V Chang Jury Verdict

1 UNITED STATES OF AMERICA
2 UNITED STATES DISTRICT COURT
3 CENTRAL DISTRICT OF CALIFORNIA
4 CENTRAL DIVISION
- - -
5 HONORABLE VALERIE BAKER FAIRBANK
UNITED STATES DISTRICT JUDGE
6 - - -
8 CONSUMERINFO.COM, INC., )
) CERTIFIED ORIGINAL
9 PLAINTIFF, )
)
10 VS. ) CV 09-03783-VBF(MAN)
)
11 ALEX CHANG, ET AL. )
)
12 DEFENDANT. )
________________________________)
13
14
15
16 TRIAL, DAY 17
17 LOS ANGELES, CALIFORNIA
18 WEDNESDAY, JANUARY 12, 2011
19
20
21
22
ROSALYN ADAMS, CSR 11794
23 OFFICIAL COURT REPORTER
100 UNITED STATES COURTHOUSE
24 312 NORTH SPRING STREET, ROOM 410
LOS ANGELES, CALIFORNIA 90012
25 (213) 894-2665
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT

2
1 APPEARANCES:
2 ON BEHALF OF PLAINTIFF:
3 KAYE SCHOLER LLP

BY: RHONDA R. TROTTER
4 JOSHUA STAMBAUGH
1999 AVENUE OF THE STARS
5 SUITE 1700
6 (310) 788-1000
7
ON BEHALF OF DEFENDANT, ALEX CHANG:
8
ORRICK HERRINGTON SUTCLIFFE
9 BY: KENT B. GOSS
VALERIE M. GOO
10 SETH E. FREILICH
777 SOUTH FIGUEROA STREET
11 SUITE 3200
12 (213) 612-2020
13
ON BEHALF OF DEFENDANT, ADAPTIVE MARKETING LLC:
14
GREENBERG TRAURIG LLP
15 BY: VINCENT H. CHIEFFO
2450 COLORADO AVENUE
16 SUITE 400E
SANTA MONICA, CALIFORNIA 90404
17 (310) 586-7700
18
19
20
21
22
23
24
25

3
1 LOS ANGELES, CALIFORNIA; WEDNESDAY, JANUARY 12, 2011; 1:30 PM
2 --000--
5 THE COURT: GOOD AFTERNOON. PLEASE BE SEATED. IN
6 THE TRIAL I NOTE THE PRESENCE OF THE ATTORNEYS AND THE
7 PARTIES. AS YOU KNOW, WE RECEIVED A NOTE FROM THE JURY,
8 STATING THEY'VE REACHED A UNANIMOUS VERDICT.
9 CAN MY CLERK CALL IN THE JURORS?
10 MR. RAMALLO: YES, YOUR HONOR.
11 MR. GOSS: YES, YOUR HONOR.
12 THE COURT: ALL RIGHT, THANK YOU.
13 (THE JURY ENTERS THE COURTROOM.)
14 THE COURT: COULD THE JURORS BE SURE TO RETURN TO
15 THEIR ASSIGNED SEAT NUMBERS.
16 (FLAG SALUTE.)
17 THE COURT: GOOD AFTERNOON. PLEASE BE SEATED. I
18 NOTE THE PRESENCE OF ALL OF THE JURORS.
19 PLEASE ANSWER "YES" OR "NO." DON'T VOLUNTEER ANY
20 INFORMATION, EXTRA INFORMATION.
21 MR. DONALD THOMAS, ARE YOU THE FOREPERSON?
22 THE FOREPERSON: YES.
23 THE COURT: WE RECEIVED A NOTE RECENTLY THAT THE
24 JURY HAS REACHED A UNANIMOUS VERDICT; IS THAT TRUE?

4
1 THE COURT: I NOTE THAT YOU HAVE AN ENVELOPE.
2 DOES IT CONTAIN THE VERDICT?
4 THE COURT: IF YOU'D PASS IT DOWN TO THE BAILIFF,
5 HE'LL HAND IT TO ME AND I WILL CHECK IT FOR FORM. AND AFTER
6 I CHECK THE VERDICT FORM, I'LL HAND IT TO ME CLERK,
7 MR. REMIGIO, TO READ.
8 I WILL HAND THE VERDICT FORM, WHICH HAS BEEN SIGNED
9 AND DATED BY THE FOREPERSON, TO THE CLERK TO READ.
10 THE CLERK: UNITED STATES DISTRICT COURT, CENTRAL
11 DISTRICT OF CALIFORNIA, WESTERN DIVISION. CONSUMERINFO.COM
12 INCORPORATED, A CALIFORNIA CORPORATION, PLAINTIFF, VS. ONE
13 TECHNOLOGIES LP, A DELAWARE LIMITED PARTNERSHIP, AND ADAPTIVE
14 MARKETING LLC, A DELAWARE CORPORATION, DEFENDANTS, AND
15 RELATED COUNTERCLAIMS; CASE NUMBER CV 09-3783-VBF(MANX),
16 VERDICT FORM, SECTION A, CONSUMERINFO'S TRADEMARK
17 INFRINGEMENT CLAIM, FREECREDITREPORT.COM.
18 NUMBER ONE: IS FREECREDITREPORT.COM A VALID AND
19 PROTECTABLE TRADEMARK?
20 THE ANSWER IS YES.
21 IF THE ANSWER IS "YES," PROCEED TO THE NEXT
22 QUESTION.
23 NUMBER TWO: DOES CONSUMERINFO OWN
24 FREECREDITREPORT.COM AS A TRADEMARK?

5
1 IF THE ANSWER IS "YES," PROCEED TO THE NEXT
2 QUESTION.
3 NUMBER THREE: DID THE DEFENDANT USE
4 FREECREDITREPORT.COM OR A SIMILAR TERM WITHOUT THE CONSENT OF
5 CONSUMERINFO IN A MANNER THAT IS LIKELY TO CAUSE CONFUSION
6 AMONG ORDINARY PURCHASERS AS THE SOURCE OF GOODS -- AS TO THE
7 SOURCE OF THE GOODS?
8 AS TO ADAPTIVE MARKETING, THE ANSWER IS NO.
9 AS TO ONE TECHNOLOGIES, THE ANSWER IS NO.
10 IF YOU ANSWERED "NO," TO THIS QUESTION AS TO EITHER
11 DEFENDANT, PLEASE PROCEED TO SECTION B AS TO THAT DEFENDANT.
12 SECTION B: IS CONSUMERINFO'S TRADEMARK
13 INFRINGEMENT CLAIM TRIPLEADVANTAGE?
14 (PAUSE IN PROCEEDINGS.)
15 THE COURT: WITH RESPECT TO SECTION A, QUESTION 4,
16 IT APPEARS THAT INITIALLY THERE WAS A CHECK, BUT THEN THE
17 CHECKMARKS WERE CROSSED OUT AND INITIALED BY MR. THOMAS SO
18 THEY SHOULD BE DISREGARDED.
19 CAN I HAVE MY CLERK APPROACH MR. -- SHOW THIS TO --
20 MAY I HAVE MY CLERK SHOW THIS TO COUNSEL FOR ALL SIDES AND
21 THEN SHOW MR. THOMAS AND ASK IF THAT'S THE CORRECT
22 INTERPRETATION THAT THE CHECKMARKS UNDER SECTION A, QUESTION
23 4, WERE CROSSED OUT AND SHOULD BE DISREGARDED.
24 MR. THOMAS, CAN YOU ANSWER, BASICALLY, "YES" OR
25 "NO"?

6
1 YES -- DID YOU MEAN TO CROSS OUT THE CHECKMARKS?
3 THE COURT: THANK YOU VERY MUCH.
4 THEN, MR. REMIGIO, I UNDERSTAND YOU'RE PROCEEDING
5 WITH SECTION B?
6 THE CLERK: CORRECT, YOUR HONOR.
7 SECTION B, CONSUMERINFO'S TRADEMARK INFRINGEMENT
8 CLAIM, TRIPLEADVANTAGE.
9 QUESTION NUMBER 1: IS TRIPLEADVANTAGE A VALID AND
10 PROTECTABLE TRADEMARK?
12 IF YOU ANSWERED "YES," TO THIS QUESTION, PROCEED TO
13 THE NEXT QUESTION.
14 QUESTION NUMBER 2: DOES CONSUMERINFO OWN
15 TRIPLEADVANTAGE AS A TRADEMARK?
17 IF YOU ANSWERED "YES" TO THIS QUESTION, PROCEED TO
19 QUESTION NUMBER 3: DID THE DEFENDANTS USE
20 TRIPLEADVANTAGE OR A SIMILAR TERM WITHOUT THE CONSENT OF
21 CONSUMERINFO IN A MANNER THAT IS LIKELY TO CAUSE CONFUSION
22 AMONG ORDINARY PURCHASERS AS TO THE SOURCE OF THE GOODS?
23 AS TO ADAPTIVE MARKETING, THE ANSWER IS NO; AS TO
24 ONE TECHNOLOGIES, THE ANSWER IS NO.

7
1 DEFENDANT, PROCEED TO SECTION C AS TO THAT DEFENDANT.
2 SECTION C, CONSUMERINFO'S CYBERSQUATTING CLAIM.
3 ANSWER THE QUESTIONS IN THIS SECTION ONLY IF YOU
4 FOUND FREECREDITREPORT.COM IS A VALID AND PROTECTABLE
5 TRADEMARK OWNED BY CONSUMERINFO.
6 QUESTION NUMBER 1: DID THE DEFENDANT HAVE THE
7 BAD-FAITH INTENT TO PROFIT FROM THE FREECREDITREPORT.COM
8 MARK?
9 AS TO ADAPTIVE MARKETING, THE ANSWER IS YES; AS TO
10 ONE TECHNOLOGIES, THE ANSWER IS YES.
11 IF YOU ANSWERED "YES," TO THIS QUESTION AS TO
12 EITHER DEFENDANT, PROCEED TO THE NEXT QUESTION AS TO THAT
13 DEFENDANT.
14 QUESTION NUMBER 2: DID THE DEFENDANT REGISTER,
15 TRAFFIC-IN OR USE A DOMAIN NAME THAT, A), IF THE
16 FREECREDITREPORT.COM MARK WAS VALID AND PROTECTABLE AT THE
17 TIME THE DOMAIN NAME WAS REGISTERED, WAS IDENTICAL, OR
18 CONFUSINGLY SIMILAR TO THE FREECREDITREPORT.COM MARK OR, B),
19 IF FREECREDITREPORT.COM MARK WAS FAMOUS AT THE TIME THE
20 DOMAIN NAME WAS REGISTERED, WAS IDENTICAL, CONFUSINGLY
21 SIMILAR, OR DILUTIVE OF THE FREECREDITREPORT.COM MARK?

8
1 DEFENDANT.
2 QUESTION NUMBER 3: WAS THE DEFENDANT'S USE OF
3 FREECREDITREPORT.COM OR A SIMILAR TERM A FAIR USE?
7 DEFENDANT, PROCEED TO THE NEXT QUESTION AS TO THAT DEFENDANT.
8 QUESTION NUMBER 4: HAS DEFENDANTS' CYBERSQUATTING
9 CAUSED CONSUMERINFO DAMAGE?
14 DEFENDANT.
15 QUESTION NUMBER 5: DID DEFENDANT EARN ANY PROFITS
16 THAT ARE ATTRIBUTABLE TO CYBERSQUATTING?
19 PROCEED TO THE NEXT QUESTION.
20 PLEASE WRITE IN THE AMOUNT, IF ANY, OF DAMAGE TO
21 CONSUMERINFO CAUSED BY DEFENDANTS' CYBERSQUATTING.
22 AS TO ADAPTIVE MARKETING, $450,000; AS TO ONE
23 TECHNOLOGIES, $120,000.
25 QUESTION NUMBER 7: PLEASE WRITE IN THE AMOUNT, IF

9
1 ANY, OF DEFENDANT'S PROFITS THAT ARE ATTRIBUTABLE TO
2 CYBERSQUATTING.
3 AS TO ADAPTIVE MARKETING, $1,050,000; AS TO ONE
4 TECHNOLOGIES, $280,000.
6 QUESTION NUMBER 8: DID CONSUMERINFO FAIL TO
7 MITIGATE DAMAGES?
10 IF YOU ANSWERED "NO, "TO THIS QUESTION AS TO EITHER
11 DEFENDANT, PROCEED TO SECTION D AS TO THAT DEFENDANT.
12 SECTION D, CONSUMERINFO'S DILUTION CLAIM. ANSWER
13 THE QUESTIONS IN THIS SECTION D ONLY IF YOU FOUND
14 FREECREDITREPORT.COM IS A VALID AND PROTECTABLE TRADEMARK
15 OWNED BY CONSUMERINFO.
16 QUESTION NUMBER 1: IS FREECREDITREPORT.COM FAMOUS?
20 QUESTION NUMBER 2: DID THE DEFENDANT USE
21 FREECREDITREPORT.COM IN COMMERCE?
24 IF YOU ANSWERED "YES" TO THIS QUESTION AS TO EITHER
25 DEFENDANT, PROCEED TO THE NEXT QUESTION AS TO THAT DEFENDANT.

10
1 QUESTION NUMBER 3: DID THE DEFENDANT BEGIN USING
2 FREECREDITREPORT.COM AFTER IT BECAME FAMOUS?
5 IF YOU ANSWERED "NO" TO THIS QUESTION AS TO EITHER
6 DEFENDANT, PROCEED TO SECTION E AS TO THAT DEFENDANT.
7 SECTION E, CONSUMERINFO'S CONTRIBUTORY LIABILITY
8 CLAIM AGAINST ADAPTIVE MARKETING.
9 QUESTION NUMBER 1: DID ONE TECHNOLOGIES INFRINGE
10 CONSUMERINFO'S FREECREDITREPORT.COM OR TRIPLEADVANTAGE
11 TRADEMARKS?
15 DID ADAPTIVE MARKETING INTENTIONALLY INDUCE ONE
16 TECHNOLOGIES TO INFRINGE CONSUMERINFO'S FREECREDITREPORT.COM
17 OR TRIPLEADVANTAGE?
18 THE ANSWER IS NO.
19 IF YOU ANSWERED "NO" TO THIS QUESTION, PROCEED TO
20 SECTION F.
21 SECTION F, CONSUMERINFO'S VICARIOUS LIABILITY CLAIM
22 AGAINST ADAPTIVE MARKETING.
23 QUESTION NUMBER 1: DID ONE TECHNOLOGIES INFRINGE
24 CONSUMERINFO'S FREECREDITREPORT.COM OR TRIPLEADVANTAGE
25 TRADEMARKS?

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4 QUESTION NUMBER 2: DID YOU FIND THAT ADAPTIVE HAD
5 THE AUTHORITY TO BIND ONE TECHNOLOGIES IN TRANSACTIONS WITH
6 THIRD PARTIES AND THAT ONE TECHNOLOGIES HAD THE AUTHORITY TO
7 BIND ADAPTIVE IN TRANSACTIONS WITH THIRD PARTIES, OR THAT
8 ADAPTIVE AND ONE TECHNOLOGIES EXERCISED JOINT OWNERSHIP
9 OVER -- OR CONTROL OVER THE INFRINGING CONDUCT?
13 QUESTION NUMBER 3: WAS CONSUMERINFO DAMAGED BY
14 INFRINGEMENT?
19 ANY, OF DAMAGE TO CONSUMERINFO CAUSED BY ONE TECHNOLOGIES'
20 INFRINGEMENT OF FREECREDITREPORT.COM AND/OR TRIPLEADVANTAGE.
21 $120,000 IS WRITTEN IN.
24 ANY, OF ONE TECHNOLOGIES' PROFITS THAT ARE ATTRIBUTABLE TO
25 THE INFRINGEMENT OF FREECREDITREPORT.COM AND/OR

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1 TRIPLEADVANTAGE.
2 $280,000 IS WRITTEN IN.
3 QUESTION NUMBER 6: DID CONSUMERINFO FAIL TO
4 MITIGATE DAMAGES?
5 THE ANSWER IS NO.
6 IF YOU ANSWERED "NO" TO THIS QUESTION, PLEASE
7 PROCEED TO SECTION G.
8 SECTION G, ONE TECHNOLOGIES' CLAIM FOR FRAUD ON THE
9 UNITED STATES PATENT AND TRADEMARK OFFICE, P.T.O.
10 QUESTION NUMBER 1: DID CONSUMERINFO MAKE A FALSE
11 REPRESENTATION TO THE P.T.O. TRADEMARK EXAMINER REGARDING A
12 MATERIAL FACT?
13 THE ANSWER IS NO.
14 IF YOU ANSWERED "NO" TO THIS QUESTION, PROCEED TO
15 SECTION H.
16 THE COURT: ALL RIGHT. WITH RESPECT TO THE VERDICT
17 FORM SECTION G, QUESTION 2, THERE IS A CHECK UNDER "NO," AND
18 THEN THE INITIALS "DT."
19 I WOULD ASK MY CLERK TO SHOW COUNSEL QUESTION 2,
20 SECTION G, AND THEN SHOW THIS TO THE FOREPERSON AND ASK IF HE
21 MEANT TO DELETE THE CHECKMARK. THANK YOU.
22 AND AFTER SHOWING COUNSEL, THE CLERK IS SHOWING THE
23 VERDICT FORM TO THE FOREPERSON.
24 WITH YOUR INITIALS, DID YOU MEAN TO HAVE THE COURT
25 DISREGARD THE LINE THROUGH "NO" UNDER SECTION 2?

13
2 THE COURT: THANK YOU.
3 MR. REMIGIO, WOULD YOU PLEASE CONTINUE.
4 THE CLERK: CONTINUING ONTO SECTION H, ONE
5 TECHNOLOGIES' CLAIM FOR CANCELLATION.
6 QUESTION NUMBER 1: DO YOU FIND THAT
7 FREECREDITREPORT.COM IS GENERIC?
8 THE ANSWER IS NO.
9 DATED JANUARY 12TH, 2011, AND SIGNED BY THE JURY
10 FOREPERSON.
11 THE COURT: LADIES AND GENTLEMEN OF THE JURY, IS
12 THIS VERDICT AS PRESENTED AND READ THE VERDICT OF EACH OF
13 YOU, SO SAY YOU ALL?
14 ALL JURORS: YES.
15 THE COURT: IS THERE A REQUEST THAT THE JURY BE
16 POLLED, INDIVIDUALLY?
17 MS. TROTTER: NO, YOUR HONOR.
18 MR. GOSS: NO, YOUR HONOR.
19 MR. CHIEFFO: NO, YOUR HONOR.
20 THE COURT: ALL RIGHT.
21 WOULD COUNSEL APPROACH ONE MOMENT.
22 (SIDEBAR.)
23 THE COURT: IS THERE ANYTHING ELSE YOU WANT ME TO
24 ASK THE JURY ABOUT THE VERDICT FORM AT THIS TIME?

14
1 MR. CHIEFFO: NO, YOUR HONOR.
2 THE COURT: ALL RIGHT. SINCE WE STILL HAVE THE
3 BIFURCATED PHASE ISSUE TO DISCUSS, SHALL I SEND THE JURY BACK
4 TO THE JURY ROOM? WE CAN DISCUSS IT, IF WE'RE GOING TO
5 CONTINUE WITH IT. IT'S AFTER 2:00 O'CLOCK NOW. THEY'RE USED
6 TO LEAVING AT 2:00, SO I'LL TELL THEM TO COME BACK TOMORROW
7 AT 8:30, OR DO YOU WANT ME JUST TO TELL THEM TO COME BACK AT
8 8:30?
9 MR. STAMBAUGH: MY SUGGESTION WOULD BE IF THEY
10 COULD GO TO THE JURY ROOM FOR ABOUT FIVE MINUTES, I THINK WE
11 CAN RESOLVE THE BIFURCATION ISSUE, BUT I THINK IT SHOULD BE
12 DONE OUTSIDE THE PRESENCE OF THE JURY.
13 THE COURT: YES, OF COURSE. THANK YOU.
14 (END SIDEBAR.)
15 THE COURT: WE WANT TO THANK THE JURY PROFUSELY FOR
16 ITS HARD WORK AND TIME. I WOULD ASK THE JURY TO KINDLY
17 RETURN TO THE JURY ROOM FOR ABOUT FIVE MINUTES. WHEN YOU'RE
18 IN THE JURY ROOM NOW, DO NOT TALK ABOUT THIS CASE OR ANYTHING
19 RELATED TO THIS CASE, ABOUT THE VERDICT, OR ANYTHING RELATED
20 TO THE VERDICT. THANK YOU VERY MUCH.
21 (THE JURY EXITS THE COURTROOM.)
22 THE COURT: COUNSEL, WOULD YOU LIKE TO TAKE A BREAK
23 AND HAVE ME STEP OUT?
24 MR. GOSS: I THINK WE CAN -- EVEN TWO MINUTES FOR
25 THAT BREAK.

15
1 THE COURT: NO PROBLEM. ADVISE MY CLERK WHEN
2 YOU'RE READY. THANK YOU.
3 MS. TROTTER: THANK YOU, YOUR HONOR.
4 MR. GOSS: THANK YOU.
5 THE COURT: AND IF YOU NEED ANYTHING, LIKE A COPY
6 OF THE VERDICT FORM, LET MY CLERK KNOW AND WE'LL MAKE SOME
7 COPIES FOR YOU.
8 MR. GOSS: THANK YOU, YOUR HONOR.
9 MS. GOO: THANK YOU.
11 (RECESS.)
12 THE COURT: PLEASE BE SEATED. IN THE TRIAL,
13 COUNSEL ARE HERE, THE PARTIES. THE JURY IS NOT IN THE
14 COURTROOM.
15 MR. GOSS, ANYTHING?
16 MR. GOSS: YES, YOUR HONOR. SO IN LIGHT OF THE
17 JURY'S FINDINGS ON FRAUD ON THE P.T.O. AND GENERICNESS, THERE
18 WILL BE NO NEED FOR THE PHASE TWO ANTITRUST PIECE OF THE
19 CASE. I'M SURE YOU'RE DISAPPOINTED BUT...
20 THE COURT: MIGHT HAVE BEEN INTERESTING.
21 EVERYONE IN AGREEMENT THERE?
22 MS. TROTTER: YES, YOUR HONOR.
23 THE COURT: IS THERE -- WHILE WE STILL HAVE THE
24 JURY IN THE JURY ROOM, AND NOT EXCUSED AND INSTRUCTED NOT TO
25 DISCUSS THIS CASE FURTHER UNTIL GIVEN MORE INSTRUCTIONS BY

16
1 THE COURT, DO COUNSEL WISH TO QUESTION ANY PART OF THE
2 VERDICT FORM? AND, IN THAT REGARD, DID YOU RECEIVE A COPY OF
3 THE VERDICT FORM?
4 MR. GOSS: WE DID NOT, YOUR HONOR, BUT WE FILLED IT
5 OUT AS YOUR CLERK READ IT.
6 THE COURT: OKAY. SO EVERYONE HAS A COPY THAT THEY
7 FILLED OUT?
9 MR. CHIEFFO: YOUR HONOR?
10 THE COURT: YES.
11 MR. CHIEFFO: I WOULD RAISE ONE ISSUE, AT LEAST AS
12 I UNDERSTOOD HOW THIS CASE WENT TO THE JURY. THE VICARIOUS
13 LIABILITY OF ADAPTIVE MARKETING IS BASED SOLELY ON PAID
14 SEARCH. THE JURY'S VERDICT ON PAID SEARCH WAS FOR THE
15 DEFENDANTS.
16 AS I RECALL THE CASE, THERE WAS NOT A CLAIM FOR
17 VICARIOUS LIABILITY ON THE CYBERSQUATTING CLAIMS, AND THERE
18 COULDN'T BE BECAUSE THE TWO DOMAIN NAMES THAT WERE INVOLVED
19 OR THE VARIOUS DOMAIN NAMES WERE THE DEFENDANTS' SEPARATE
20 BUSINESSES. THEY WERE NOT JOINED IN ANY WAY.
21 THE JURY HAS NOW GIVEN A JUDGMENT FOR VICARIOUS
22 LIABILITY --
23 THE COURT: ARE YOU REFERRING TO SECTION E,
24 CONTRIBUTORY LIABILITY? OR SECTION F, VICARIOUS LIABILITY?
25 MR. CHIEFFO: I BELIEVE SECTION F, YOUR HONOR. I

17
1 BELIEVE THE PRIOR SECTION D, THERE WAS A DEFENSE VERDICT.
2 THE COURT: PARDON? I'M ASKING YOU -- ARE YOU
3 ASKING THE COURT TO LOOK AT SECTION E, CONSUMERINFO'S
4 CONTRIBUTORY LIABILITY CLAIM, OR SECTION F, CONSUMERINFO'S
5 VICARIOUS LIABILITY CLAIM?
6 MR. CHIEFFO: SECTION F, THE VICARIOUS LIABILITY
7 CLAIM.
9 MR. CHIEFFO: AND MY COMMENT WAS THAT THE VERDICT
10 IS BASED UPON THE DAMAGES FOUND TO HAVE BEEN CAUSED BY ONE
11 TECHNOLOGIES. THERE'S NO CLAIM, HOWEVER, AS I UNDERSTAND IT,
12 FOR VICARIOUS LIABILITY IN THIS CASE FOR THE CYBERSQUATTING
13 CLAIMS. I BELIEVE THAT CLAIM IS BASED SOLELY ON THE PAID
14 SEARCH CLAIMS WHERE THE DEFENDANTS DO HAVE BUSINESS TOGETHER,
15 BUT THEY DON'T HAVE ANY BUSINESS TOGETHER WITH THEIR SEPARATE
16 U.R.L.'S. SO IT WOULD SEEM TO ME THAT -- AND I RAISE THIS.
17 WE, OBVIOUSLY, WOULD BE MAKING A MOTION BASED UPON THIS. BUT
18 I DON'T SEE THE HOW THE JURY CAN AWARD -- CAN MAKE A FINDING
19 WHERE THEY FOUND THAT WE'RE NOT LIABLE FOR THE UNDERLYING
20 TORT THAT WE'RE ACCUSED OF BEING VICARIOUSLY LIABLE FOR.
21 THE COURT: WHAT IS THE -- ANYTHING TO ADD ON
22 BEHALF OF ONE TECHNOLOGIES?
24 THE COURT: MS. TROTTER.
25 MS. TROTTER: YOUR HONOR, CONSUMERINFO AGREES WITH

18
1 ADAPTIVE WITH RESPECT TO THAT ASPECT OF THE VERDICT.
2 THE COURT: WHAT WOULD COUNSEL SUGGEST? I AGREE AS
3 WELL. WE NEED TO ADDRESS -- OR SHOULD WE ADDRESS SECTION F
4 BEFORE I EXCUSE THE JURY?
5 MR. CHIEFFO: I THINK BASED UPON MS. TROTTER'S
6 COMMENTS AND BASED UPON THE CASE, THERE ISN'T A NEED TO
7 INQUIRE OF THE JURY. THIS IS NOT A CLAIM THAT THEY CAN FIND
8 LIABILITY ON.
9 THE COURT: ANYTHING ELSE REGARDING THE VERDICT
10 FORM?
11 MS. TROTTER: NO, YOUR HONOR.
12 THE COURT: CAN I CALL IN THE JURY AND THANK AND
13 EXCUSE THEM?
14 OKAY. I'D ASK MR. REMIGIO TO PLEASE CALL IN THE
15 JURY. AND I ALWAYS TELL THE JURORS THAT THEY DON'T NEED TO
16 TALK ABOUT THE CASE WITH ANYONE, BUT THEY'RE ALSO FREE TO DO
17 SO. AND I WOULD SUSPECT COUNSEL WOULD LIKE TO TALK TO THE
18 JURORS, AS WELL AS THANK THEM. AND THEN AFTER YOU DO TALK
19 WITH THEM, IF YOU COULD LET MY CLERK KNOW WHEN YOU'RE READY
20 TO COME BACK AND DISCUSS THE REMAINING ISSUES. THANK YOU.
21 (THE JURY ENTERS THE COURTROOM.)
22 THE COURT: PLEASE BE SEATED. I NOTE THE PRESENCE
23 OF ALL THE JURORS, COUNSEL AND THE PARTIES.
24 LADIES AND GENTLEMEN, IN A FEW MOMENTS I WILL BE
25 EXCUSING YOU. BEFORE I DO, I WANT TO, ON BEHALF OF MYSELF

19
1 AND THE COURT SYSTEM, THANK YOU FOR SERVING A JURORS. IT'S A
2 VERY DIFFICULT TASK. AND I NOTICED THAT YOU ARE A VERY
3 CONSCIENTIOUS, HARDWORKING JURY. I WOULD EXPLAIN THAT THE
4 LAW PRECLUDES A JUDGE FROM EVER COMMENTING ON A JURY'S
5 VERDICT. THAT WOULD BE WRONG BECAUSE THE JURY IS THE SOLE
6 AND EXCLUSIVE JUDGE OF THE CREDIBILITY OF THE EVIDENCE AND
7 THE WEIGHT OF THE EVIDENCE AND IS THE FACT-FINDER. BUT I CAN
8 SAY THAT I WAS VERY THANKFUL AND ADMIRING OF THE JURY FOR THE
9 HARD WORK THAT YOU DID AND WE REALLY APPRECIATE IT.
10 BY ACTING AS A JUROR, YOU REALLY BECOME THE
11 CONSCIENCE OF THE COMMUNITY, AND WE APPRECIATE YOU
12 UNDERTAKING THIS DIFFICULT TASK. AGAIN, THANK YOU VERY MUCH.
13 YOU ARE NO LONGER UNDER THE COURT'S DIRECTION NOT
14 TO TALK ABOUT THIS CASE. YOU CAN TALK ABOUT THIS CASE OR
15 SUBJECTS RELATED TO THIS CASE WITH ANYONE. OF COURSE, YOU
16 DON'T NEED TO AS WELL.
17 I WOULD, IN ADDITION TO THANKING THE JURY, LIKE TO
18 THANK MY COURT STAFF. YOU CAN SEE THAT THEY ALL WORKED VERY
19 HARD.
20 I HAVE TO STAND TO SEE THE COURT REPORTER,
21 MS. ADAMS, BECAUSE I'M NOT VERY TALL AND I CAN'T SEE HER
22 USUALLY. (LAUGHTER.)
23 AND SO I'D LIKE TO THANK THE COURT STAFF WHOM
24 YOU'VE GOTTEN KNOW: JOE REMIGIO, THE CLERK; THE COURT
25 REPORTER -- THE CHIEF COURT REPORTER BEING ROSALYN ADAMS; AND

20
1 THE COURT CLERK, ERIC BOORSTEIN, WHO ALSO ASSISTED ON THE
2 CASE.
3 I ALSO WANT TO THANK THE ATTORNEYS FOR ALL THREE
4 SIDES. THEY'RE ALL VERY, VERY KNOWLEDGEABLE AND YOU CAN SEE
5 THEY WORKED VERY HARD AS WELL.
6 AGAIN, I WISH TO THANK YOU PROFUSELY FOR THE
7 SACRIFICE YOU ALL MADE TO SERVE ON A JURY, AND I HOPE YOU
8 FOUND IT AN INTERESTING EXPERIENCE. THANK YOU VERY MUCH.
9 I'LL RISE AND EXCUSE THE JURORS.
10 YOU SHOULD GET YOUR POSSESSIONS FROM THE JURY ROOM.
11 YOU CAN SPEAK WITH THE ATTORNEYS IF YOU WANT TO.
12 BEFORE THEY CHECK OUT, MR. REMIGIO, DO THEY NEED TO
13 GO TO THE JURY ROOM?
14 THE CLERK: I WILL DOUBLE-CHECK. I WILL GO WITH
15 THEM AND JUST LET THEM KNOW THEY'VE BEEN EXCUSED.
16 THE COURT: ALL RIGHT. THANK YOU VERY MUCH. THANK
17 YOU.
18 (THE JURY EXITS THE COURTROOM.)
19 THE COURT: I'LL HAVE MY CLERK ENCOURAGE THE JURORS
20 TO WALK THROUGH THE COURTROOM, IF YOU'D LIKE. WHEN YOU'RE
21 READY TO PROCEED DISCUSSING THE EQUITABLE ISSUES THAT REMAIN
22 IN THE SUIT, LET MY CLERK KNOW. THANK YOU VERY MUCH.
23 (RECESS.)
24 THE COURT: GOOD AFTERNOON. IN THE TRIAL, COUNSEL
25 ARE PRESENT OUTSIDE THE PRESENCE OF THE JURY.

21
1 WE STILL HAVE THE BENCH TRIAL TO ADDRESS, REMAINING
2 EQUITABLE ISSUES.
3 HOW DO YOU THINK WE SHOULD PROCEED?
4 MR. GOSS: THANK YOU, YOUR HONOR. I THINK, AS TO
5 THE COURT ISSUES AND BRIEFING, WE MIGHT BE GETTING A LITTLE
6 OPTIMISTIC HERE, BUT WE'RE HOPING THAT IF WE COULD FILE THOSE
7 BRIEFS IN THREE WEEKS -- IS THAT TOO LATE?
8 THE COURT: IT MIGHT BE A PROBLEM BECAUSE I'VE GOT
9 OTHER CASES COMING IN.
10 MR. GOSS: OKAY. TWO WEEKS?
11 THE COURT: THAT WOULD BE FINE.
12 DO YOU ANTICIPATE, COUNSEL, MUCH IN THE WAY OF
13 PRESENTATION OF EVIDENCE?
14 MR. GOSS: I THINK ON THE ISSUES THAT ARE
15 REMAINING, YOUR HONOR, AFTER THE JURY'S VERDICT THERE WILL BE
16 SOME, BUT I DON'T ANTICIPATE VOLUMINOUS AMOUNTS OF EVIDENCE.
17 MR. CHIEFFO: YOUR HONOR, I JUST GOT OFF THE PHONE
18 WITH MR. DONOIAN. THIS IS JUST A PERSONAL COMMENT. HIS
19 MOTHER-IN-LAW DIED, BUT IT'S GOT EVEN MORE COMPLICATED
20 BECAUSE OF THE STORM IN THE EAST. NOW THE FUNERAL HAS BEEN
21 DELAYED A COUPLE OF DAYS. SO I'VE STARTED THE CONVERSATION.
22 I'M NOT COMPLETELY SURE OF ADAPTIVE MARKETING'S INTENTION
23 ABOUT WHETHER THERE WOULD BE ANY MORE EVIDENCE. I THINK I
24 COULD KNOW VERY SHORTLY.
25 THE COURT: SO THAT WOULD BE A GROUND FOR A LITTLE

22
1 LONGER TIME.
2 MR. CHIEFFO: I APPRECIATE THAT, YOUR HONOR. I
3 KNOW MR. DONOIAN DOES TOO.
4 MR. GOSS: YOUR HONOR, I MAY HAVE MISUNDERSTOOD
5 YOU. ARE YOU TALKING ABOUT THE PRESENTATION OF ADDITIONAL
6 EVIDENCE THAT HAS NOT BEEN ADMITTED THUS FAR IN THE CASE?
7 THE COURT: YES.
8 WOULD THERE BE ANY ADDITIONAL?
9 MR. GOSS: WE DON'T ANTICIPATE, MAYBE EXCEPT FOR
10 ONE OR TWO PIECES OF EVIDENCE, WHICH I THINK -- I THINK WE'LL
11 BE OKAY ON THAT.
13 MS. TROTTER.
14 MS. TROTTER: IT WAS OUR UNDERSTANDING, YOUR HONOR,
15 THAT WHATEVER EVIDENCE WAS TO BE PRESENTED WOULD HAVE BEEN
16 PRESENTED DURING THE COURSE OF THE TRIAL, EVEN ON THE
17 EQUITABLE ISSUES THAT YOUR HONOR HAS DECIDED.
18 THE COURT: ALL RIGHT. SO COUNTING THE WEEKS FROM
19 MONDAY, THE 17TH, THE THIRD WEEK WOULD BE FEBRUARY 7TH.
20 WOULD THAT BE ENOUGH TIME TO WRITE SOMETHING UP OR
21 DO YOU WANT MORE TIME?
22 MR. GOSS: THAT WOULD BE GREAT, YOUR HONOR.
23 MR. CHIEFFO: THAT WOULD BE GREAT, OKAY.
24 THE COURT: FEBRUARY 7TH. OKAY. I'LL HAVE TO -- I
25 WOULD TRY TO PLAN A DATE IN THE AFTERNOON, THE WEEK OF

23
1 FEBRUARY 21ST. THE 21ST IS THE PRESIDENT'S HOLIDAY --
2 MONDAY -- BUT SOMETIME BETWEEN THE 22ND, 23RD, 24TH OR 25TH?
3 MS. TROTTER: THAT MAY BE A PROBLEM, YOUR HONOR,
4 FOR ME WITH RESPECT TO TRAVEL.
5 IS IT POSSIBLE TO HAVE IT EARLIER IN FEBRUARY?
6 THE COURT: I'M STARTING -- I RECALL I'M STARTING A
7 HUGE TRIAL, CRIMINAL MATTER. I CAN LOOK AT -- THE TRIALS THE
8 15TH AND 14TH WOULD BE PRETTY PACKED, BUT I'LL SEE WHAT I CAN
9 DO AND HAVE MY CLERK CALL YOU TO COORDINATE A DATE THAT WOULD
10 WORK FOR EVERYBODY. BUT THE -- CAN THE BRIEFS BE FILED
11 SIMULTANEOUSLY ON FEBRUARY 7TH?
13 MR. GOSS: YES, YOUR HONOR.
14 MR. CHIEFFO: YES, YOUR HONOR.
15 THE COURT: ALL RIGHT. WHAT -- MAYBE YOU DON'T
16 WANT TO GO INTO -- ESPECIALLY SINCE I ALSO HAVE A 3:00
17 O'CLOCK CASE.
18 WHAT ARE THE ISSUES THAT SHOULD BE DECIDED WITH THE
19 BENCH TRIAL? TO THE EXTENT THE COURT IS PERSUADED BY THE
20 JURY'S VERDICT, IT WOULD SEEM TO BE THAT AN ISSUE IS
21 PRESENTED AS TO SECTION C REGARDING CYBERSQUATTING. I DON'T
22 KNOW WHAT -- BEYOND THAT THERE WOULD BE AN ISSUE PRESENTED.
23 I WOULD NOTE THAT PERTAINING TO ADAPTIVE'S
24 TRADEMARK INFRINGEMENT COUNTERCLAIM, THE COURT HAS REMOVED
25 FROM THE CALENDAR AS MOOT THE PORTION OF CONSUMERINFO'S RULE

24
1 50 MOTION, DOCKET 679, DIRECTED TO ADAPTIVE'S COUNTERCLAIM
2 FOR INFRINGEMENT DUE TO THIS COUNTERCLAIM BEING HEARD BY THE
3 COURT, RATHER THAN THE JURY. AND IN COURT I RECALL THAT
4 CONSUMERINFO REQUESTED THAT ITS RULE 50 MOTION, DOCKET 679,
5 BE TREATED AS A MOTION UNDER RULE 52, PERTAINING TO A COURT
6 TRIAL.
7 MS. TROTTER: THAT'S CORRECT, YOUR HONOR. WE
8 ACTUALLY DID SUBMIT -- WE LODGED PROPOSED FINDINGS OF FACT
9 AND CONCLUSIONS OF LAW WITH RESPECT TO THAT REQUEST UNDER
10 52(C). WE WERE UNSURE IF YOUR HONOR WANTED ANY FURTHER
11 BRIEFING BUT -- WHICH WE DON'T NECESSARILY THINK IS NECESSARY
12 FOR THE COURT, BUT WE'RE HAPPY TO DO THAT IF YOU WANT.
13 THE COURT: I DON'T SEE THE NECESSITY AT THIS TIME.
14 ALL RIGHT. ANYTHING ELSE?
15 CORRECT ME, IF YOU DISAGREE. THERE WOULD BE NO
16 JUDGMENT PREPARED UNTIL THE EQUITABLE ISSUES ARE RESOLVED.
17 AND THE COURT WOULD BE SOMEWHAT INCLINED TO KEEP THE EXHIBITS
18 HERE UNTIL THE JUDGMENT HAS BEEN PREPARED, UNLESS COUNSEL
19 BELIEVE THERE'S -- AND I SUSPECT THERE IS -- A LARGE NUMBER
20 OF EXHIBIT TRIAL NOTEBOOKS THAT AREN'T NECESSARY, IN WHICH
21 CASE YOU CAN GET TOGETHER AND TALK WITH THE CLERK ABOUT WHEN
22 YOU'D LIKE YOUR STAFF TO COME IN. OKAY. THANK YOU VERY
23 MUCH.
25 MR. CHIEFFO: THANK YOU, YOUR HONOR.

25
1 (END OF PROCEEDINGS.)
2 --000--
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

1 CERTIFICATE OF REPORTER
2
COUNTY OF LOS ANGELES )
3 ) SS.
STATE OF CALIFORNIA )
4
6 I, ROSALYN ADAMS, OFFICIAL COURT REPORTER, IN AND FOR THE
7 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF
8 CALIFORNIA, DO HEREBY CERTIFY THAT PURSUANT TO SECTION 753,
9 TITLE 28, UNITED STATES CODE, THE FOREGOING IS A TRUE AND
10 CORRECT TRANSCRIPT OF THE STENOGRAPHICALLY REPORTED
11 PROCEEDINGS HELD IN THE ABOVE-ENTITLED MATTER AND THAT THE
12 TRANSCRIPT PAGE FORMAT IS IN CONFORMANCE WITH THE REGULATIONS
13 OF THE JUDICIAL CONFERENCE OF THE UNITED STATES.
14
15
16 DATED: JANUARY 13, 2011
17
18 ___________/S/__________
19 ROSALYN ADAMS, CSR 11794

OFFICIAL COURT REPORTER
20
21
22
23
24
25

$ 23:23; 24:1 18; 11:1, 10, 15;
4 B
ADD [1] - 17:21 12:5, 13; 13:8
$1,050,000 [1] - 9:3 4 [4] - 5:15, 23; 8:8; ADDITION [1] - 19:17 ANSWERED [19] - BACK [4] - 14:3, 6-7;
$120,000 [2] - 8:23; 11:18 ADDITIONAL [2] - 22:5, 5:10; 6:12, 17, 25; 18:20
11:21 400E [1] - 2:16 8 7:11, 24; 8:6, 12; BAD [1] - 7:7
$280,000 [2] - 9:4; 12:2 410 [1] - 1:24 ADDRESS [3] - 18:3; 9:10, 18, 24; 10:5, BAD-FAITH [1] - 7:7
$450,000 [1] - 8:22 21:1 13, 19; 11:2, 11, 16; BAILIFF [1] - 4:4
5 ADMIRING [1] - 19:8 12:6, 14 BAKER [1] - 1:5
/ 5 [2] - 8:15; 11:23 ADMITTED [1] - 22:6 ANTICIPATE [3] - BASED [6] - 16:13;
ADVISE [1] - 15:1 21:12, 16; 22:9 17:10, 13, 17; 18:5
/S [1] - 26:18 50 [2] - 24:1, 4
AFTER [6] - 4:5; 10:2; ANTITRUST [1] - 15:18 BASICALLY [1] - 5:24
52 [1] - 24:5
12:22; 14:5; 18:18; ANY [12] - 3:19; 8:15, BE [37] - 3:5, 14, 17;
0 52(C) [1] - 24:10
21:15 20; 9:1; 11:19, 24; 5:18, 23; 13:15; 14:9,
586-7700 [1] - 2:17
000 [2] - 3:2; 25:2 AFTERNOON [4] - 3:5, 16:1, 20; 17:15; 11; 15:12, 18; 16:18;
09-03783-VBF(MAN [1] 17; 20:24; 22:25 21:23; 22:8; 24:10 17:17; 18:22, 24;
- 1:10 6 AGAIN [2] - 19:12; 20:6 ANYONE [2] - 18:16; 19:5; 21:5, 8, 11, 15,
09-3783-VBF(MANX [1] 6 [1] - 12:3 AGAINST [2] - 10:8, 22 19:15 23, 25; 22:8, 11, 15,
- 4:15 612-2020 [1] - 2:12 AGREE [1] - 18:2 ANYTHING [8] - 13:23; 19-20, 22-23; 23:3, 8,
679 [2] - 24:1, 4 AGREEMENT [1] - 14:18; 15:5, 15; 10, 18, 20, 22; 24:5,
15, 17
1 15:21 17:21; 18:9; 24:14
APPEARANCES [1] - BECAME [1] - 10:2
1 [7] - 6:9; 7:6; 9:16; 7 AGREES [1] - 17:25
BECAUSE [5] - 16:18;
AL [1] - 1:11 2:1
10:9, 23; 12:10; 13:6 7 [1] - 8:25 19:5, 21; 21:8, 20
ALEX [2] - 1:11; 2:7 APPEARS [1] - 5:16
100 [1] - 1:23 753 [1] - 26:8 BECOME [1] - 19:10
ALL [19] - 3:12, 18; APPRECIATE [3] -
11794 [2] - 1:22; 26:19 777 [1] - 2:10 19:9, 11; 22:2 BEEN [8] - 4:8; 15:20;
5:20; 12:16; 13:13,
12 [2] - 1:18; 3:1 788-1000 [1] - 2:6 APPROACH [2] - 5:19; 17:10; 20:15; 21:20;
20; 14:2; 17:8; 18:23;
12TH [1] - 13:9 7TH [3] - 22:19, 24; 13:21 22:6, 15; 24:18
19:18; 20:3, 7, 16;
13 [1] - 26:16 23:11 ARE [14] - 3:21; 8:16; BEFORE [3] - 18:4, 25;
22:12, 18; 23:15;
14TH [1] - 23:8 9:1; 11:24; 15:13; 20:12
24:14
15TH [1] - 23:8 8 ALSO [4] - 18:16; 20:1, 16:23; 17:2; 19:2, 13; BEGIN [1] - 10:1
17 [1] - 1:16 20:25; 21:14; 22:5; BEHALF [5] - 2:2, 7,
8 [1] - 9:6 3; 23:16
1700 [1] - 2:5 23:18; 24:16 13; 17:22; 18:25
894-2665 [1] - 1:25 ALWAYS [1] - 18:15
17TH [1] - 22:19 AREN'T [1] - 24:20 BEING [3] - 17:20;
8:30 [2] - 14:7 AMERICA [1] - 1:1
1999 [1] - 2:4 AS [63] - 3:7; 4:24; 5:6, 19:25; 24:2
AMONG [2] - 5:6; 6:22
1:30 [1] - 3:1 8-11; 6:15, 22-23, 25; BELIEVE [4] - 16:25;
9 AMOUNT [4] - 8:20, 25;
11:18, 23 7:1, 9, 11-12, 22, 17:1, 13; 24:19
2 90012 [1] - 1:24 AMOUNTS [1] - 21:16 24-25; 8:4, 6-7, 10, BENCH [2] - 21:1;
90017 [1] - 2:11 12-13, 17, 22; 9:3, 8, 23:19
2 [7] - 6:14; 7:14; 9:20; AN [4] - 4:1; 20:8;
90067 [1] - 2:5 23:20, 22 10-11, 22, 24-25; BETWEEN [1] - 23:2
11:4; 12:17, 19, 25
90404 [1] - 2:16 AND [71] - 3:6; 4:5, 9, 10:3, 5-6; 13:12; BEYOND [1] - 23:22
2011 [4] - 1:18; 3:1;
13-14, 18; 5:17, 16:5, 11, 16; 17:11; BIFURCATED [1] -
13:9; 26:16
A 20-21, 23; 6:9; 7:4, 18:2, 18; 19:10, 16; 14:3
213 [2] - 1:25; 2:12
16; 9:14; 11:6, 8; 20:5; 21:4; 23:21, 25; BIFURCATION [1] -
21ST [2] - 23:1 ABOUT [11] - 13:24;
12:9, 17, 20, 22; 24:5 14:11
22ND [1] - 23:2 14:10, 17-19; 18:16;
13:9, 11-12; 14:16, ASK [6] - 5:21; 12:19; BIND [2] - 11:5, 7
23RD [1] - 23:2 19:14; 21:23; 22:5;
23; 15:5, 17, 24; 13:24; 14:16; 18:14 BOORSTEIN [1] - 20:1
2450 [1] - 2:15 24:21
16:2, 17; 17:9, 16; ASKING [2] - 17:2 BREAK [2] - 14:22, 25
24TH [1] - 23:2 ABOVE [1] - 26:11
18:6, 12, 15, 17-18, ASPECT [1] - 18:1 BRIEFING [2] - 21:5;
25TH [1] - 23:2 ABOVE-ENTITLED [1]
20, 23-24; 19:1, 6-9, ASSIGNED [1] - 3:15 24:11
28 [1] - 26:9 - 26:11
11, 21, 23, 25; 20:4, ASSISTED [1] - 20:1 BRIEFS [2] - 21:7;
2:00 [2] - 14:5 ACCUSED [1] - 17:20
7, 9, 15; 21:5; 23:8; AT [10] - 7:16, 19; 23:10
ACTING [1] - 19:10 13:24; 14:6; 16:11;
24:3, 9, 17, 19, 21; BUSINESS [2] - 17:14
3 ACTUALLY [1] - 24:8
26:6, 9, 11 17:3; 23:7; 24:13 BUSINESSES [1] -
ADAMS [5] - 1:22; ATTORNEYS [3] - 3:6; 16:20
3 [4] - 6:19; 8:2; 10:1; AND/OR [2] - 11:20, 25
19:21, 25; 26:6, 19 20:3, 11 BUT [15] - 5:16; 14:11;
11:13 ANGELES [6] - 1:17,
ADAPTIVE [23] - 2:13; ATTRIBUTABLE [3] - 16:4; 17:15, 17;
310 [2] - 2:6, 17 24; 2:5, 11; 3:1; 26:2
4:13; 5:8; 6:23; 7:9, 8:16; 9:1; 11:24 18:16; 19:7; 21:6, 16,
312 [1] - 1:24 ANSWER [39] - 3:19;
22; 8:4, 10, 17, 22; AUTHORITY [2] - 11:5 19; 23:2, 8, 10; 24:11
3200 [1] - 2:11 4:20, 25; 5:1, 8-9, 24;
9:3, 8, 22; 10:3, 8, AVENUE [2] - 2:4, 15 BUT.. [1] - 15:19
3:00 [1] - 23:16 6:11, 16, 23-24; 7:3,
15, 22; 11:4, 7-8;
9-10, 22-23; 8:4, AWARD [1] - 17:18 BY [16] - 2:3, 9, 15; 4:9;
16:13; 18:1; 21:22
10-11, 17-18; 9:8, 12, 5:17; 7:5; 8:21; 9:15;
ADAPTIVE'S [2] -
17, 22-23; 10:3, 12, 11:13, 19; 13:9;

15:25; 17:10; 19:10; 24:22 COULD [5] - 3:14; DAYS [1] - 21:21 DONOIAN [2] - 21:18;
23:19; 24:2 COMING [1] - 21:9 14:10; 18:19; 21:6, DECIDED [2] - 22:17; 22:3
COMMENT [2] - 17:9; 24 23:18 DOUBLE [1] - 20:14
C 21:18 COULDN'T [1] - 16:18 DEFENDANT [27] - DOUBLE-CHECK [1] -
COMMENTING [1] - COUNSEL [13] - 5:20; 1:12; 2:7, 13; 5:3, 11; 20:14
CALENDAR [1] - 23:25
19:4 12:19, 22; 13:21; 7:1, 6, 12-14, 25; 8:1, DOWN [1] - 4:4
CALIFORNIA [11] - 1:3,
COMMENTS [1] - 18:6 14:22; 15:13; 16:1; 7, 13-15; 9:11, 20, DT [1] - 12:18
17, 24; 2:5, 11, 16;
COMMERCE [1] - 9:21 18:2, 17, 23; 20:24; 25; 10:1, 6 DUE [1] - 24:2
3:1; 4:11; 26:3, 8
COMMUNITY [1] - 21:12; 24:18 DEFENDANT'S [2] - DURING [1] - 22:16
CALL [4] - 3:9; 18:12,
19:11 COUNTERCLAIM [3] - 8:2; 9:1
14; 23:9
COMPLETELY [1] - 23:24; 24:1 DEFENDANTS [4] - E
CAN [19] - 3:9; 5:19,
21:22 COUNTERCLAIMS [1] 4:14; 6:19; 16:15;
24; 14:4, 11, 24; EACH [1] - 13:12
COMPLICATED [1] - - 4:15 17:14
17:18; 18:7, 12; 19:7, EARLIER [1] - 23:5
21:19 COUNTING [1] - 22:18 DEFENDANTS' [3] -
14, 18; 20:4, 11; EARN [1] - 8:15
CONCLUSIONS [1] - COUNTY [1] - 26:2 8:8, 21; 16:19
23:7, 10; 24:21 EAST [1] - 21:20
24:9 COUPLE [1] - 21:21 DEFENSE [1] - 17:1
CAN'T [1] - 19:21 EITHER [9] - 5:10; 6:25;
CONDUCT [1] - 11:9 COURSE [3] - 14:13; DELAWARE [2] - 4:13
CANCELLATION [1] - 7:12, 25; 8:6, 13;
CONFERENCE [1] - 19:15; 22:16 DELAYED [1] - 21:21
13:5 9:10, 24; 10:5
26:13 COURT [72] - 1:2, 23; DELETE [1] - 12:21
CASE [17] - 4:15; ELSE [3] - 13:23; 18:9;
CONFORMANCE [1] - 3:5, 12, 14, 17, 23; DID [20] - 5:3; 6:1, 19;
14:18; 15:19, 25; 24:14
26:12 4:1, 4, 10; 5:15; 6:3; 7:6, 14; 8:15; 9:6, 20;
16:12, 16; 17:12; ENCOURAGE [1] -
CONFUSINGLY [2] - 12:16, 24; 13:2, 11, 10:1, 9, 15, 23; 11:4;
18:6, 16; 19:14; 20:2; 20:19
7:18, 20 15, 20, 23; 14:2, 13, 12:3, 10, 24; 16:2, 4;
22:6; 23:17; 24:21 END [2] - 14:14; 25:1
CONFUSION [2] - 5:5; 15, 22; 15:1, 5, 12, 19:9; 24:8
CASES [1] - 21:9 ENOUGH [1] - 22:20
6:21 20, 23; 16:1, 6, 10, DIED [1] - 21:19
CAUSE [2] - 5:5; 6:21 ENTERS [2] - 3:13;
CONSCIENCE [1] - 23; 17:2, 8, 21, 24; DIFFICULT [2] - 19:2,
CAUSED [4] - 8:9, 21; 18:21
19:11 18:2, 9, 12, 22; 19:1, 12
11:19; 17:10 ENTITLED [1] - 26:11
CONSCIENTIOUS [1] - 18, 20, 23-25; 20:1, DILUTION [1] - 9:12
CENTRAL [4] - 1:3; 16, 19, 24; 21:5, 8, ENVELOPE [1] - 4:1
19:3 DILUTIVE [1] - 7:21
4:10; 26:7 11, 25; 22:7, 12, 18, EQUITABLE [4] -
CONSENT [2] - 5:4; DIRECTED [1] - 24:1
CERTIFICATE [1] - 24; 23:6, 15, 19, 24; 20:21; 21:2; 22:17;
6:20 DIRECTION [1] - 19:13
26:1 24:3, 5, 12-13, 17; 24:16
CONSUMERINFO [15] - DISAGREE [1] - 24:15
CERTIFIED [1] - 1:8 26:6, 19 ERIC [1] - 20:1
4:23; 5:5; 6:14, 21; DISAPPOINTED [1] -
CERTIFY [1] - 26:8 COURT'S [1] - 19:13 ESPECIALLY [1] -
7:5; 8:9, 21; 9:6, 15; 15:19
CHANG [2] - 1:11; 2:7 COURTHOUSE [1] - 23:16
11:13, 19; 12:3, 10; DISCUSS [4] - 14:3;
CHECK [6] - 4:5; 5:16; 1:23 ET [1] - 1:11
17:25; 24:4 15:25; 18:20
12:17; 20:12, 14 COURTROOM [6] - EVEN [3] - 14:24;
CONSUMERINFO'S DISCUSSING [1] -
CHECKMARK [1] - 3:13; 14:21; 15:14; 21:19; 22:16
[13] - 4:16; 5:12; 6:7; 20:21
12:21 18:21; 20:18, 20 EVER [1] - 19:4
7:2; 9:12; 10:7, 10, DISREGARD [1] -
CHECKMARKS [3] - CREDIBILITY [1] - 19:6 EVERYBODY [1] -
16, 21, 24; 17:3; 12:25
5:17, 22; 6:1 CRIMINAL [1] - 23:7 23:10
23:25 DISREGARDED [2] -
CHIEF [1] - 19:25 CROSS [1] - 6:1 EVERYONE [2] - 15:21;
CONSUMERINFO. 5:18, 23
CHIEFFO [14] - 2:15; CROSSED [2] - 5:17, 16:6
COM [2] - 1:8; 4:11 DISTRICT [7] - 1:2, 5;
13:19; 14:1; 16:9, 11, 23 EVIDENCE [8] - 19:6;
CONTAIN [1] - 4:2 4:10; 26:7
25; 17:6, 9; 18:5; CSR [2] - 1:22; 26:19 21:13, 16, 23; 22:6,
CONTINUE [2] - 13:3; DIVISION [2] - 1:4; 4:11
21:17; 22:2, 23; CV [2] - 1:10; 4:15 10, 15
14:5 DO [15] - 13:6; 14:7, 18;
23:14; 24:25 EXAMINER [1] - 12:11
CONTINUING [1] - 13:4 CYBERSQUATTING 16:1; 17:14; 18:16,
CLAIM [16] - 4:17; 5:13; EXCEPT [1] - 22:9
CONTRIBUTORY [3] - [8] - 7:2; 8:8, 16, 21; 18, 25; 20:12; 21:3,
6:8; 7:2; 9:12; 10:8, 9:2; 16:17; 17:12; EXCLUSIVE [1] - 19:6
10:7; 16:24; 17:4 12; 22:21; 23:9;
21; 12:8; 13:5; 16:16; 23:21 EXCUSE [3] - 18:4, 13;
CONTROL [1] - 11:9 24:12; 26:8
17:4, 7, 11, 13; 18:7 20:9
CONVERSATION [1] - DOCKET [2] - 24:1, 4
CLAIMS [3] - 16:17;
17:13
21:21 D DOES [4] - 4:2, 23; EXCUSED [2] - 15:24;
COORDINATE [1] - 6:14; 22:3 20:15
CLERK [21] - 3:9; 4:6, DAMAGE [3] - 8:9, 20; EXCUSING [1] - 18:25
23:9 DOMAIN [5] - 7:15, 17,
9-10; 5:19; 6:6; 11:19
COPIES [1] - 15:7 20; 16:18 EXERCISED [1] - 11:8
12:19, 22; 13:4; 15:1, DAMAGED [1] - 11:13
COPY [3] - 15:5; 16:2, DON'T [11] - 3:19; EXHIBIT [1] - 24:20
6; 16:5; 18:19; 19:24; DAMAGES [3] - 9:7;
6 17:15, 18; 18:15; EXHIBITS [1] - 24:17
20:1, 14, 19, 22; 12:4; 17:10
CORPORATION [2] - 19:16; 21:16; 22:9; EXITS [2] - 14:21;
23:9; 24:21 DATE [2] - 22:25; 23:9
4:12, 14 23:15, 21; 24:11, 13 20:18
CODE [1] - 26:9 DATED [3] - 4:9; 13:9;
CORRECT [5] - 5:21; DONALD [1] - 3:21 EXPERIENCE [1] - 20:8
COLORADO [1] - 2:15 26:16
6:6; 24:7, 15; 26:10 DONE [1] - 14:12 EXPLAIN [1] - 19:3
COME [4] - 14:6; 18:20; DAY [1] - 1:16
EXTENT [1] - 23:19

EXTRA [1] - 3:20 FUNERAL [1] - 21:20 HIS [1] - 21:18 11:14, 20, 25; 23:24; JUDICIAL [1] - 26:13
FURTHER [2] - 15:25; HOLIDAY [1] - 23:1 24:2 JUROR [1] - 19:10
F 24:10 HONOR [36] - 3:10; 6:6; INFRINGING [1] - 11:9 JURORS [10] - 3:9, 14,
13:17-19, 25; 14:1; INITIALED [1] - 5:17 18; 13:14; 18:15, 18,
FACT [3] - 12:12; 19:7;
24:8
G 15:3, 8, 10, 16, 22; INITIALLY [1] - 5:16 23; 19:1; 20:9, 19
16:4, 8-9, 25; 17:23, INITIALS [2] - 12:18, 24 JURY [37] - 3:7, 13, 24;
FACT-FINDER [1] - GENERIC [1] - 13:7
25; 18:11; 21:4, 15, INQUIRE [1] - 18:7 13:9, 11, 15, 24;
19:7 GENERICNESS [1] -
17; 22:2, 4, 14, 17, INSTRUCTED [1] - 14:3, 10, 12, 15-18,
FAIL [2] - 9:6; 12:3 15:17 22; 23:3, 12-14; 24:7, 15:24 21; 15:13, 24; 16:12,
FAIR [1] - 8:3 GENTLEMEN [2] - 10, 24 INSTRUCTIONS [1] - 21; 17:18; 18:4, 7,
FAIRBANK [1] - 1:5 13:11; 18:24 HONORABLE [1] - 1:5 15:25 12, 15, 21; 19:3, 5, 8,
FAITH [1] - 7:7 GET [2] - 20:10; 24:21 17; 20:7, 10, 13, 18,
HOPE [1] - 20:7 INTENT [1] - 7:7
FALSE [1] - 12:10 GETTING [1] - 21:5 HOPING [1] - 21:6 25; 24:3
INTENTION [1] - 21:22
FAMOUS [3] - 7:19; GIVEN [2] - 15:25; JURY'S [5] - 15:17;
HOW [3] - 16:12; 17:18; INTENTIONALLY [1] -
9:16; 10:2 16:21 21:3 16:14; 19:4; 21:15;
10:15
FAR [1] - 22:6 GO [4] - 14:10; 20:13; HOWEVER [1] - 17:11 23:20
INTERESTING [2] -
FEBRUARY [5] - 22:19, 23:16 JUST [4] - 14:7; 20:15;
HUGE [1] - 23:7 15:20; 20:8
24; 23:1, 5, 11 GOING [1] - 14:4 21:17
INTERPRETATION [1]
FEW [1] - 18:24 GOO [2] - 2:9; 15:9
FIGUEROA [1] - 2:10 GOOD [3] - 3:5, 17;
I - 5:22
I'D [2] - 18:14; 19:23

INTO [1] - 23:16 K
FILE [1] - 21:6 20:24
INVOLVED [1] - 16:18
FILED [1] - 23:10 GOODS [3] - 5:6; 6:22 I'LL [6] - 4:6; 14:6; KAYE [1] - 2:3
IS [71] - 3:24; 4:18,
FILLED [2] - 16:4, 7 GOSS [18] - 2:9; 3:11; 20:9, 19; 22:24; 23:8 KEEP [1] - 24:17
20-21, 25; 5:1, 5, 8-9,
FIND [3] - 11:4; 13:6; 13:18, 25; 14:24; I'M [6] - 15:19; 17:2; KENT [1] - 2:9
12; 6:9, 11, 16, 21,
18:7 15:4, 8, 15-16; 16:4; 19:21; 21:22; 23:6 KINDLY [1] - 14:16
23-24; 7:4, 9-10,
FINDER [1] - 19:7 17:23; 21:4, 10, 14; I'VE [2] - 21:8, 21 KNOW [9] - 3:7; 15:6;
22-23; 8:4, 10-11,
FINDING [1] - 17:18 22:4, 9, 22; 23:13 IDENTICAL [2] - 7:17, 18:19; 19:24; 20:15,
17-18; 9:8, 14, 16-17,
FINDINGS [2] - 15:17; GOT [3] - 21:8, 17, 19 20 22; 21:24; 22:3;
22-23; 10:3, 12, 18;
24:8 GOTTEN [1] - 19:24 IF [42] - 4:4, 21; 5:1, 10, 23:22
11:1, 10, 15, 21;
FINE [1] - 21:11 GREAT [2] - 22:22 21; 6:12, 17, 25; 7:3, KNOWLEDGEABLE
12:2, 5, 13, 17, 22;
FIVE [2] - 14:10, 17 GREENBERG [1] - 11, 15, 19, 24; 8:6, [1] - 20:4
13:7, 11, 15, 23;
FLAG [1] - 3:16 2:14 12, 20, 25; 9:10, 13,
15:13, 23; 16:13;
FOR [29] - 4:5; 5:20; GROUND [1] - 21:25 18, 24; 10:5, 13, 19;
17:10, 13, 21; 18:7; L
12:8; 13:5; 14:10, 15, 11:2, 11, 16, 18, 23;
19:5, 7; 21:7, 18; LADIES [2] - 13:11;
17, 24; 15:7, 18; H 12:6, 14, 20; 14:4, 9;
23:1, 5, 19-20; 24:11, 18:24
16:14, 16, 21; 17:12, 15:5; 18:19; 20:11,
HAD [2] - 11:4, 6 19; 26:9, 12 LARGE [1] - 24:19
19-20; 19:1, 8; 20:3, 20; 21:6; 24:10, 12,
HAND [3] - 4:5, 8 ISN'T [1] - 18:6 LATE [1] - 21:7
6; 21:25; 22:9; 23:4, 15
HAPPY [1] - 24:12 ISSUE [5] - 14:3, 11; LAUGHTER [1] - 19:22
10; 24:2, 12; 26:6 IN [46] - 3:5, 9; 5:5, 14;
HARD [4] - 14:16; 19:9, 16:11; 23:20, 22 LAW [3] - 19:4; 21:19;
FOREGOING [1] - 26:9 6:21; 7:3, 15; 8:20,
19; 20:5 ISSUES [8] - 18:20; 24:9
FOREPERSON [10] - 25; 9:13, 21; 11:5, 7,
HARDWORKING [1] - 20:21; 21:2, 5, 14; LEAST [1] - 16:11
3:21, 25; 4:3, 9; 6:2; 18, 21, 23; 12:2;
22:17; 23:18; 24:16 LEAVING [1] - 14:6
19:3 14:18; 15:12, 16, 21,
12:20, 23; 13:1, 10 IT [21] - 4:2, 4-6; 5:16;
HAS [10] - 3:24; 4:8; 24; 16:2, 20; 17:12; LET [4] - 15:6; 18:19;
FORM [11] - 4:5, 8, 16; 10:2; 14:4, 11; 16:4;
8:8; 16:6, 21; 21:20; 18:12, 14, 24; 19:17; 20:15, 22
12:17, 23; 13:24; 17:11, 16; 19:9; 20:8;
22:6, 17; 23:24; 20:22, 24; 21:7, 9, LIABILITY [12] - 10:7,
15:6; 16:2; 18:10 21:8; 22:14; 23:5, 20
24:18 12, 19-20; 22:6, 25; 21; 16:13, 17, 22, 24;
FORMAT [1] - 26:12 IT'S [3] - 14:5; 19:1;
HAVE [21] - 4:1; 5:19; 23:5; 24:3, 20, 22; 17:4-6, 12; 18:8
FOUND [5] - 7:4; 9:13; 21:19
7:6; 12:24; 14:2, 23; 26:6, 11 LIABLE [2] - 17:19
17:10, 19; 20:8 ITS [2] - 14:16; 24:4
15:20, 23; 17:10, INC [1] - 1:8 LIGHT [1] - 15:16
FRAUD [2] - 12:8;
14-15; 19:20; 20:19; INCLINED [1] - 24:17 LIKE [7] - 14:22; 15:5;
15:17 J
21:1; 22:4, 15, 24; INCORPORATED [1] - 18:17; 19:17, 23;
FREE [1] - 18:16
23:5, 9, 16 4:12 JANUARY [4] - 1:18; 20:20; 24:22
FREECREDITREPOR
HE [1] - 12:20 INDIVIDUALLY [1] - 3:1; 13:9; 26:16 LIKELY [2] - 5:5; 6:21
T.COM [21] - 4:17, 24;
HE'LL [1] - 4:5 13:16 JOE [1] - 19:24 LIMITED [1] - 4:13
5:4; 7:4, 7, 16, 18-19,
HEARD [1] - 24:2 INDUCE [1] - 10:15 JOINED [1] - 16:20 LINE [1] - 12:25
21; 8:3; 9:14, 16, 21;
HELD [1] - 26:11 INFORMATION [2] - JOINT [1] - 11:8 LITTLE [2] - 21:5, 25
10:2, 10, 16, 24;
HER [1] - 19:21 3:20 JOSHUA [1] - 2:4 LLC [2] - 2:13; 4:14
11:20, 25; 13:7
HERE [3] - 15:13; 21:6; INFRINGE [3] - 10:9, JUDGE [3] - 1:5; 19:4, LLP [2] - 2:3, 14
FREILICH [1] - 2:10
24:18 16, 23 6 LODGED [1] - 24:8
FROM [6] - 3:7; 7:7;
HEREBY [1] - 26:8 INFRINGEMENT [8] - JUDGMENT [3] - 16:21; LONGER [2] - 19:13;
19:4; 20:10; 22:18;
HERRINGTON [1] - 2:8 4:17; 5:13; 6:7; 24:16, 18 22:1
23:25

LOOK [2] - 17:3; 23:7 22-23; 23:13; 24:25 23:17 20:21; 21:3
P
LOS [6] - 1:17, 24; 2:5, MS [17] - 13:17; 15:3, OBVIOUSLY [1] - PROCEEDING [2] -
11; 3:1; 26:2 9-10, 22; 16:8; 17:24; 17:17 P.T.O [3] - 12:9, 11; 5:14; 6:4
LP [1] - 4:13 18:5, 11; 19:21; OF [69] - 1:1, 3; 2:2, 4, 15:17 PROCEEDINGS [2] -
22:13; 23:3, 12; 24:7, 7, 13; 3:6, 18; 4:11; PACKED [1] - 23:8 25:1; 26:11
PAGE [1] - 26:12
M 24 5:4, 6-7; 6:20, 22; PROFIT [1] - 7:7
MUCH [8] - 6:3; 14:20; 7:21; 8:2, 20; 9:1; PAID [3] - 16:13; 17:13 PROFITS [3] - 8:15;
MADE [1] - 20:7 19:12; 20:8, 16, 22; 11:19, 24-25; 13:11; PARDON [1] - 17:2 9:1; 11:24
MAKE [3] - 12:10; 15:6; 21:12; 24:23 14:12; 15:6, 16, 18; PART [1] - 16:1 PROFUSELY [2] -
17:18 MY [13] - 3:9; 5:19; 16:1, 13; 17:20, 22; PARTIES [5] - 3:7; 14:15; 20:6
MAKING [1] - 17:17 12:19; 14:9; 15:1, 6; 18:1, 7, 23, 25; 11:6; 15:13; 18:23 PROPOSED [1] - 24:8
MANNER [2] - 5:5; 6:21 17:9; 18:19; 19:18; 19:6-8, 11, 15; 20:25; PARTNERSHIP [1] - PROTECTABLE [5] -
MARK [5] - 7:8, 16, 20:19, 22; 23:9 21:12, 16, 20-22; 4:13 4:19; 6:10; 7:4, 16;
18-19, 21 MYSELF [1] - 18:25 22:5, 10, 16, 25; PASS [1] - 4:4 9:14
MARKETING [18] - 23:25; 24:8, 20; 25:1; PATENT [1] - 12:9 PURCHASERS [2] -
2:13; 4:14; 5:8; 6:23;
7:9, 22; 8:4, 10, 17,
N 26:1-3, 7, 10, 13 PAUSE [1] - 5:14 5:6; 6:22
OFF [1] - 21:17 PERSONAL [1] - 21:18 PURSUANT [1] - 26:8
22; 9:3, 8, 22; 10:3, NAME [3] - 7:15, 17, 20 OFFICE [1] - 12:9 PERSUADED [1] -
8, 15, 22; 16:13 NAMES [2] - 16:18 OFFICIAL [3] - 1:23; 23:19
MARKETING'S [1] - NECESSARILY [1] - Q
26:6, 19 PERTAINING [2] -
21:22 24:11 OKAY [7] - 16:6; 18:14; 23:23; 24:5 QUESTION [64] - 4:22;
MATERIAL [1] - 12:12 NECESSARY [2] - 21:10; 22:11, 23-24; PHASE [2] - 14:3; 5:2, 10, 15, 22; 6:9,
MATTER [2] - 23:7; 24:11, 20 24:22 15:18 12-14, 17-19, 25; 7:6,
26:11 NECESSITY [1] - 24:13 ON [20] - 2:2, 7, 13; PHONE [1] - 21:17 11-12, 14, 24-25; 8:2,
MAY [3] - 5:20; 22:4; NEED [7] - 15:5, 18; 12:8; 15:17; 16:13, PIECE [1] - 15:18 6-8, 12-13, 15, 19,
23:3 18:3, 6, 15; 19:16; 17; 17:13, 21; 18:8, 24-25; 9:5, 10, 16,
PIECES [1] - 22:10
MAYBE [2] - 22:9; 20:12 25; 19:4; 20:1, 7; 18-20, 24-25; 10:1, 5,
PLAINTIFF [3] - 1:9;
23:15 NEXT [18] - 4:21; 5:1; 21:14; 22:11, 16; 9, 13-14, 19, 23;
2:2; 4:12
ME [8] - 4:5; 13:23; 6:13, 18; 7:12, 25; 23:11 11:2-4, 11-13, 16-18,
PLAN [1] - 22:25
14:7, 23; 17:16; 23:4; 8:7, 13, 19, 24; 9:5, ONE [29] - 4:12, 18; 22-23; 12:3, 6, 10,
PLEASE [13] - 3:5, 17,
24:15 19, 25; 10:14; 11:3, 5:9; 6:24; 7:10, 23; 14, 17, 19; 13:6; 16:1
19; 5:11; 8:20, 25;
MEAN [2] - 6:1; 12:24 12, 17, 22 8:5, 11, 18, 22; 9:3, QUESTIONS [2] - 7:3;
11:18, 23; 12:6; 13:3;
MEANT [1] - 12:21 NO [38] - 3:19; 5:8-10, 9, 23; 10:4, 9, 15, 23; 9:13
15:12; 18:14, 22
MIGHT [3] - 15:20; 25; 6:23-25; 8:4-6; 11:5, 8, 19, 24; 12:8; PM [1] - 3:1
21:5, 8 9:8-10; 10:3-5, 18-19; 13:4, 21; 16:11; POLLED [1] - 13:16 R
MINUTES [3] - 14:10, 12:5, 13-14, 17, 25; 17:10, 22; 22:10 PORTION [1] - 23:25 RAISE [2] - 16:11;
17, 24 13:8, 17-19, 25; 14:1; ONLY [2] - 7:3; 9:13 POSSESSIONS [1] - 17:16
MISUNDERSTOOD [1] 15:1, 18; 17:11, 23; ONTO [1] - 13:4 20:10 RAMALLO [1] - 3:10
- 22:4 18:11; 19:13; 24:15 OPTIMISTIC [1] - 21:6 POSSIBLE [1] - 23:5 RATHER [1] - 24:3
MITIGATE [2] - 9:7; NORTH [1] - 1:24 OR [25] - 3:19; 5:4, 24; PRECLUDES [1] - 19:4 REACHED [2] - 3:8, 24
12:4 NOT [13] - 14:18; 15:13, 6:20; 7:15, 17-18, 21; PREPARED [2] - 24:16, READ [4] - 4:7, 9;
MOMENT [1] - 13:21 24; 16:4, 16, 20; 8:3; 10:10, 17, 24; 18 13:12; 16:5
MOMENTS [1] - 18:24 17:19; 18:7; 19:13, 11:7, 9; 14:7, 18-19; PRESENCE [5] - 3:6, READY [3] - 15:2;
MONDAY [2] - 22:19; 21; 21:22; 22:6 16:19, 24; 17:4; 18:3; 18; 14:12; 18:22; 18:19; 20:21
23:2 NOTE [7] - 3:6, 18, 23; 19:14; 22:10, 20; 20:25 REALLY [2] - 19:9
MONICA [1] - 2:16 4:1; 18:22; 23:23 23:2 PRESENT [1] - 20:25 RECALL [3] - 16:16;
MOOT [1] - 23:25 NOTEBOOKS [1] - ORDINARY [2] - 5:6; PRESENTATION [2] - 23:6; 24:3
MORE [4] - 15:25; 24:20 6:22 21:13; 22:5 RECEIVE [1] - 16:2
21:19, 23; 22:21 NOTICED [1] - 19:2 ORIGINAL [1] - 1:8 PRESENTED [5] - RECEIVED [2] - 3:7, 23
MOTHER [1] - 21:19 NOW [4] - 14:5, 18; ORRICK [1] - 2:8 13:12; 22:15; 23:21 RECENTLY [1] - 3:23
MOTHER-IN-LAW [1] - 16:21; 21:20 OTHER [1] - 21:9 PRESIDENT'S [1] - RECESS [2] - 15:11;
21:19 NUMBER [27] - 4:15, OUR [1] - 22:14 23:1 20:23
MOTION [4] - 17:17; 18, 23; 5:3; 6:9, 14, OUT [7] - 5:17, 23; 6:1; PRETTY [1] - 23:8 REFERRING [1] -
24:1, 4 19; 7:6, 14; 8:2, 8, 14:23; 16:5, 7; 20:12 PRIOR [1] - 17:1 16:23
MR [44] - 3:10, 21; 4:7; 15, 25; 9:6, 16, 20;
OUTSIDE [2] - 14:12; PROBLEM [3] - 15:1;
10:1, 9, 23; 11:4, 13, REGARD [1] - 16:2
5:17, 19, 21, 24; 6:4; 20:25 21:8; 23:3
18, 23; 12:3, 10; REGARDING [3] -
13:3, 18-19, 25; 14:1, OVER [2] - 11:9 PROCEED [27] - 4:21;
13:6; 24:19 12:11; 18:9; 23:21
9, 24; 15:4, 8, 15-16; OWN [2] - 4:23; 6:14 5:1, 11; 6:12, 17; 7:1,
NUMBERS [1] - 3:15 REGISTER [1] - 7:14
16:4, 9, 11, 25; 17:6, OWNED [2] - 7:5; 9:15 12, 25; 8:7, 13, 19, REGISTERED [2] -
9, 23; 18:5, 14; OWNERSHIP [1] - 11:8 24; 9:5, 11, 18, 25; 7:17, 20
20:12; 21:4, 10, 14, O 10:6, 13, 19; 11:2, REGULATIONS [1] -
17-18; 22:2-4, 9, O'CLOCK [2] - 14:5; 11, 16, 22; 12:7, 14;

26:12 SEPARATE [2] - 16:19; SUBMIT [1] - 24:8 8-10, 20-21, 25; 5:1, 6:12, 17, 25; 7:3, 11,
RELATED [4] - 4:15; 17:15 SUGGEST [1] - 18:2 3-4, 6-9, 15-16, 24; 8:6, 12; 9:10, 13,
14:19; 19:15 SERVE [1] - 20:7 SUGGESTION [1] - 21-22; 6:1-3, 6, 11, 18, 24; 10:5, 13, 19;
REMAIN [1] - 20:21 SERVING [1] - 19:1 14:9 13, 16, 18-20, 22-24; 11:2, 11, 16; 12:6,
REMAINING [3] - SETH [1] - 2:10 SUIT [1] - 20:22 7:3, 6-7, 9-10, 12, 14, 20; 13:12, 24;
18:20; 21:1, 15 SHALL [1] - 14:3 SUITE [3] - 2:5, 11, 16 14-19, 21-23, 25; 8:2, 14:18; 15:25; 16:12;
REMIGIO [6] - 4:7; 6:4; SHORTLY [1] - 21:24 SURE [3] - 3:14; 15:19; 4-5, 7, 10-11, 13, 17:12, 16-17; 18:7;
13:3; 18:14; 19:24; SHOULD [7] - 5:18, 23; 21:22 17-20, 24-25; 9:5, 19:12, 14-15; 21:18;
20:12 14:11; 18:3; 20:10; SUSPECT [2] - 18:17; 8-9, 13, 17, 19-20, 24:2, 13
REMOVED [1] - 23:24 21:3; 23:18 24:19 22-23, 25; 10:1, 3-4, THOMAS [4] - 3:21;
REPORTED [1] - 26:10 SHOW [5] - 5:19-21; SUTCLIFFE [1] - 2:8 12, 14, 18; 11:1, 3, 5:17, 21, 24
REPORTER [7] - 1:23; 12:19 SYSTEM [1] - 19:1 5-6, 9-10, 12, 15, THOSE [1] - 21:6
19:20, 25; 26:1, 6, 19 SHOWING [2] - 12:22 17-18, 22-23, 25; THREE [3] - 5:3; 20:3;
12:5, 8, 11, 13, 16, 21:7
REPRESENTATION [1] SIDEBAR [2] - 13:22; T 18, 20-25; 13:1, 4,
- 12:11 14:14 THROUGH [2] - 12:25;
REQUEST [2] - 13:15; TAKE [1] - 14:22 8-9, 11-12, 15, 20, 20:20
SIDES [2] - 5:20; 20:4
24:9 TALK [7] - 14:18; 23-24; 14:2-4, 10-13, THUS [1] - 22:6
SIGNED [2] - 4:8; 13:9
REQUESTED [1] - 24:4 18:16-18; 19:14; 15-22; 15:1, 5-6, TIME [8] - 7:17, 19;
SIMILAR [5] - 5:4; 6:20;
24:21 12-13, 16-18, 20, 13:24; 14:16; 22:1,
RESOLVE [1] - 14:11 7:18, 21; 8:3
TALKING [1] - 22:5 23-24; 16:1, 3, 6, 10, 20-21; 24:13
RESOLVED [1] - 24:16 SIMULTANEOUSLY [1]
TALL [1] - 19:21 12, 14, 16-19, 21, 23; TITLE [1] - 26:9
RESPECT [5] - 5:15; - 23:11
TASK [2] - 19:2, 12 17:1-3, 6, 8-10, TO [192] - 3:14; 4:4-7,
12:16; 18:1; 23:4; SINCE [2] - 14:2; 23:16
24:9 TECHNOLOGIES [21] - 12-14, 18-19, 21, 24; 9, 21; 5:1, 5-6, 8-11,
SO [11] - 5:17; 13:13;
4:13; 5:9; 6:24; 7:10, 18:1, 4, 6-7, 9, 12, 15, 19-20; 6:1, 12,
RETURN [2] - 3:14; 14:6; 15:16; 16:6;
23; 8:5, 11, 18, 23; 14-17, 20-23; 19:1, 3, 17, 21-23, 25; 7:1, 7,
14:17 17:16; 18:17; 19:23;
9:4, 9, 23; 10:4, 9, 5-8, 10-11, 13, 17, 9, 11-12, 18, 22,
RHONDA [1] - 2:3 21:21, 25; 22:18
16, 23; 11:5, 8; 20, 23-25; 20:1, 3, 6, 24-25; 8:4, 6-7, 10,
RIGHT [10] - 3:12; SOLE [1] - 19:5
17:11, 22 9-11, 13-14, 16, 12-13, 16-17, 19-20,
12:16; 13:20; 14:2; SOLELY [2] - 16:13;
TECHNOLOGIES' [4] - 18-22, 24-25; 21:1, 5, 22, 24; 9:1, 3, 5-6, 8,
17:8; 20:16; 22:12, 17:13
11:19, 24; 12:8; 13:5 8, 11-12, 14-15, 17, 10-11, 18, 22, 24-25;
18; 23:15; 24:14 SOME [2] - 15:6; 21:16
TELL [3] - 14:6; 18:15 20-21, 25; 22:5-7, 12, 10:3, 5-6, 13, 16, 19;
RISE [1] - 20:9 SOMETHING [1] -
TERM [3] - 5:4; 6:20; 16, 18-19, 24-25; 11:2, 5-6, 11, 16, 19,
ROOM [8] - 1:24; 14:4, 22:20
8:3 23:1, 6-7, 10, 15, 22, 24; 12:3, 6-7, 11,
10, 17-18; 15:24; SOMETIME [1] - 23:2
THAN [1] - 24:3 18-19, 24-25; 24:2, 14, 16, 19-21, 23-24;
20:10, 13 SOMEWHAT [1] -
THANK [30] - 3:12; 6:3; 12-13, 16-18, 21; 13:23; 14:3, 6-7, 10,
ROSALYN [4] - 1:22; 24:17
12:21; 13:2; 14:13, 26:6, 9 15-17, 19-20, 22;
19:25; 26:6, 19 SOURCE [3] - 5:6; 6:22
15, 20; 15:2-4, 8-10; THEIR [2] - 3:15; 17:15 15:24; 16:1, 12, 23;
RULE [3] - 23:25; 24:4 SOUTH [1] - 2:10
18:12, 18, 20; 19:1, THEM [7] - 14:6; 18:13, 17:3, 10, 16, 21;
SPEAK [1] - 20:11 18-19; 20:15
12, 18, 23; 20:3, 6, 8, 18:1, 3, 6, 14-17, 20,
S SPRING [1] - 1:24
16, 22; 21:4; 24:22, THEN [6] - 5:16, 21; 25; 19:14-17, 20, 23;
SS [1] - 26:3 6:4; 12:18, 20; 18:18
SACRIFICE [1] - 20:7 24 20:3, 6-7, 11-13,
STAFF [3] - 19:18, 23; THERE [17] - 5:16;
SALUTE [1] - 3:16 THANKFUL [1] - 19:8 20-21; 21:1, 4; 22:15,
24:22 12:17; 13:15, 23;
SANTA [1] - 2:16 THANKING [1] - 19:17 20, 24-25; 23:4, 9,
STAMBAUGH [2] - 2:4; 15:17, 21, 23; 16:16;
SAY [2] - 13:13; 19:8 THAT [70] - 3:23; 4:1; 16, 19-21, 23; 24:1,
14:9 17:1; 18:6; 21:15, 23;
SCHOLER [1] - 2:3 5:5, 11, 16, 22; 6:21; 5, 9, 12, 17, 22; 26:8
STAND [1] - 19:20 22:8; 23:22; 24:15,
SEARCH [3] - 16:14; 7:1, 12, 15, 25; 8:7, TOGETHER [3] - 17:14;
STARS [1] - 2:4 19
17:14 13, 16; 9:1, 11, 25; 24:21
STARTED [1] - 21:21 10:6; 11:4, 6-7, 24; THERE'S [2] - 17:11;
SEAT [1] - 3:15 TOMORROW [1] - 14:6
STARTING [2] - 23:6 13:6, 15; 14:25; 16:2, 24:19 TOO [2] - 21:7; 22:3
SEATED [4] - 3:5, 17;
STATE [1] - 26:3 6, 18; 17:9, 13, 16, THEY [12] - 5:18; 14:9;
15:12; 18:22 TORT [1] - 17:20
STATES [9] - 1:1, 5, 23; 19-20; 18:1, 7, 15; 16:6, 20; 17:15, 19; TRADEMARK [12] -
SECTION [34] - 4:16;
4:10; 12:9; 26:7, 9, 19:2, 5, 8-9, 18; 18:7, 15; 19:18; 20:5,
5:11, 15, 22; 6:5, 7; 4:16, 19, 24; 5:12;
13 20:21; 21:6, 11, 14, 12
7:1-3; 9:11-13; 10:6, 6:7, 10, 15; 7:5; 9:14;
STATING [1] - 3:8 25; 22:2, 6, 11, 15, THEY'RE [3] - 14:5; 12:9, 11; 23:24
20-21; 12:7, 15, 17,
STENOGRAPHICALL 17, 20, 22-23; 23:3, 18:16; 20:4 TRADEMARKS [2] -
20, 25; 13:4;
16:23-25; 17:1, 3-4, Y [1] - 26:10 9, 18, 20, 22-23; THEY'VE [2] - 3:8; 10:11, 25
6; 18:3; 23:21; 26:8 STEP [1] - 14:23 24:3, 9, 12, 20; 26:8, 20:15 TRAFFIC [1] - 7:15
SEE [7] - 17:18; 19:18, STILL [3] - 14:2; 15:23; 11 THINK [11] - 14:10, 24; TRAFFIC-IN [1] - 7:15
20-21; 20:4; 23:8; 21:1 THAT'S [2] - 5:21; 24:7 18:5; 21:3, 14, 23; TRANSACTIONS [2] -
24:13 STORM [1] - 21:20 THE [341] - 2:4; 3:5-7, 22:10; 24:11 11:5, 7
SEEM [2] - 17:16; 23:20 STREET [2] - 1:24; 2:10 9, 12-14, 17-18, THIRD [3] - 11:6; 22:19 TRANSCRIPT [2] -
SEND [1] - 14:3 SUBJECTS [1] - 19:15 21-23, 25; 4:1-4, 6, THIS [41] - 5:10, 19-20; 26:10, 12

TRAURIG [1] - 2:14 7:4, 16; 9:14 WHICH [4] - 4:8; 22:10; 24:22
TRAVEL [1] - 23:4 VARIOUS [1] - 16:19 24:11, 20 YOU'RE [6] - 6:4;
TREATED [1] - 24:5 VERDICT [24] - 3:8, 24; WHILE [1] - 15:23 14:17; 15:2, 19;
TRIAL [10] - 1:16; 3:6; 4:2, 6, 8, 16; 12:16, WHO [1] - 20:1 18:19; 20:20
15:12; 20:24; 21:1; 23; 13:12, 24; 14:19; WHOM [1] - 19:23 YOU'VE [1] - 19:24
22:16; 23:7, 19; 24:6, 15:6; 16:2, 14; 17:1, WILL [7] - 4:5, 8; 15:18; YOUR [40] - 3:10; 6:6;
20 9; 18:1, 9; 19:5; 18:24; 20:14; 21:15 12:24; 13:17-19, 25;
TRIALS [1] - 23:7 21:15; 23:20 WISH [2] - 16:1; 20:6 14:1; 15:3, 8, 10, 16,
TRIPLEADVANTAGE VERY [16] - 6:3; 14:20; WITH [21] - 5:15; 6:5; 22; 16:4, 8-9, 25;
[10] - 5:13; 6:8, 15, 20; 19:2, 8, 12, 18, 21; 11:5, 7; 12:16, 24; 17:23, 25; 18:11;
10:10, 17, 24; 11:20; 20:4, 8, 16, 22; 14:5; 17:15, 25; 18:1, 20:10; 21:4, 15, 17;
12:1 21:24; 24:22 16, 19; 19:15; 20:11, 22:2, 4, 14, 17, 22;
TROTTER [15] - 2:3; VICARIOUS [8] - 10:21; 14; 21:18; 23:4, 18; 23:3, 12-14; 24:7, 10,
13:17; 15:3, 10, 22; 16:12, 17, 21, 24; 24:9, 21; 26:12 22, 24
16:8; 17:24; 18:11; 17:5, 12 WITHOUT [2] - 5:4;
22:13; 23:3, 12; 24:7, VICARIOUSLY [1] - 6:20
24 17:20 WORK [3] - 14:16;
TROTTER'S [1] - 18:5 VINCENT [1] - 2:15 19:9; 23:10
TRUE [2] - 3:24; 26:9 VOLUMINOUS [1] - WORKED [2] - 19:18;
TRY [1] - 22:25 21:16 20:5
TWO [6] - 4:23; 14:24; VOLUNTEER [1] - 3:19 WOULD [32] - 12:19;
15:18; 16:18; 21:10; VS [2] - 1:10; 4:12 13:3, 21; 14:9, 16,
22:10 22; 16:11; 17:16;
W 18:2, 17; 19:3, 5, 17;
U WALK [1] - 20:20
21:11, 23, 25; 22:8,
15, 19-20, 22-23, 25;
U.R.L.'S [1] - 17:16 WANT [9] - 13:23; 14:7,
23:8, 20, 22-23;
UNANIMOUS [2] - 3:8, 15; 18:25; 20:3, 11;
24:15, 17
24 22:21; 23:16; 24:12
WRITE [5] - 8:20, 25;
UNDER [6] - 5:22; WANTED [1] - 24:10
11:18, 23; 22:20
12:17, 25; 19:13; WAS [16] - 5:16; 7:16,
WRITTEN [2] - 11:21;
24:5, 9 19-20; 8:2; 11:13;
12:2
UNDERLYING [1] - 16:14, 16; 17:1, 9;
WRONG [1] - 19:5
17:19 19:8; 22:14
UNDERSTAND [2] - WAY [2] - 16:20; 21:12
6:4; 17:11 WE [24] - 3:7, 23; 14:2,
Y
UNDERSTANDING [1] 4, 10, 15, 24; 15:23; YES [52] - 3:10, 19, 22,
- 22:14 16:4; 17:17; 18:3; 25; 4:3, 20-21, 25;
UNDERSTOOD [1] - 19:9, 11; 21:1, 3, 5-6; 5:1, 24; 6:1, 11-12,
16:12 22:9; 24:7, 10 16-17; 7:9-11, 22-24;
UNDERTAKING [1] - WE'LL [2] - 15:6; 22:10 8:10-12, 17-18; 9:17,
19:12 WE'RE [5] - 14:4; 22-24; 10:12; 11:1,
UNITED [9] - 1:1, 5, 23; 17:19; 21:6; 24:12 10-11, 15-16; 13:1,
4:10; 12:9; 26:7, 9, WEDNESDAY [2] - 14; 14:13; 15:16, 22;
13 1:18; 3:1 16:8, 10; 22:7; 23:12
UNLESS [1] - 24:18 WEEK [2] - 22:19, 25 YOU [92] - 3:7, 12, 21;
UNSURE [1] - 24:10 WEEKS [3] - 21:7, 10; 4:1; 5:10, 24; 6:1, 3,
UNTIL [3] - 15:25; 22:18 12, 17, 25; 7:3, 11,
24:16, 18 WEIGHT [1] - 19:7 24; 8:6, 12; 9:10, 13,
UP [1] - 22:20 WELL [4] - 18:3, 18; 18, 24; 10:5, 13, 19;
UPON [4] - 17:10, 17; 19:16; 20:5 11:2, 4, 11, 16; 12:6,
18:5 WENT [1] - 16:12 14, 21, 24; 13:2, 6,
USE [6] - 5:3; 6:19; WERE [6] - 5:17, 23; 13, 23; 14:7, 13, 20,
7:15; 8:2; 9:20 16:18-20; 24:10 22; 15:2-5, 7-10;
USED [1] - 14:5 WESTERN [1] - 4:11 16:2, 23; 17:2;
USING [1] - 10:1 WHAT [6] - 17:21; 18:2; 18:18-20, 25; 19:1,
USUALLY [1] - 19:22 23:8, 15, 18, 22 9-15, 18; 20:4, 6-8,
WHATEVER [1] - 22:15 10-11, 16-17, 22;
21:3, 12; 22:5, 21;
V WHEN [5] - 14:17; 15:1;
23:9, 15; 24:12, 15,
18:19; 20:20; 24:21
VALERIE [2] - 1:5; 2:9 WHERE [2] - 17:14, 19 21-22, 24
VALID [5] - 4:18; 6:9; WHETHER [1] - 21:23 YOU'D [3] - 4:4; 20:20;

V Chang Jury Verdict

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V Chang Jury Verdict

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1 UNITED STATES OF AMERICA

2 UNITED STATES DISTRICT COURT

3 CENTRAL DISTRICT OF CALIFORNIA

17 LOS ANGELES, CALIFORNIA

18 WEDNESDAY, JANUARY 12, 2011

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT

3 KAYE SCHOLER LLP

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT

1 LOS ANGELES, CALIFORNIA; WEDNESDAY, JANUARY 12, 2011; 1:30 PM

5 THE COURT: GOOD AFTERNOON. PLEASE BE SEATED. IN

6 THE TRIAL I NOTE THE PRESENCE OF THE ATTORNEYS AND THE

7 PARTIES. AS YOU KNOW, WE RECEIVED A NOTE FROM THE JURY,

8 STATING THEY'VE REACHED A UNANIMOUS VERDICT.

9 CAN MY CLERK CALL IN THE JURORS?

10 MR. RAMALLO: YES, YOUR HONOR.

11 MR. GOSS: YES, YOUR HONOR.

12 THE COURT: ALL RIGHT, THANK YOU.

13 (THE JURY ENTERS THE COURTROOM.)

14 THE COURT: COULD THE JURORS BE SURE TO RETURN TO

15 THEIR ASSIGNED SEAT NUMBERS.

17 THE COURT: GOOD AFTERNOON. PLEASE BE SEATED. I

18 NOTE THE PRESENCE OF ALL OF THE JURORS.

19 PLEASE ANSWER "YES" OR "NO." DON'T VOLUNTEER ANY

20 INFORMATION, EXTRA INFORMATION.

21 MR. DONALD THOMAS, ARE YOU THE FOREPERSON?

22 THE FOREPERSON: YES.

23 THE COURT: WE RECEIVED A NOTE RECENTLY THAT THE

24 JURY HAS REACHED A UNANIMOUS VERDICT; IS THAT TRUE?

25 THE FOREPERSON: YES.

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT

1 THE COURT: I NOTE THAT YOU HAVE AN ENVELOPE.

2 DOES IT CONTAIN THE VERDICT?

3 THE FOREPERSON: YES.

4 THE COURT: IF YOU'D PASS IT DOWN TO THE BAILIFF,

5 HE'LL HAND IT TO ME AND I WILL CHECK IT FOR FORM. AND AFTER

6 I CHECK THE VERDICT FORM, I'LL HAND IT TO ME CLERK,

7 MR. REMIGIO, TO READ.

8 I WILL HAND THE VERDICT FORM, WHICH HAS BEEN SIGNED

9 AND DATED BY THE FOREPERSON, TO THE CLERK TO READ.

10 THE CLERK: UNITED STATES DISTRICT COURT, CENTRAL

11 DISTRICT OF CALIFORNIA, WESTERN DIVISION. CONSUMERINFO.COM

12 INCORPORATED, A CALIFORNIA CORPORATION, PLAINTIFF, VS. ONE

13 TECHNOLOGIES LP, A DELAWARE LIMITED PARTNERSHIP, AND ADAPTIVE

14 MARKETING LLC, A DELAWARE CORPORATION, DEFENDANTS, AND

15 RELATED COUNTERCLAIMS; CASE NUMBER CV 09-3783-VBF(MANX),

16 VERDICT FORM, SECTION A, CONSUMERINFO'S TRADEMARK

17 INFRINGEMENT CLAIM, FREECREDITREPORT.COM.

18 NUMBER ONE: IS FREECREDITREPORT.COM A VALID AND

20 THE ANSWER IS YES.

21 IF THE ANSWER IS "YES," PROCEED TO THE NEXT

23 NUMBER TWO: DOES CONSUMERINFO OWN

25 THE ANSWER IS YES.

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT

1 IF THE ANSWER IS "YES," PROCEED TO THE NEXT

3 NUMBER THREE: DID THE DEFENDANT USE

4 FREECREDITREPORT.COM OR A SIMILAR TERM WITHOUT THE CONSENT OF

5 CONSUMERINFO IN A MANNER THAT IS LIKELY TO CAUSE CONFUSION

6 AMONG ORDINARY PURCHASERS AS THE SOURCE OF GOODS -- AS TO THE

7 SOURCE OF THE GOODS?

8 AS TO ADAPTIVE MARKETING, THE ANSWER IS NO.

9 AS TO ONE TECHNOLOGIES, THE ANSWER IS NO.

10 IF YOU ANSWERED "NO," TO THIS QUESTION AS TO EITHER

11 DEFENDANT, PLEASE PROCEED TO SECTION B AS TO THAT DEFENDANT.