTITRUST [1] - 15:18
ANY [12] - 3:19; 8:15,
20; 9:1; 11:19, 24;
16:1, 20; 17:15;
21:23; 22:8; 24:10
ANYONE [2] - 18:16;
19:15
ANYTHING [8] - 13:23;
14:18; 15:5, 15;
17:21; 18:9; 24:14
APPEARANCES [1] -
2:1
APPEARS [1] - 5:16
APPRECIATE [3] -19:9, 11; 22:2
APPROACH [2] - 5:19;
13:21
ARE [14] - 3:21; 8:16;
9:1; 11:24; 15:13;
16:23; 17:2; 19:2, 13;
20:25; 21:14; 22:5;
23:18; 24:16
AREN'T [1] - 24:20
AS [63] - 3:7; 4:24; 5:6,
8-11; 6:15, 22-23, 25;
7:1, 9, 11-12, 22,
24-25; 8:4, 6-7, 10,
12-13, 17, 22; 9:3, 8,10-11, 22, 24-25;
10:3, 5-6; 13:12;
16:5, 11, 16; 17:11;
18:2, 18; 19:10, 16;
20:5; 21:4; 23:21, 25;
24:5
ASK [6] - 5:21; 12:19;
13:24; 14:16; 18:14
ASKING [2] - 17:2
ASPECT [1] - 18:1
ASSIGNED [1] - 3:15
ASSISTED [1] - 20:1
AT [10] - 7:16, 19;
13:24; 14:6; 16:11;
17:3; 23:7; 24:13
ATTORNEYS [3] - 3:6;
20:3, 11
ATTRIBUTABLE [3] -
8:16; 9:1; 11:24
AUTHORITY [2] - 11:5
AVENUE [2] - 2:4, 15
AWARD [1] - 17:18
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
B
BACK [4] - 14:3, 6-7;
18:20
BAD [1] - 7:7
BAD-FAITH [1] - 7:7
BAILIFF [1] - 4:4
BAKER [1] - 1:5
BASED [6] - 16:13;
17:10, 13, 17; 18:5BASICALLY [1] - 5:24
BE [37] - 3:5, 14, 17;
5:18, 23; 13:15; 14:9,
11; 15:12, 18; 16:18;
17:17; 18:22, 24;
19:5; 21:5, 8, 11, 15,
23, 25; 22:8, 11, 15,
19-20, 22-23; 23:3, 8,
10, 18, 20, 22; 24:5,
15, 17
BECAME [1] - 10:2
BECAUSE [5] - 16:18;
19:5, 21; 21:8, 20
BECOME [1] - 19:10BEEN [8] - 4:8; 15:20;
17:10; 20:15; 21:20;
22:6, 15; 24:18
BEFORE [3] - 18:4, 25;
20:12
BEGIN [1] - 10:1
BEHALF [5] - 2:2, 7,
13; 17:22; 18:25
BEING [3] - 17:20;
19:25; 24:2
BELIEVE [4] - 16:25;
17:1, 13; 24:19
BENCH [2] - 21:1;
23:19
BETWEEN [1] - 23:2
BEYOND [1] - 23:22
BIFURCATED [1] -
14:3
BIFURCATION [1] -
14:11
BIND [2] - 11:5, 7
BOORSTEIN [1] - 20:1
BREAK [2] - 14:22, 25
BRIEFING [2] - 21:5;
24:11
BRIEFS [2] - 21:7;
23:10
BUSINESS [2] - 17:14
BUSINESSES [1] -
16:20
BUT [15] - 5:16; 14:11;
16:4; 17:15, 17;
18:16; 19:7; 21:6, 16,
19; 23:2, 8, 10; 24:11
BUT.. [1] - 15:19
BY [16] - 2:3, 9, 15; 4:9;
5:17; 7:5; 8:21; 9:15;
11:13, 19; 13:9;
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15:25; 17:10; 19:10;
23:19; 24:2
C
CALENDAR [1] - 23:25
CALIFORNIA [11] - 1:3,
17, 24; 2:5, 11, 16;
3:1; 4:11; 26:3, 8
CALL [4] - 3:9; 18:12,14; 23:9
CAN [19] - 3:9; 5:19,
24; 14:4, 11, 24;
17:18; 18:7, 12; 19:7,
14, 18; 20:4, 11;
23:7, 10; 24:21
CAN'T [1] - 19:21
CANCELLATION [1] -
13:5
CASE [17] - 4:15;
14:18; 15:19, 25;
16:12, 16; 17:12;
18:6, 16; 19:14; 20:2;
22:6; 23:17; 24:21
CASES [1] - 21:9
CAUSE [2] - 5:5; 6:21
CAUSED [4] - 8:9, 21;
11:19; 17:10
CENTRAL [4] - 1:3;
4:10; 26:7
CERTIFICATE [1] -
26:1
CERTIFIED [1] - 1:8
CERTIFY [1] - 26:8
CHANG [2] - 1:11; 2:7
CHECK [6] - 4:5; 5:16;
12:17; 20:12, 14
CHECKMARK [1] -
12:21
CHECKMARKS [3] -
5:17, 22; 6:1
CHIEF [1] - 19:25
CHIEFFO [14] - 2:15;
13:19; 14:1; 16:9, 11,
25; 17:6, 9; 18:5;
21:17; 22:2, 23;
23:14; 24:25
CLAIM [16] - 4:17; 5:13;
6:8; 7:2; 9:12; 10:8,
21; 12:8; 13:5; 16:16;
17:4, 7, 11, 13; 18:7
CLAIMS [3] - 16:17;
17:13CLERK [21] - 3:9; 4:6,
9-10; 5:19; 6:6;
12:19, 22; 13:4; 15:1,
6; 16:5; 18:19; 19:24;
20:1, 14, 19, 22;
23:9; 24:21
CODE [1] - 26:9
COLORADO [1] - 2:15
COME [4] - 14:6; 18:20;
24:22
COMING [1] - 21:9
COMMENT [2] - 17:9;
21:18
COMMENTING [1] -
19:4
COMMENTS [1] - 18:6
COMMERCE [1] - 9:21
COMMUNITY [1] -
19:11
COMPLETELY [1] -
21:22
COMPLICATED [1] -
21:19
CONCLUSIONS [1] -
24:9
CONDUCT [1] - 11:9
CONFERENCE [1] -
26:13
CONFORMANCE [1] -
26:12
CONFUSINGLY [2] -
7:18, 20
CONFUSION [2] - 5:5;6:21
CONSCIENCE [1] -
19:11
CONSCIENTIOUS [1] -
19:3
CONSENT [2] - 5:4;
6:20
CONSUMERINFO [15] -
4:23; 5:5; 6:14, 21;
7:5; 8:9, 21; 9:6, 15;
11:13, 19; 12:3, 10;
17:25; 24:4
CONSUMERINFO'S
[13] - 4:16; 5:12; 6:7;7:2; 9:12; 10:7, 10,
16, 21, 24; 17:3;
23:25
CONSUMERINFO.
COM [2] - 1:8; 4:11
CONTAIN [1] - 4:2
CONTINUE [2] - 13:3;
14:5
CONTINUING [1] - 13:4
CONTRIBUTORY [3] -
10:7; 16:24; 17:4
CONTROL [1] - 11:9
CONVERSATION [1] -
21:21COORDINATE [1] -
23:9
COPIES [1] - 15:7
COPY [3] - 15:5; 16:2,
6
CORPORATION [2] -
4:12, 14
CORRECT [5] - 5:21;
6:6; 24:7, 15; 26:10
COULD [5] - 3:14;
14:10; 18:19; 21:6,
24
COULDN'T [1] - 16:18
COUNSEL [13] - 5:20;
12:19, 22; 13:21;
14:22; 15:13; 16:1;
18:2, 17, 23; 20:24;
21:12; 24:18
COUNTERCLAIM [3] -
23:24; 24:1
COUNTERCLAIMS [1]
- 4:15
COUNTING [1] - 22:18
COUNTY [1] - 26:2
COUPLE [1] - 21:21
COURSE [3] - 14:13;
19:15; 22:16
COURT [72] - 1:2, 23;
3:5, 12, 14, 17, 23;
4:1, 4, 10; 5:15; 6:3;
12:16, 24; 13:2, 11,
15, 20, 23; 14:2, 13,
15, 22; 15:1, 5, 12,20, 23; 16:1, 6, 10,
23; 17:2, 8, 21, 24;
18:2, 9, 12, 22; 19:1,
18, 20, 23-25; 20:1,
16, 19, 24; 21:5, 8,
11, 25; 22:7, 12, 18,
24; 23:6, 15, 19, 24;
24:3, 5, 12-13, 17;
26:6, 19
COURT'S [1] - 19:13
COURTHOUSE [1] -
1:23
COURTROOM [6] -
3:13; 14:21; 15:14;18:21; 20:18, 20
CREDIBILITY [1] - 19:6
CRIMINAL [1] - 23:7
CROSS [1] - 6:1
CROSSED [2] - 5:17,
23
CSR [2] - 1:22; 26:19
CV [2] - 1:10; 4:15
CYBERSQUATTING
[8] - 7:2; 8:8, 16, 21;
9:2; 16:17; 17:12;
23:21
DDAMAGE [3] - 8:9, 20;
11:19
DAMAGED [1] - 11:13
DAMAGES [3] - 9:7;
12:4; 17:10
DATE [2] - 22:25; 23:9
DATED [3] - 4:9; 13:9;
26:16
DAY [1] - 1:16
DAYS [1] - 21:21
DECIDED [2] - 22:17;
23:18
DEFENDANT [27] -
1:12; 2:7, 13; 5:3, 11;
7:1, 6, 12-14, 25; 8:1,
7, 13-15; 9:11, 20,
25; 10:1, 6
DEFENDANT'S [2] -
8:2; 9:1
DEFENDANTS [4] -
4:14; 6:19; 16:15;
17:14
DEFENDANTS' [3] -
8:8, 21; 16:19
DEFENSE [1] - 17:1
DELAWARE [2] - 4:13
DELAYED [1] - 21:21
DELETE [1] - 12:21
DID [20] - 5:3; 6:1, 19;
7:6, 14; 8:15; 9:6, 20;
10:1, 9, 15, 23; 11:4;
12:3, 10, 24; 16:2, 4;
19:9; 24:8DIED [1] - 21:19
DIFFICULT [2] - 19:2,
12
DILUTION [1] - 9:12
DILUTIVE [1] - 7:21
DIRECTED [1] - 24:1
DIRECTION [1] - 19:13
DISAGREE [1] - 24:15
DISAPPOINTED [1] -
15:19
DISCUSS [4] - 14:3;
15:25; 18:20
DISCUSSING [1] -
20:21DISREGARD [1] -
12:25
DISREGARDED [2] -
5:18, 23
DISTRICT [7] - 1:2, 5;
4:10; 26:7
DIVISION [2] - 1:4; 4:11
DO [15] - 13:6; 14:7, 18;
16:1; 17:14; 18:16,
18, 25; 20:12; 21:3,
12; 22:21; 23:9;
24:12; 26:8
DOCKET [2] - 24:1, 4
DOES [4] - 4:2, 23;6:14; 22:3
DOMAIN [5] - 7:15, 17,
20; 16:18
DON'T [11] - 3:19;
17:15, 18; 18:15;
19:16; 21:16; 22:9;
23:15, 21; 24:11, 13
DONALD [1] - 3:21
DONE [1] - 14:12
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
DONOIAN [2] - 21:18;
22:3
DOUBLE [1] - 20:14
DOUBLE-CHECK [1] -
20:14
DOWN [1] - 4:4
DT [1] - 12:18
DUE [1] - 24:2
DURING [1] - 22:16
E
EACH [1] - 13:12
EARLIER [1] - 23:5
EARN [1] - 8:15
EAST [1] - 21:20
EITHER [9] - 5:10; 6:25;
7:12, 25; 8:6, 13;
9:10, 24; 10:5
ELSE [3] - 13:23; 18:9;
24:14
ENCOURAGE [1] -
20:19
END [2] - 14:14; 25:1ENOUGH [1] - 22:20
ENTERS [2] - 3:13;
18:21
ENTITLED [1] - 26:11
ENVELOPE [1] - 4:1
EQUITABLE [4] -
20:21; 21:2; 22:17;
24:16
ERIC [1] - 20:1
ESPECIALLY [1] -
23:16
ET [1] - 1:11
EVEN [3] - 14:24;
21:19; 22:16
EVER [1] - 19:4
EVERYBODY [1] -
23:10
EVERYONE [2] - 15:21;
16:6
EVIDENCE [8] - 19:6;
21:13, 16, 23; 22:6,
10, 15
EXAMINER [1] - 12:11
EXCEPT [1] - 22:9
EXCLUSIVE [1] - 19:6
EXCUSE [3] - 18:4, 13;
20:9
EXCUSED [2] - 15:24;
20:15
EXCUSING [1] - 18:25
EXERCISED [1] - 11:8
EXHIBIT [1] - 24:20
EXHIBITS [1] - 24:17
EXITS [2] - 14:21;
20:18
EXPERIENCE [1] - 20:8
EXPLAIN [1] - 19:3
EXTENT [1] - 23:19
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EXTRA [1] - 3:20
F
FACT [3] - 12:12; 19:7;
24:8
FACT-FINDER [1] -
19:7
FAIL [2] - 9:6; 12:3
FAIR [1] - 8:3FAIRBANK [1] - 1:5
FAITH [1] - 7:7
FALSE [1] - 12:10
FAMOUS [3] - 7:19;
9:16; 10:2
FAR [1] - 22:6
FEBRUARY [5] - 22:19,
24; 23:1, 5, 11
FEW [1] - 18:24
FIGUEROA [1] - 2:10
FILE [1] - 21:6
FILED [1] - 23:10
FILLED [2] - 16:4, 7
FIND [3] - 11:4; 13:6;18:7
FINDER [1] - 19:7
FINDING [1] - 17:18
FINDINGS [2] - 15:17;
24:8
FINE [1] - 21:11
FIVE [2] - 14:10, 17
FLAG [1] - 3:16
FOR [29] - 4:5; 5:20;
12:8; 13:5; 14:10, 15,
17, 24; 15:7, 18;
16:14, 16, 21; 17:12,
19-20; 19:1, 8; 20:3,
6; 21:25; 22:9; 23:4,
10; 24:2, 12; 26:6
FOREGOING [1] - 26:9
FOREPERSON [10] -
3:21, 25; 4:3, 9; 6:2;
12:20, 23; 13:1, 10
FORM [11] - 4:5, 8, 16;
12:17, 23; 13:24;
15:6; 16:2; 18:10
FORMAT [1] - 26:12
FOUND [5] - 7:4; 9:13;
17:10, 19; 20:8
FRAUD [2] - 12:8;
15:17
FREE [1] - 18:16
FREECREDITREPOR
T.COM [21] - 4:17, 24;
5:4; 7:4, 7, 16, 18-19,
21; 8:3; 9:14, 16, 21;
10:2, 10, 16, 24;
11:20, 25; 13:7
FREILICH [1] - 2:10
FROM [6] - 3:7; 7:7;
19:4; 20:10; 22:18;
23:25
FUNERAL [1] - 21:20
FURTHER [2] - 15:25;
24:10
G
GENERIC [1] - 13:7
GENERICNESS [1] -
15:17
GENTLEMEN [2] -13:11; 18:24
GET [2] - 20:10; 24:21
GETTING [1] - 21:5
GIVEN [2] - 15:25;
16:21
GO [4] - 14:10; 20:13;
23:16
GOING [1] - 14:4
GOO [2] - 2:9; 15:9
GOOD [3] - 3:5, 17;
20:24
GOODS [3] - 5:6; 6:22
GOSS [18] - 2:9; 3:11;
13:18, 25; 14:24;15:4, 8, 15-16; 16:4;
17:23; 21:4, 10, 14;
22:4, 9, 22; 23:13
GOT [3] - 21:8, 17, 19
GOTTEN [1] - 19:24
GREAT [2] - 22:22
GREENBERG [1] -
2:14
GROUND [1] - 21:25
H
HAD [2] - 11:4, 6
HAND [3] - 4:5, 8
HAPPY [1] - 24:12HARD [4] - 14:16; 19:9,
19; 20:5
HARDWORKING [1] -
19:3
HAS [10] - 3:24; 4:8;
8:8; 16:6, 21; 21:20;
22:6, 17; 23:24;
24:18
HAVE [21] - 4:1; 5:19;
7:6; 12:24; 14:2, 23;
15:20, 23; 17:10,
14-15; 19:20; 20:19;
21:1; 22:4, 15, 24;
23:5, 9, 16HE [1] - 12:20
HE'LL [1] - 4:5
HEARD [1] - 24:2
HELD [1] - 26:11
HER [1] - 19:21
HERE [3] - 15:13; 21:6;
24:18
HEREBY [1] - 26:8
HERRINGTON [1] - 2:8
HIS [1] - 21:18
HOLIDAY [1] - 23:1
HONOR [36] - 3:10; 6:6;
13:17-19, 25; 14:1;
15:3, 8, 10, 16, 22;
16:4, 8-9, 25; 17:23,
25; 18:11; 21:4, 15,
17; 22:2, 4, 14, 17,
22; 23:3, 12-14; 24:7,
10, 24
HONORABLE [1] - 1:5
HOPE [1] - 20:7
HOPING [1] - 21:6
HOW [3] - 16:12; 17:18;
21:3
HOWEVER [1] - 17:11
HUGE [1] - 23:7
I
I'D [2] - 18:14; 19:23
I'LL [6] - 4:6; 14:6;
20:9, 19; 22:24; 23:8
I'M [6] - 15:19; 17:2;19:21; 21:22; 23:6
I'VE [2] - 21:8, 21
IDENTICAL [2] - 7:17,
20
IF [42] - 4:4, 21; 5:1, 10,
21; 6:12, 17, 25; 7:3,
11, 15, 19, 24; 8:6,
12, 20, 25; 9:10, 13,
18, 24; 10:5, 13, 19;
11:2, 11, 16, 18, 23;
12:6, 14, 20; 14:4, 9;
15:5; 18:19; 20:11,
20; 21:6; 24:10, 12,
15
IN [46] - 3:5, 9; 5:5, 14;
6:21; 7:3, 15; 8:20,
25; 9:13, 21; 11:5, 7,
18, 21, 23; 12:2;
14:18; 15:12, 16, 21,
24; 16:2, 20; 17:12;
18:12, 14, 24; 19:17;
20:22, 24; 21:7, 9,
12, 19-20; 22:6, 25;
23:5; 24:3, 20, 22;
26:6, 11
INC [1] - 1:8
INCLINED [1] - 24:17
INCORPORATED [1] -
4:12INDIVIDUALLY [1] -
13:16
INDUCE [1] - 10:15
INFORMATION [2] -
3:20
INFRINGE [3] - 10:9,
16, 23
INFRINGEMENT [8] -
4:17; 5:13; 6:7;
11:14, 20, 25; 23:24;
24:2
INFRINGING [1] - 11:9
INITIALED [1] - 5:17
INITIALLY [1] - 5:16
INITIALS [2] - 12:18, 24
INQUIRE [1] - 18:7
INSTRUCTED [1] -
15:24
INSTRUCTIONS [1] -
15:25
INTENT [1] - 7:7
INTENTION [1] - 21:22
INTENTIONALLY [1] -
10:15
INTERESTING [2] -
15:20; 20:8
INTERPRETATION [1]
- 5:22
INTO [1] - 23:16
INVOLVED [1] - 16:18
IS [71] - 3:24; 4:18,
20-21, 25; 5:1, 5, 8-9,
12; 6:9, 11, 16, 21,23-24; 7:4, 9-10,
22-23; 8:4, 10-11,
17-18; 9:8, 14, 16-17,
22-23; 10:3, 12, 18;
11:1, 10, 15, 21;
12:2, 5, 13, 17, 22;
13:7, 11, 15, 23;
15:13, 23; 16:13;
17:10, 13, 21; 18:7;
19:5, 7; 21:7, 18;
23:1, 5, 19-20; 24:11,
19; 26:9, 12
ISN'T [1] - 18:6
ISSUE [5] - 14:3, 11;16:11; 23:20, 22
ISSUES [8] - 18:20;
20:21; 21:2, 5, 14;
22:17; 23:18; 24:16
IT [21] - 4:2, 4-6; 5:16;
10:2; 14:4, 11; 16:4;
17:11, 16; 19:9; 20:8;
21:8; 22:14; 23:5, 20
IT'S [3] - 14:5; 19:1;
21:19
ITS [2] - 14:16; 24:4
J
JANUARY [4] - 1:18;3:1; 13:9; 26:16
JOE [1] - 19:24
JOINED [1] - 16:20
JOINT [1] - 11:8
JOSHUA [1] - 2:4
JUDGE [3] - 1:5; 19:4,
6
JUDGMENT [3] - 16:21;
24:16, 18
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
JUDICIAL [1] - 26:13
JUROR [1] - 19:10
JURORS [10] - 3:9, 14,
18; 13:14; 18:15, 18,
23; 19:1; 20:9, 19
JURY [37] - 3:7, 13, 24;
13:9, 11, 15, 24;
14:3, 10, 12, 15-18,
21; 15:13, 24; 16:12,
21; 17:18; 18:4, 7,
12, 15, 21; 19:3, 5, 8,
17; 20:7, 10, 13, 18,
25; 24:3
JURY'S [5] - 15:17;
16:14; 19:4; 21:15;
23:20
JUST [4] - 14:7; 20:15;
21:17
K
KAYE [1] - 2:3
KEEP [1] - 24:17
KENT [1] - 2:9
KINDLY [1] - 14:16
KNOW [9] - 3:7; 15:6;
18:19; 19:24; 20:15,
22; 21:24; 22:3;
23:22
KNOWLEDGEABLE
[1] - 20:4
L
LADIES [2] - 13:11;
18:24
LARGE [1] - 24:19
LATE [1] - 21:7
LAUGHTER [1] - 19:22LAW [3] - 19:4; 21:19;
24:9
LEAST [1] - 16:11
LEAVING [1] - 14:6
LET [4] - 15:6; 18:19;
20:15, 22
LIABILITY [12] - 10:7,
21; 16:13, 17, 22, 24;
17:4-6, 12; 18:8
LIABLE [2] - 17:19
LIGHT [1] - 15:16
LIKE [7] - 14:22; 15:5;
18:17; 19:17, 23;
20:20; 24:22LIKELY [2] - 5:5; 6:21
LIMITED [1] - 4:13
LINE [1] - 12:25
LITTLE [2] - 21:5, 25
LLC [2] - 2:13; 4:14
LLP [2] - 2:3, 14
LODGED [1] - 24:8
LONGER [2] - 19:13;
22:1
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LOOK [2] - 17:3; 23:7
LOS [6] - 1:17, 24; 2:5,
11; 3:1; 26:2
LP [1] - 4:13
M
MADE [1] - 20:7
MAKE [3] - 12:10; 15:6;
17:18MAKING [1] - 17:17
MANNER [2] - 5:5; 6:21
MARK [5] - 7:8, 16,
18-19, 21
MARKETING [18] -
2:13; 4:14; 5:8; 6:23;
7:9, 22; 8:4, 10, 17,
22; 9:3, 8, 22; 10:3,
8, 15, 22; 16:13
MARKETING'S [1] -
21:22
MATERIAL [1] - 12:12
MATTER [2] - 23:7;
26:11MAY [3] - 5:20; 22:4;
23:3
MAYBE [2] - 22:9;
23:15
ME [8] - 4:5; 13:23;
14:7, 23; 17:16; 23:4;
24:15
MEAN [2] - 6:1; 12:24
MEANT [1] - 12:21
MIGHT [3] - 15:20;
21:5, 8
MINUTES [3] - 14:10,
17, 24
MISUNDERSTOOD [1]
- 22:4
MITIGATE [2] - 9:7;
12:4
MOMENT [1] - 13:21
MOMENTS [1] - 18:24
MONDAY [2] - 22:19;
23:2
MONICA [1] - 2:16
MOOT [1] - 23:25
MORE [4] - 15:25;
21:19, 23; 22:21
MOTHER [1] - 21:19
MOTHER-IN-LAW [1] -
21:19
MOTION [4] - 17:17;
24:1, 4
MR [44] - 3:10, 21; 4:7;
5:17, 19, 21, 24; 6:4;
13:3, 18-19, 25; 14:1,
9, 24; 15:4, 8, 15-16;
16:4, 9, 11, 25; 17:6,
9, 23; 18:5, 14;
20:12; 21:4, 10, 14,
17-18; 22:2-4, 9,
22-23; 23:13; 24:25
MS [17] - 13:17; 15:3,
9-10, 22; 16:8; 17:24;
18:5, 11; 19:21;
22:13; 23:3, 12; 24:7,
24
MUCH [8] - 6:3; 14:20;
19:12; 20:8, 16, 22;
21:12; 24:23
MY [13] - 3:9; 5:19;12:19; 14:9; 15:1, 6;
17:9; 18:19; 19:18;
20:19, 22; 23:9
MYSELF [1] - 18:25
N
NAME [3] - 7:15, 17, 20
NAMES [2] - 16:18
NECESSARILY [1] -
24:11
NECESSARY [2] -
24:11, 20
NECESSITY [1] - 24:13
NEED [7] - 15:5, 18;
18:3, 6, 15; 19:16;
20:12
NEXT [18] - 4:21; 5:1;
6:13, 18; 7:12, 25;
8:7, 13, 19, 24; 9:5,
19, 25; 10:14; 11:3,
12, 17, 22
NO [38] - 3:19; 5:8-10,
25; 6:23-25; 8:4-6;
9:8-10; 10:3-5, 18-19;
12:5, 13-14, 17, 25;
13:8, 17-19, 25; 14:1;
15:1, 18; 17:11, 23;
18:11; 19:13; 24:15
NORTH [1] - 1:24
NOT [13] - 14:18; 15:13,
24; 16:4, 16, 20;
17:19; 18:7; 19:13,
21; 21:22; 22:6
NOTE [7] - 3:6, 18, 23;
4:1; 18:22; 23:23
NOTEBOOKS [1] -
24:20
NOTICED [1] - 19:2
NOW [4] - 14:5, 18;
16:21; 21:20
NUMBER [27] - 4:15,
18, 23; 5:3; 6:9, 14,19; 7:6, 14; 8:2, 8,
15, 25; 9:6, 16, 20;
10:1, 9, 23; 11:4, 13,
18, 23; 12:3, 10;
13:6; 24:19
NUMBERS [1] - 3:15
O
O'CLOCK [2] - 14:5;
23:17
OBVIOUSLY [1] -
17:17
OF [69] - 1:1, 3; 2:2, 4,
7, 13; 3:6, 18; 4:11;
5:4, 6-7; 6:20, 22;
7:21; 8:2, 20; 9:1;
11:19, 24-25; 13:11;
14:12; 15:6, 16, 18;
16:1, 13; 17:20, 22;18:1, 7, 23, 25;
19:6-8, 11, 15; 20:25;
21:12, 16, 20-22;
22:5, 10, 16, 25;
23:25; 24:8, 20; 25:1;
26:1-3, 7, 10, 13
OFF [1] - 21:17
OFFICE [1] - 12:9
OFFICIAL [3] - 1:23;
26:6, 19
OKAY [7] - 16:6; 18:14;
21:10; 22:11, 23-24;
24:22
ON [20] - 2:2, 7, 13;12:8; 15:17; 16:13,
17; 17:13, 21; 18:8,
25; 19:4; 20:1, 7;
21:14; 22:11, 16;
23:11
ONE [29] - 4:12, 18;
5:9; 6:24; 7:10, 23;
8:5, 11, 18, 22; 9:3,
9, 23; 10:4, 9, 15, 23;
11:5, 8, 19, 24; 12:8;
13:4, 21; 16:11;
17:10, 22; 22:10
ONLY [2] - 7:3; 9:13
ONTO [1] - 13:4
OPTIMISTIC [1] - 21:6
OR [25] - 3:19; 5:4, 24;
6:20; 7:15, 17-18, 21;
8:3; 10:10, 17, 24;
11:7, 9; 14:7, 18-19;
16:19, 24; 17:4; 18:3;
19:14; 22:10, 20;
23:2
ORDINARY [2] - 5:6;
6:22
ORIGINAL [1] - 1:8
ORRICK [1] - 2:8
OTHER [1] - 21:9
OUR [1] - 22:14
OUT [7] - 5:17, 23; 6:1;
14:23; 16:5, 7; 20:12
OUTSIDE [2] - 14:12;
20:25
OVER [2] - 11:9
OWN [2] - 4:23; 6:14
OWNED [2] - 7:5; 9:15
OWNERSHIP [1] - 11:8
P
P.T.O [3] - 12:9, 11;
15:17
PACKED [1] - 23:8
PAGE [1] - 26:12
PAID [3] - 16:13; 17:13
PARDON [1] - 17:2
PART [1] - 16:1
PARTIES [5] - 3:7;11:6; 15:13; 18:23
PARTNERSHIP [1] -
4:13
PASS [1] - 4:4
PATENT [1] - 12:9
PAUSE [1] - 5:14
PERSONAL [1] - 21:18
PERSUADED [1] -
23:19
PERTAINING [2] -
23:23; 24:5
PHASE [2] - 14:3;
15:18
PHONE [1] - 21:17PIECE [1] - 15:18
PIECES [1] - 22:10
PLAINTIFF [3] - 1:9;
2:2; 4:12
PLAN [1] - 22:25
PLEASE [13] - 3:5, 17,
19; 5:11; 8:20, 25;
11:18, 23; 12:6; 13:3;
15:12; 18:14, 22
PM [1] - 3:1
POLLED [1] - 13:16
PORTION [1] - 23:25
POSSESSIONS [1] -
20:10POSSIBLE [1] - 23:5
PRECLUDES [1] - 19:4
PREPARED [2] - 24:16,
18
PRESENCE [5] - 3:6,
18; 14:12; 18:22;
20:25
PRESENT [1] - 20:25
PRESENTATION [2] -
21:13; 22:5
PRESENTED [5] -
13:12; 22:15; 23:21
PRESIDENT'S [1] -
23:1PRETTY [1] - 23:8
PRIOR [1] - 17:1
PROBLEM [3] - 15:1;
21:8; 23:3
PROCEED [27] - 4:21;
5:1, 11; 6:12, 17; 7:1,
12, 25; 8:7, 13, 19,
24; 9:5, 11, 18, 25;
10:6, 13, 19; 11:2,
11, 16, 22; 12:7, 14;
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
20:21; 21:3
PROCEEDING [2] -
5:14; 6:4
PROCEEDINGS [2] -
25:1; 26:11
PROFIT [1] - 7:7
PROFITS [3] - 8:15;
9:1; 11:24
PROFUSELY [2] -
14:15; 20:6
PROPOSED [1] - 24:8
PROTECTABLE [5] -
4:19; 6:10; 7:4, 16;
9:14
PURCHASERS [2] -
5:6; 6:22
PURSUANT [1] - 26:8
Q
QUESTION [64] - 4:22;
5:2, 10, 15, 22; 6:9,
12-14, 17-19, 25; 7:6,
11-12, 14, 24-25; 8:2,6-8, 12-13, 15, 19,
24-25; 9:5, 10, 16,
18-20, 24-25; 10:1, 5,
9, 13-14, 19, 23;
11:2-4, 11-13, 16-18,
22-23; 12:3, 6, 10,
14, 17, 19; 13:6; 16:1
QUESTIONS [2] - 7:3;
9:13
R
RAISE [2] - 16:11;
17:16
RAMALLO [1] - 3:10RATHER [1] - 24:3
REACHED [2] - 3:8, 24
READ [4] - 4:7, 9;
13:12; 16:5
READY [3] - 15:2;
18:19; 20:21
REALLY [2] - 19:9
RECALL [3] - 16:16;
23:6; 24:3
RECEIVE [1] - 16:2
RECEIVED [2] - 3:7, 23
RECENTLY [1] - 3:23
RECESS [2] - 15:11;
20:23REFERRING [1] -
16:23
REGARD [1] - 16:2
REGARDING [3] -
12:11; 18:9; 23:21
REGISTER [1] - 7:14
REGISTERED [2] -
7:17, 20
REGULATIONS [1] -
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26:12
RELATED [4] - 4:15;
14:19; 19:15
REMAIN [1] - 20:21
REMAINING [3] -
18:20; 21:1, 15
REMIGIO [6] - 4:7; 6:4;
13:3; 18:14; 19:24;
20:12
REMOVED [1] - 23:24
REPORTED [1] - 26:10
REPORTER [7] - 1:23;
19:20, 25; 26:1, 6, 19
REPRESENTATION [1]
- 12:11
REQUEST [2] - 13:15;
24:9
REQUESTED [1] - 24:4
RESOLVE [1] - 14:11
RESOLVED [1] - 24:16
RESPECT [5] - 5:15;
12:16; 18:1; 23:4;
24:9
RETURN [2] - 3:14;14:17
RHONDA [1] - 2:3
RIGHT [10] - 3:12;
12:16; 13:20; 14:2;
17:8; 20:16; 22:12,
18; 23:15; 24:14
RISE [1] - 20:9
ROOM [8] - 1:24; 14:4,
10, 17-18; 15:24;
20:10, 13
ROSALYN [4] - 1:22;
19:25; 26:6, 19
RULE [3] - 23:25; 24:4
S
SACRIFICE [1] - 20:7
SALUTE [1] - 3:16
SANTA [1] - 2:16
SAY [2] - 13:13; 19:8
SCHOLER [1] - 2:3
SEARCH [3] - 16:14;
17:14
SEAT [1] - 3:15
SEATED [4] - 3:5, 17;
15:12; 18:22
SECTION [34] - 4:16;
5:11, 15, 22; 6:5, 7;
7:1-3; 9:11-13; 10:6,
20-21; 12:7, 15, 17,
20, 25; 13:4;
16:23-25; 17:1, 3-4,
6; 18:3; 23:21; 26:8
SEE [7] - 17:18; 19:18,
20-21; 20:4; 23:8;
24:13
SEEM [2] - 17:16; 23:20
SEND [1] - 14:3
SEPARATE [2] - 16:19;
17:15
SERVE [1] - 20:7
SERVING [1] - 19:1
SETH [1] - 2:10
SHALL [1] - 14:3
SHORTLY [1] - 21:24
SHOULD [7] - 5:18, 23;
14:11; 18:3; 20:10;
21:3; 23:18
SHOW [5] - 5:19-21;
12:19
SHOWING [2] - 12:22
SIDEBAR [2] - 13:22;
14:14
SIDES [2] - 5:20; 20:4
SIGNED [2] - 4:8; 13:9
SIMILAR [5] - 5:4; 6:20;
7:18, 21; 8:3
SIMULTANEOUSLY [1]
- 23:11
SINCE [2] - 14:2; 23:16
SO [11] - 5:17; 13:13;
14:6; 15:16; 16:6;17:16; 18:17; 19:23;
21:21, 25; 22:18
SOLE [1] - 19:5
SOLELY [2] - 16:13;
17:13
SOME [2] - 15:6; 21:16
SOMETHING [1] -
22:20
SOMETIME [1] - 23:2
SOMEWHAT [1] -
24:17
SOURCE [3] - 5:6; 6:22
SOUTH [1] - 2:10
SPEAK [1] - 20:11SPRING [1] - 1:24
SS [1] - 26:3
STAFF [3] - 19:18, 23;
24:22
STAMBAUGH [2] - 2:4;
14:9
STAND [1] - 19:20
STARS [1] - 2:4
STARTED [1] - 21:21
STARTING [2] - 23:6
STATE [1] - 26:3
STATES [9] - 1:1, 5, 23;
4:10; 12:9; 26:7, 9,
13STATING [1] - 3:8
STENOGRAPHICALL
Y [1] - 26:10
STEP [1] - 14:23
STILL [3] - 14:2; 15:23;
21:1
STORM [1] - 21:20
STREET [2] - 1:24; 2:10
SUBJECTS [1] - 19:15
SUBMIT [1] - 24:8
SUGGEST [1] - 18:2
SUGGESTION [1] -
14:9
SUIT [1] - 20:22
SUITE [3] - 2:5, 11, 16
SURE [3] - 3:14; 15:19;
21:22
SUSPECT [2] - 18:17;
24:19
SUTCLIFFE [1] - 2:8
SYSTEM [1] - 19:1
T
TAKE [1] - 14:22
TALK [7] - 14:18;
18:16-18; 19:14;
24:21
TALKING [1] - 22:5
TALL [1] - 19:21
TASK [2] - 19:2, 12
TECHNOLOGIES [21] -
4:13; 5:9; 6:24; 7:10,23; 8:5, 11, 18, 23;
9:4, 9, 23; 10:4, 9,
16, 23; 11:5, 8;
17:11, 22
TECHNOLOGIES' [4] -
11:19, 24; 12:8; 13:5
TELL [3] - 14:6; 18:15
TERM [3] - 5:4; 6:20;
8:3
THAN [1] - 24:3
THANK [30] - 3:12; 6:3;
12:21; 13:2; 14:13,
15, 20; 15:2-4, 8-10;
18:12, 18, 20; 19:1,
12, 18, 23; 20:3, 6, 8,
16, 22; 21:4; 24:22,
24
THANKFUL [1] - 19:8
THANKING [1] - 19:17
THAT [70] - 3:23; 4:1;
5:5, 11, 16, 22; 6:21;
7:1, 12, 15, 25; 8:7,
13, 16; 9:1, 11, 25;
10:6; 11:4, 6-7, 24;
13:6, 15; 14:25; 16:2,
6, 18; 17:9, 13, 16,
19-20; 18:1, 7, 15;
19:2, 5, 8-9, 18;
20:21; 21:6, 11, 14,25; 22:2, 6, 11, 15,
17, 20, 22-23; 23:3,
9, 18, 20, 22-23;
24:3, 9, 12, 20; 26:8,
11
THAT'S [2] - 5:21; 24:7
THE [341] - 2:4; 3:5-7,
9, 12-14, 17-18,
21-23, 25; 4:1-4, 6,
8-10, 20-21, 25; 5:1,
3-4, 6-9, 15-16,
21-22; 6:1-3, 6, 11,
13, 16, 18-20, 22-24;
7:3, 6-7, 9-10, 12,
14-19, 21-23, 25; 8:2,
4-5, 7, 10-11, 13,
17-20, 24-25; 9:5,
8-9, 13, 17, 19-20,
22-23, 25; 10:1, 3-4,12, 14, 18; 11:1, 3,
5-6, 9-10, 12, 15,
17-18, 22-23, 25;
12:5, 8, 11, 13, 16,
18, 20-25; 13:1, 4,
8-9, 11-12, 15, 20,
23-24; 14:2-4, 10-13,
15-22; 15:1, 5-6,
12-13, 16-18, 20,
23-24; 16:1, 3, 6, 10,
12, 14, 16-19, 21, 23;
17:1-3, 6, 8-10,
12-14, 18-19, 21, 24;
18:1, 4, 6-7, 9, 12,14-17, 20-23; 19:1, 3,
5-8, 10-11, 13, 17,
20, 23-25; 20:1, 3, 6,
9-11, 13-14, 16,
18-22, 24-25; 21:1, 5,
8, 11-12, 14-15, 17,
20-21, 25; 22:5-7, 12,
16, 18-19, 24-25;
23:1, 6-7, 10, 15,
18-19, 24-25; 24:2,
12-13, 16-18, 21;
26:6, 9
THEIR [2] - 3:15; 17:15
THEM [7] - 14:6; 18:13,
18-19; 20:15
THEN [6] - 5:16, 21;
6:4; 12:18, 20; 18:18
THERE [17] - 5:16;
12:17; 13:15, 23;
15:17, 21, 23; 16:16;
17:1; 18:6; 21:15, 23;
22:8; 23:22; 24:15,
19
THERE'S [2] - 17:11;
24:19
THEY [12] - 5:18; 14:9;
16:6, 20; 17:15, 19;
18:7, 15; 19:18; 20:5,
12THEY'RE [3] - 14:5;
18:16; 20:4
THEY'VE [2] - 3:8;
20:15
THINK [11] - 14:10, 24;
18:5; 21:3, 14, 23;
22:10; 24:11
THIRD [3] - 11:6; 22:19
THIS [41] - 5:10, 19-20;
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT
6:12, 17, 25; 7:3, 11,
24; 8:6, 12; 9:10, 13,
18, 24; 10:5, 13, 19;
11:2, 11, 16; 12:6,
14, 20; 13:12, 24;
14:18; 15:25; 16:12;
17:12, 16-17; 18:7;
19:12, 14-15; 21:18;
24:2, 13
THOMAS [4] - 3:21;5:17, 21, 24
THOSE [1] - 21:6
THREE [3] - 5:3; 20:3;
21:7
THROUGH [2] - 12:25;
20:20
THUS [1] - 22:6
TIME [8] - 7:17, 19;
13:24; 14:16; 22:1,
20-21; 24:13
TITLE [1] - 26:9
TO [192] - 3:14; 4:4-7,
9, 21; 5:1, 5-6, 8-11,
15, 19-20; 6:1, 12,17, 21-23, 25; 7:1, 7,
9, 11-12, 18, 22,
24-25; 8:4, 6-7, 10,
12-13, 16-17, 19-20,
22, 24; 9:1, 3, 5-6, 8,
10-11, 18, 22, 24-25;
10:3, 5-6, 13, 16, 19;
11:2, 5-6, 11, 16, 19,
22, 24; 12:3, 6-7, 11,
14, 16, 19-21, 23-24;
13:23; 14:3, 6-7, 10,
15-17, 19-20, 22;
15:24; 16:1, 12, 23;
17:3, 10, 16, 21;
18:1, 3, 6, 14-17, 20,
25; 19:14-17, 20, 23;
20:3, 6-7, 11-13,
20-21; 21:1, 4; 22:15,
20, 24-25; 23:4, 9,
16, 19-21, 23; 24:1,
5, 9, 12, 17, 22; 26:8
TOGETHER [3] - 17:14;
24:21
TOMORROW [1] - 14:6
TOO [2] - 21:7; 22:3
TORT [1] - 17:20
TRADEMARK [12] -
4:16, 19, 24; 5:12;
6:7, 10, 15; 7:5; 9:14;
12:9, 11; 23:24
TRADEMARKS [2] -
10:11, 25
TRAFFIC [1] - 7:15
TRAFFIC-IN [1] - 7:15
TRANSACTIONS [2] -
11:5, 7
TRANSCRIPT [2] -
26:10, 12
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