1 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF VERMONT 3 ---------------------------------x 4 GRAPHICS DISCOVERY, et al., ) 5 Plaintiff, ) 6 v. ) Civil Action No.: 7 HASBRO RIDING LAWN MOWERS and ) 10-CV-10X-LAD 8 HASBRO TOOTHBRUSH CORP., ) 9 Defendants. ) 10 ---------------------------------x 11 12 (Add Confidential Designation here, if application) 13 14 Videotaped Deposition of GRAPHICS DISCOVERY, 15 By and through its Designated Representative, 16 LEONARD SKYNYRD 17 Minato-ku, Tokyo 18 Monday, December 15, 2014 19 9:11 a.m. 20 21 22 23 Job No.: 12345 24 Pages: 1 - 16 25 Reported by: Lisa Bingington, RPR, CA CSR No. 12345 2 1 Videotaped deposition of LEONARD SKYNYRD, at 2 the offices of: 3 4 5 AMERICAN CONSULATE GENERAL 6 1-10-5 Akasaka 7 Minato-ku, Tokyo 107-8420 Japan 8 03-3224-5000 9 10 11 12 Pursuant to Notice, before Lisa 13 Bingington, a Registered Professional Reporter and 14 Certified Shorthand Reporter in and for the State of 15 California. 16 17 18 19 20 21 22 23 24 25 3 1 A P P E A R A N C E S 2 ON BEHALF OF GRAPHICS DISCOVERY, INC.: 3 MICHAEL J. THOMPSON, ESQUIRE 4 MATTHEW S. JONES, ESQUIRE 5 CALVERTON LAW OFFICE 6 1601 Financial Street 7 Suite 110 8 Boston, Massachusetts 02111 9 (617) 555-1212 10 11 ON BEHALF OF GRAPHICS LIABILITY, INC.: 12 RAY W. LEWIS, ESQUIRE 13 CINDY CRAWFORD, ESQUIRE 14 BEAUTIES LAW FIRM 15 123 Main Street 16 Suite 610 17 Rockville, Maryland 20852 18 (301) 555-1212 19 20 21 22 23 24 25 4 1 A P P E A R A N C E S C O N T I N U E D 2 ON BEHALF OF HASBRO RIDING LAWN MOWERS and 3 HASBRO TOOTHBRUSH CORPORATION: 4 RYAN S. STEVENSON, ESQUIRE 5 GREAT LAW FIRM 6 987 South Figueroa Street 7 10th Floor 8 Los Angeles, California 90017 9 (213) 555-1212 10 -and- 11 MICHAEL J. JAGGER, ESQUIRE 12 GREAT LAW FIRM 13 567 North Glebe Road 14 11th Floor 15 Arlington, Virginia 22203 16 (703) 555-1212 17 18 ALSO PRESENT: 19 ZACH HONE, Videographer 20 ANDREW SAN, Lead Interpreter 21 GRACE W. SAN TOO, Check Interpreter 22 23 24 25 5 1 C O N T E N T S 2 EXAMINATION OF LEONARD SKYNYRD PAGE 3 By Mr. Thompson 8 4 By Mr. Jones 11 5 By Mr. Stevenson 11 6 By Mr. Thompson 12 7 By Mr. Stevenson 12 8 9 10 E X H I B I T S 11 (Attached to transcript) 12 SKYNYRD DEPOSITION EXHIBIT PAGE 13 Exhibit 14 Spreadsheet 9 14 Bates No. TAIS012356 15 Exhibit 15 Spreadsheet 9 16 Bates No. TAIS881122 17 Exhibit 16 Spreadsheet 9 18 Bates No. TAIS881123 19 Exhibit 17 Spreadsheet 9 20 Bates No. TAIS881124 21 Exhibit 18 Spreadsheet 9 22 Bates No. TAIS881125 23 Exhibit 19 Spreadsheet 9 24 Bates No. TAIS881126 25 6 1 E X H I B I T S C O N T I N U E D 2 SKYNYRD DEPOSITION EXHIBIT PAGE 3 Exhibit 20 Spreadsheet 9 4 Bates No. TAIS881127 5 Exhibit 21 Spreadsheet 9 6 Bates No. TAIS881128 7 8 9 PREVIOUSLY MARKED EXHIBITS 10 JAGGER DEPOSITION EXHIBIT PAGE 11 Exhibit 11 Music Song Sheet #25 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 1 LISA BINGINGTON, Registered Professional 2 Reporter, after having been duly sworn and/or 3 affirmed by the Consular Officer to stenographically 4 report the videotaped deposition, transcribed the 5 following: 6 (ANDREW SAN, Lead Interpreter herein, and 7 GRACE W. SAN TOO, Check Interpreter herein, after 8 having been duly sworn and/or affirmed by the 9 Consular Officer to interpret from English to 10 Japanese and from Japanese back into English, 11 interpreted the following:) 12 LEONARD SKYNYRD, 13 being first duly sworn and/or affirmed by the 14 Consular Officer, testified through the interpreter 15 as follows: 16 LEONARD SKYNYRD, 17 having been first duly sworn, testified as follows: 18 P R O C E E D I N G S 19 THE VIDEOGRAPHER: Here begins tape number 20 one of the videotaped deposition of Leonard Skynyrd, 21 in the matter of Graphics Discovery, Inc., et al., 22 versus Hasbro Riding Lawn Mowers and Hasbro 23 Toothbrush Corp., in the U.S. District Court for the 24 District of Vermont, and also, U.S. International 25 Trade Commission, Washington, DC, Case Number 8 1 10-CV-10X-LAD. 2 Today's date is December 15th, 2014, and 3 the time on the video monitor is 9:11 a.m. The 4 videographer today is Zach Hone, representing Planet 5 Depos. 6 This video deposition is taking place at 7 the American Consulate General's office located at 8 1-10-5 Akasaka; Minato-ku, Tokyo 107-8420 Japan. 9 Would counsel please voice identify 10 themselves and state whom they represent. 11 MR. THOMPSON: This is Mike Thompson of 12 Calverton Law Firm for Graphics and Matt Jones. 13 MR. STEVENSON: Ryan Stevenson of Great 14 Law Firm for Hasbro. And Mike Jagger of Great Law 15 Firm for Hasbro as well. 16 MR. THOMPSON: That should be everyone. 17 Are we ready to get started now? 18 MR. STEVENSON: Yes, that is everyone, and 19 I am ready, too. 20 THE VIDEOGRAPHER: The court reporter 21 today is Lisa Bingington, representing Planet Depos. 22 EXAMINATION 23 BY MR. THOMPSON: 24 Q Sir, can you please state your name and 25 address for the record, along with the name and 9 1 address of your current employer? 2 (Interruption in the proceedings.) 3 THE VIDEOGRAPHER: Off record, the time 4 is 9:13 a.m. 5 (A discussion was held off the record.) 6 (Deposition Exhibits 14 through 19 were 7 marked for identification and attached to the 8 transcript.) 9 Q What is your position with Hasbro? 10 A I work mainly on jobs related to software 11 development for Rock Band Wii systems. There are 12 other units, but these are the ones I work on. I 13 really don't like working on the other units. I 14 mainly program the instrumental part of the program. 15 I can always do the other programming, too. 16 Q Does Hasbro design computers for Wii? 17 A With regard to computer design for Hasbro 18 products, if you are talking about design of 19 hardware and software, they are jointly done with 20 third parties. 21 Q Particularly with respect to hardware, 22 does Hasbro design -- 23 (Interruption in the proceedings.) 24 THE VIDEOGRAPHER: Off record, the time 25 is 9:16 a.m. 10 1 (A recess was taken.) 2 THE VIDEOGRAPHER: Back on the record, 3 the time is 9:25 a.m. 4 BY MR. THOMPSON: 5 Q Sir, have you ever been deposed before? 6 A No, I haven't. 7 (Deposition Exhibits 20 and 21 were 8 marked for identification and attached to the 9 transcript.) 10 Q Throughout the day I'm going to ask you a 11 series of questions. If you answer the question, 12 I'll assume that you understood it. If you have any 13 questions about what certain things mean, please let 14 me know and I'll try to clarify. Can you do that 15 for me? We want to make this as comfortable as 16 possible for you. Okay? 17 A Yes. 18 (Premarked Jagger Exhibit 11 is attached 19 to the transcript.) 20 Q After I ask a question, your counsel may 21 object. Please, after your counsel objects, go 22 ahead and answer the question unless your counsel 23 instructs you not to answer. Can you do that? 24 A Understood. 25 MR. THOMPSON: I have no more questions 11 1 for this witness. 2 EXAMINATION 3 BY MR. JONES: 4 Q As to the hardware for the small 5 computers, Hasbro works with third parties to design 6 that hardware; is that right? 7 MR. STEVENSON: Objection. Vague. 8 A Basically, that's true. 9 Q What aspects of the hardware for the 10 small computers does Hasbro design? 11 A So with regard to the design work, 12 basically, we make decisions on the chassis of the 13 product and we make decisions on function 14 specifications. 15 MR. JONES: I have no further questions 16 at this time. 17 EXAMINATION 18 MR. STEVENSON: 19 Q What are, pieces of specifications, as 20 they relate to these computers? 21 A Screen size, peripherals, capability, 22 mounted processors, color, capacity. Things like 23 speed of the processors also plays in the matter. 24 There are so many different things that need to be 25 considered when these units are designed. It's hard 12 1 to think of everything right now, but there are a 2 lot of specs. 3 Q Does Hasbro actually specify the 4 particular components to be used in the computers? 5 MR. JAGGER: Objection. Vague. 6 A In the case of developments with a second 7 vendor, discussions are made with the third vendor 8 before decisions are made about a fourth vendor. 9 MR. STEVENSON: I have no more questions. 10 RE-EXAMINATION 11 BY MR. THOMPSON: 12 Q During those discussions, does Hasbro 13 actually choose the pieces to be used in the small 14 computers? 15 MR. STEVENSON: Same objection. 16 A We have the candidate present -- we have 17 the third vendor present candidates and we select 18 from amongst them. 19 MR. THOMPSON: I have no more questions. 20 RE-EXAMINATION 21 BY MR. STEVENSON: 22 Q Are the circuit configurations for the 23 main chip and the interconnections between the main 24 chip and the other chips within the small computer 25 smaller? 13 1 A Hasbro is not in charge of such design 2 for the main chips in over 25 years. The design is 3 perfect. The main chip and the other chips were 4 initially built to be very tiny and continue to be 5 today. 6 Q After that design activity is completed, 7 does Hasbro review -- or receive and review 8 schematics of the small computers designed by the 9 third parties? 10 A I think it does. 11 Q Does Hasbro approve those schematics 12 prior to the small computers beginning manufacture? 13 MR. JAGGER: Objection. Vague. 14 A We not only look at the floor plans, but 15 we also look at the product when we do the approval 16 work. 17 Q The product that you do the approval work 18 on, is that a sample of the product? 19 A So we evaluate the sample and approve 20 that before we put it to mass production. 21 MR. STEVENSON: I think we are done 22 today. I have no more questions for this witness. 23 MR. THOMPSON: Great. Thank you. 24 MR. JAGGER: We have no questions. 25 THE VIDEOGRAPHER: This concludes today's 14 1 deposition. Off the record. The time is 9:27. 2 (Off the record at 9:27 a.m.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15 1 ACKNOWLEDGMENT OF DEPONENT 2 3 I, LEONARD SKYNYRD, do hereby acknowledge that 4 I have read and examined the foregoing testimony, 5 and the same is a true, correct, and complete 6 transcription of the testimony given by me, and my 7 corrections appear on the attached errata sheet 8 signed by me. 9 10 _____________________________________________ 11 (Date) (Signature) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 1 CERTIFICATE OF REPORTER 2 (MINATO-KU, TOKYO) 3 4 I, Lisa Bingington, RPR, CA CSR No. 12345, do 5 hereby certify that the aforementioned witness was 6 first duly sworn by the Consular Officer to testify 7 the whole truth; that I was authorized to and did 8 report said deposition in stenotype; and that the 9 foregoing pages are a true and correct transcription 10 of my shorthand notes of said deposition. 11 I further certify that said deposition was 12 taken at the time and place hereinabove set forth 13 and that the taking of said deposition was commenced 14 and completed as hereinabove set out. 15 I further certify that I am not attorney or 16 counsel of any of the parties, nor am I a relative 17 or employee of any attorney or counsel of party 18 connected with the action, nor am I financially 19 interested in the action. 20 IN WITNESS WHEREOF, I have hereunto set my 21 hand this 6th day of March, 2015. 22 23 24 ________________________________________ 25 Lisa Bingington, RPR, CA CSR No. 12345