CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
`
`1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TD AMERITRADE HOLDING CORP., TD )
`AMERITRADE, INC., and TD )
`AMERITRADE ONLINE HOLDINGS CORP.,)
` )
` Petitioners, )
` ) Case No.
` V. ) CBM2014-00131
` )
`TRADING TECHNOLOGIES ) Patent No.
`INTERNATIONAL, INC., ) 7,533,056
` )
` Patent Owner. )
`_________________________________)
` )
`TD AMERITRADE HOLDING CORP., TD )
`AMERITRADE, INC., and TD )
`AMERITRADE ONLINE HOLDINGS CORP.,)
` )
` Petitioners, )
` ) Case No.
` V. ) CBM2014-00133
` )
`TRADING TECHNOLOGIES ) Patent No.
`INTERNATIONAL, INC., ) 7,676,411
` )
` Patent Owner. )
`_________________________________)
`(Caption continues on following page.)
`
` VIDEOTAPED DEPOSITION OF AKIKO ROSENBERRY, VOLUME I
` LOS ANGELES, CALIFORNIA, FEBRUARY 16, 2015
` (PAGES 1-103)
`
`MARLA D. SHARP, RPR, CLR, CCRR, CSR No. 11924
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`TRADING TECH EXHIBIT 2094
`TD Ameritrade v. Trading Technologies
`CBM2014-00137
`
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
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`TD AMERITRADE HOLDING CORP., TD )
`AMERITRADE, INC., and TD )
`AMERITRADE ONLINE HOLDINGS CORP.,)
` )
` Petitioners, )
` ) Case No.
` V. ) CBM2014-00135
` )
`TRADING TECHNOLOGIES ) Patent No.
`INTERNATIONAL, INC., ) 6,772,132
` )
` Patent Owner. )
`_________________________________)
` )
`TD AMERITRADE HOLDING CORP., TD )
`AMERITRADE, INC., and TD )
`AMERITRADE ONLINE HOLDINGS CORP.,)
` )
` Petitioners, )
` ) Case No.
` V. ) CBM2014-00136
` )
`TRADING TECHNOLOGIES ) Patent No.
`INTERNATIONAL, INC., ) 6,766,304
` )
` Patent Owner. )
`_________________________________)
` )
`TD AMERITRADE HOLDING CORP., TD )
`AMERITRADE, INC., and TD )
`AMERITRADE ONLINE HOLDINGS CORP.,)
` )
` Petitioners, )
` ) Case No.
` V. ) CBM2014-00137
` )
`TRADING TECHNOLOGIES ) Patent No.
`INTERNATIONAL, INC., ) 7,685,055
` )
` Patent Owner. )
`_________________________________)
`VIDEOTAPED DEPOSITION OF AKIKO ROSENBERRY, Volume I,
`taken on behalf of Patent Owner, at TransPerfect
`Translations, Inc., 2049 Century Park East, Room B,
`Los Angeles, California, commencing at 8:50 a.m.,
`Monday, February 16, 2015, before Marla D. Sharp,
`RPR, CLR, CCRR, CSR No. 11924.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
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`Page 2 of 120
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
`
`3
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`A P P E A R A N C E S:
`FOR PETITIONERS:
` STERNE, KESSLER, GOLDSTEIN & FOX
` BY: JONATHAN M. STRANG, ESQ.
` LORI GORDON, ESQ.
` MARK EVENS, ESQ.
` 1100 New York Avenue, NW
` Washington, DC 20005
` 202-371-2600
` jstrang@skgf.com
` lgordon@skgf.com
` mevens@skgf.com
`
`FOR PATENT OWNER:
` FINNEGAN, HENDERSON, FARABOW, GARRETT &
` DUNNER, LLP
` BY: KEVIN D. RODKEY, ESQ.
` 3500 Suntrust Plaza
` 303 Peachtree Street, NE
` Atlanta, Georgia 30308
` 404-653-6400
` kevin.rodkey@finnegan.com
`
` FINNEGAN, HENDERSON, FARABOW, GARRETT &
` DUNNER, LLP
` BY: JOSHUA L. GOLDBERG, ESQ.
` 901 New York Avenue, NW
` Washington, DC 20001
` 202-408-4000
` joshua.goldberg@finnegan.com
`
`ALSO PRESENT:
` Ryan Wong, videographer
` Harold Abilock
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
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`4
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` I N D E X
`EXAMINATION PAGE
`AKIKO ROSENBERRY
` BY MR. RODKEY 8
`
` EXHIBITS
`EXHIBIT DESCRIPTION PAGE
`Exhibit 2088 Printout from Investopedia.com 51
` dated 2-12-15 (1 page, not Bates
` stamped)
`Exhibit 2089 Printout from Kenkyusha Online 72
` Dictionary (1 page, not Bates
` stamped)
`Exhibit 2090 Black-and-white copy of an 74
` excerpt from Kenkyusha's New
` Japanese-English Dictionary
` (4 pages)
`
` PREVIOUSLY MARKED EXHIBITS
`EXHIBIT DESCRIPTION PAGE
`Exhibit 1007 Japanese version of Exhibit 29
` 1008 (335 pages, Bates Nos.
` TSE0000000647 - TSE0000000981)
`Exhibit 1008 Futures/Option Purchasing 27
` System Trading Terminal
` Operation Guide, Tokyo Stock
` Exchange, Operations Systems
` Division (335 pages, Bates Nos.
` TSE0000000647 - TSE0000000981)
`Exhibit 1020 Declaration of Akiko Rosenberry 27
` (1 page, not Bates stamped)
`Exhibit 1039 Declaration of Akiko Rosenberry 24
` (1 page, not Bates stamped)
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
`
`5
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` I N D E X
` (continued)
` INSTRUCTIONS NOT TO ANSWER
` PAGE LINE
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
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` LOS ANGELES, CALIFORNIA; MONDAY, FEBRUARY 16, 2015
` 8:50 A.M.
` * * *
` THE VIDEOGRAPHER: Good morning. We are
`going on the record at 8:50 a.m. Today's date is
`February 16th, 2015. This is Volume I, media Unit
`No. 1 of the video deposition of Akiko Rosenberry in
`the matter of TD Ameritrade Holding Corp versus
`Trading Technologies International, Inc., filed in
`the United States Patent and Trademark Office. And
`the case number is CVM201400131.
` This deposition is being held at
`2029 Century Park East, Conference Room B,
`Los Angeles, California, 90067.
` My name is Ryan Wong. I am the
`videographer, representing Henderson Legal Services.
` Will counsel and all present state their
`appearances and affiliations for the record, please.
` MR. RODKEY: Kevin Rodkey, with Finnegan,
`Henderson, Farabow, Garrett & Dunner, for Trading
`Technologies.
` MR. GOLDBERG: Joshua Goldberg, with
`Finnegan, Henderson, Farabow, Garrett & Dunner, for
`Trading Technologies.
` THE INTERPRETER: Harold Abilock, with
`
`202-220-4158
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`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
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`Rosenberry, Akiko
`February 16, 2015
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`JapanLink Translations.
` MR. EVENS: Go ahead, John. You introduce
`everybody.
` MR. STRANG: Jonathan Strang, from Sterne
`Kessler, for TD Ameritrade.
` MS. GORDON: Lori Gordon, from Sterne
`Kessler, representing TD Ameritrade. And with me
`today is Mark Evens, also from Sterne Kessler.
` THE VIDEOGRAPHER: The court reporter is
`Marla Sharp, representing Henderson Legal Services,
`and will now swear in the witness.
` AKIKO ROSENBERRY,
` having been duly administered an
` oath in accordance with CCP 2094, was
` examined and testified as follows:
` * * *
` THE VIDEOGRAPHER: One second. Can you put
`on the mike, please?
` And I think you have one as well. Oh, no,
`no. Just --
` THE WITNESS: Just one of those --
` MR. STRANG: Do you want me to wear it?
` THE WITNESS: That's okay? Is this okay?
` THE VIDEOGRAPHER: It's on that side right
`there.
`
`202-220-4158
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
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` * * *
` EXAMINATION
`BY MR. RODKEY:
` Q Good morning, Ms. Rosenberry.
` A Good morning.
` Q Would you please state your name and
`address for the record.
` A Akiko Rosenberry. The address? I live
`in -- you need a whole number?
` Q Yes, please.
` A Okay. We just moved.
` Q Oh.
` A So I don't remember.
` Okay. 12495 Dandelion Way, Victorville,
`California 92392.
` Q Thank you.
` A Sorry about that.
` Q And you understand that you're under oath
`today as if you're testifying in court?
` A Yes, I do.
` Q And you understand this means you must tell
`the truth?
` A Yes, I do.
` Q And we have a court reporter here today, so
`our conversation's being transcribed. We also have
`
`202-220-4158
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`Rosenberry, Akiko
`February 16, 2015
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`a videographer, so it's being recorded on video.
` And because of that I ask that you speak as
`clearly as you can so that she can get down the
`words that you said accurately and correctly in the
`transcript.
` A Okay.
` Q Can you do that for me?
` A Yes, I do understand.
` Q And, with that, to make sure that our
`transcript is clear, let's try not to interrupt each
`other. So, if you're giving an answer, I'll try not
`to interrupt you if you'll try not to interrupt me
`when I'm asking a question.
` A Okay.
` Q And do you understand that the transcript
`of this deposition can be used in a court or
`administrative proceeding?
` A I understand.
` Q And, Ms. Rosenberry, have you ever been
`deposed before?
` A No, I have not.
` Q Okay. Well, I'll give you a -- kind of a
`brief rundown of what we're going to do here.
` A Okay.
` Q And what we're here to do is we're here to
`
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`Rosenberry, Akiko
`February 16, 2015
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`discuss your affidavits and your part of a
`translation that was submitted in US Patent Office
`proceedings.
` So I just want to ask you a few questions
`about those, get some clarification. And hopefully
`you can provide answers for me during the process.
` A Okay.
` Q And I'm not trying to trick you. So, if
`you don't understand a question, will you please let
`me know --
` A Okay.
` Q -- and I'll try and rephrase the question?
` A Okay.
` Q Or, if I think it's clear, I might ask you
`to answer that question.
` And, if you do not tell me that you don't
`understand a question, can I assume that you've
`understood the question that I've asked?
` A If I don't ask you again, that means I
`understand?
` Q Yes.
` A Yes. Yes.
` Q And from time to time TD Ameritrade's
`counsel may object to a question.
` Do you understand that, unless you're
`
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`Rosenberry, Akiko
`February 16, 2015
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`instructed not to answer, you must answer the
`question?
` A Yes, I do.
` Q And I try to take a break every 45 minutes
`to an hour. But if you need another break at
`another time, please let me know.
` A Okay.
` Q And what I ask is that, if I've ask a
`question before we take a break, will you answer the
`question that I've asked just so we can end the
`questioning at that point?
` A Oh, before that?
` Q Before we take the break.
` A Okay. I do.
` Q And do you understand that during the
`breaks you are not permitted to discuss your
`testimony with anyone, including counsel for
`TD Ameritrade?
` A Okay. I understand.
` Q And is there any reason that you cannot
`testify truthfully and accurately today?
` A I don't think so.
` Q So you haven't taken any medications or
`other substances --
` A Oh.
`
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`Rosenberry, Akiko
`February 16, 2015
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` Q -- that would prevent you from testifying
`truthfully?
` A No. Just cup of coffee.
` Q Okay. And, if that changes and for some
`reason you cannot testify truthfully and accurately,
`will you let me know?
` A I will.
` Q And have you done anything to prepare for
`today's deposition?
` A No.
` Q Did you meet with anybody?
` A Yes.
` Q Who did you meet with?
` A The lawyers.
` Q Okay. For the record, could you please
`give the names of the lawyers?
` A Jon and Mark.
` Q And that's Jon Strang?
` A Yes.
` Q And Mark Evens?
` A Yes.
` Q And did you meet with anyone else?
` A Nope.
` Q So just those two?
` A Yes.
`
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`Rosenberry, Akiko
`February 16, 2015
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` Q And when did you meet with Mr. Strang?
` A Yesterday.
` Q Yesterday was the 15th of February?
` A Yes.
` Q And when did you meet with Mr. Evens?
` A Yesterday.
` Q And did you meet with Mr. Strang any other
`times?
` A No.
` Q Did you meet with Mr. Evens any other time?
` A No.
` Q Okay. How long did you meet with
`Mr. Strang?
` A For about a couple hours.
` Q And how long did you meet with Mr. Evens?
` A Couple hours, at the same time.
` Q And you said you met with them together at
`the same time?
` A Together at the same time.
` Q And did you review any documents in
`preparation for this deposition?
` A Briefly.
` Q Okay. What documents did you review?
` A I believe it was a manual that I
`translated.
`
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`February 16, 2015
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` Q Do you remember the name of that manual?
` A No.
` Q Do you remember about how thick the manual
`was?
` A About this (indicating). That's how I --
` Q Okay. And that's about an inch thick,
`let's say, for the transcript?
` A Maybe less. Yes, about.
` Q And do you remember what parts of that
`manual you looked at?
` A The -- about the whole thing and just
`flipped through the pages. So nothing particular.
` Q So you went through the entire manual?
` A No. Well -- no.
` Q No? Okay.
` A No. I just sort of looked at it.
` Q Okay. Did you --
` A Because I didn't even know which -- what we
`were going to talk about, so...
` Q Okay. And did someone tell you that we
`were going to talk about that manual?
` A Yes.
` Q Who told you we were going to talk about
`it?
` A Mark.
`
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`February 16, 2015
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` Q And did you discuss that manual with Mark?
` A We didn't discuss it.
` Q Sorry. It looks like the record's not
`clear on your answer.
` You did or did not discuss that?
` A We looked at it, and I did not know -- I
`have done many, many translations. I did not know
`which exactly subject -- which subject we were
`talking about.
` So they just showed me, "This is what we're
`going to talk about." And that's all. We didn't --
`it was already late, so...
` Q And so you did not discuss any pages of it?
` A No.
` Q And are you being paid for your time today?
` A TransPerfect is going to reimburse whatever
`it costs, hotel and the meals.
` Q Okay. And are you receiving any other
`compensation?
` A I'm not sure.
` Q You don't know?
` A I don't -- I don't know. There's -- "Can I
`choose not to come?" Said, "No. That's not an
`option."
` Q And what language do you consider to be
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`Rosenberry, Akiko
`February 16, 2015
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`your native language?
` A Japanese.
` Q Do you consider any other native --
`languages to be your native language?
` A Almost native in English.
` Q Almost native.
` A Almost. Some of the -- some of the
`pronunciations are not in me. So, like, I still
`have a problem with R and L and little
`pronunciations, yes.
` Q When did you first begin to study English?
` A Public school in Japan. So I would say
`seventh grade.
` Q And so did you formally study English?
` A Yes. I was -- Japanese compulsory
`education gives you six years of English education.
`And I proceeded to take British and American studies
`in Nanzan University. So, yes, I was major in
`English.
` Q And did you do any further studies of
`English other than part of your compulsory education
`and in university?
` A Since it was a British and American study,
`first three years we did the lab, you know,
`interpretation classes.
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`202-220-4158
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`www.hendersonlegalservices.com
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`Page 16 of 120
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
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` And then in junior year I was -- I took an
`extended student program and went to Denver and
`finished up the college in Denver. The college is
`called Women's -- the Colorado Women's College,
`which is now bought by Denver University, so no
`longer exists.
` Q And when did you first begin learning
`Japanese?
` A Learning Japanese?
` Q Mm-hmm.
` A I was born in Japan. So naturally I --
`spoke maybe --
` Q So all your life?
` A Yeah. All my life.
` Q And have you ever studied translation?
` A Translation -- not as in English.
`Translation would be in college, university, Nanzan
`University.
` Q And how much study in translation do you
`have?
` A Oh, from the past till now?
` Q In university.
` A Universities. Let's see. I don't know
`exact hours; but by the time I was transferred to
`Colorado Women's College, I had enough credits to
`
`202-220-4158
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`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
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`Page 17 of 120
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
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`already graduate. So they had to cut down, so I --
`I would -- do I need to -- do you need the hours
`or --
` Q Did you take one class? Two classes?
`Three classes?
` A Oh, no, the entire classes were bas- --
`see, you have to take the basic -- like a science.
`And since it was a Catholic school, I had to take
`some religion class and all that.
` Besides the fundamental basic class,
`everything else was in English. So I would say two
`years completely -- let's see.
` All the credit hours, all my classes were
`English related: English literature, sociology,
`American histories, American cultures, that sort of
`thing. So I can't give you exact hours, but that
`was what I was majoring. So...
` Q Okay.
` A And then I -- then, of course, in -- two
`years in Colorado Women's College was entirely in
`English.
` Q Okay. So your courses were taught in
`English.
` But did you ever actually study the
`translation of Japanese to English?
`
`202-220-4158
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`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
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`Page 18 of 120
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
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` A In one of those -- some of those classes
`were translations.
` Q And is translation your primary occupation?
` A Yes.
` Q Do you have any other occupations?
` A Are you talking about current or in the
`past? Currently?
` Q Let's start with current.
` A Current, nothing else.
` Q And what about in the past?
` A In the past I have worked as a freelance
`and also worked at the Egyptian embassy. And in
`that particular job, which was in Akasaka-Mitsuke,
`Tokyo, I translated all the Egyptian-related
`newspaper articles. And everything was gathered to
`the central office in Tokyo.
` And my job was to translate the whole --
`everything about Egypt and, at the end of the month,
`summarize the whole thing and send it back to Egypt.
` And then I got a job with a organization
`called JICA, Japanese --
` Q I'm sorry. Let me stop you there briefly.
` When were you doing the translation for the
`Egyptian embassy?
` A Oh, I didn't bring my resume, so I don't
`
`202-220-4158
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`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
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`Page 19 of 120
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
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`know exactly when. I believe it was in 1980s. I
`worked there only about a year there. And then --
` Q And what languages were you translating
`there?
` A Japanese to English.
` Q And about how many hours a week do you
`spend doing translation currently?
` A Currently?
` Q Mm-hmm.
` A I average about seven hours.
` Q And, as a translator, do you usually get
`paid by the word?
` A By the word, yes.
` Q And what is your rate per word from
`Japanese to English?
` A Regular situation, it's 7 or 8 cents a
`word. And, depending on the subject, I sometime get
`10 to 12 cents. And, depending on the urgency, if
`it is an emergency that needs to be done in an hour
`or two or by the next day, they offer more.
` Q Okay. And what's your emergency rate?
` A Emergency rate? Up to 20 cents a word.
` Q And about how many words can you translate
`per day?
` A Per day, I usually go for 4,000 to 5,000,
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 20 of 120
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
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`depending on the subjects and whether it's printed
`or handwritten, or the subject matter. But average
`of about 4,000 or 5,000.
` Q And do you translate any other language
`pairs other than Japanese to English?
` A No.
` Q And are you an employee of TransPerfect?
` A I'm not -- as I understand, I'm not an
`employee of TransPerfect because all those -- all of
`us are called vendors and at the freelance basis.
`But we do have to take some tests, and they have to
`approve you. And we get audited randomly, and we
`have to sign a contract.
` So in that sense employee, but it's not --
`not in the term of regular monthly salary base, no.
` Q And you mentioned a test.
` What is that test?
` A They gave us sample Japanese documents, and
`I translate it and turned it in. And they -- in my
`case, I passed.
` Q And do you recall how long those documents
`were -- how many words?
` A About a full A1 -- A -- regular -- what do
`you call this paper? Full?
` Q Mm-hmm. Do you --
`
`202-220-4158
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`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
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`Page 21 of 120
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
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` A So you have about 1,500 words.
` Q And do you remember how long you had to
`translate those 1,500 words?
` A There was no time limit.
` Q And do you have to take any other tests to
`maintain your ties with TransPerfect?
` A What --
` Q Do they do anything to recertify you each
`year?
` A Depending on the client. For the client
`sometimes -- I did recall taking another written
`exam or test, you would say.
` Q And do you remember how long you spent
`translating the 1,500 words for that test?
` A Ooh. I don't remember exactly but an hour
`or so.
` Q Would you say it was a fairly easy test?
` A Moderately easy.
` Q And do you do any translation work for
`companies other than TransPerfect?
` A In Japan I -- after I worked for Egyptian
`embassy, I work for organization called JICA. It's
`Japan International Corporation Agency. It's under
`Ministry of Foreign Affairs. And I was a
`coordinator translator/interpreter.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 22 of 120
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
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` It's like -- do I need to explain?
` Q No.
` A Okay.
` Q That's fine.
` But do you currently work for any other
`translation --
` A No.
` Q -- companies?
` And for the test you took for TransPerfect,
`do you know who grades that test?
` A I don't know.
` Q Did you receive comments about your
`submission for that test?
` A No.
` Q So you just received a pass/fail?
` A Yes.
` Q And when you receive a translation
`assignment from TransPerfect, who assigns the work
`to you?
` A They have the coordinator or group leader
`or -- I don't -- they assign certain jobs, and they
`will either call me or put it on the Internet and
`ask, "I have this job. I have this many words. How
`many can you take?" Or sometimes "Client likes your
`previous job. Can you take the whole thing?"
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 23 of 120
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
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` And then, depending on the deadline, I will
`take the whole thing or, if I can't handle it all by
`myself, it's split to several others. And I either
`say, "Yes, I can. I need more time," and they will
`negotiate. And that's how I get it.
` Q And do you frequently have to negotiate the
`amount of time or the amount of words?
` A They're usually pretty -- I've been working
`with them for about four years and a half or so. So
`they pretty much know my capacity. So don't really
`have to negotiate so much. They already give me
`about, you know, 4,000 to 5,000 words a day range.
` Q And do they often give you urgent or
`emergency work?
` A Once in a while.
` Q About how much of your work would be
`emergency work?
` A I would say 10, 20 percent.
` Q And, when you get emergency work, how long
`do you usually have to complete that work?
` A It ranges. Anytime between three hours or
`overnight. Sacrifice sleep.
` Q I am handing you what has been marked as
`Exhibit TDA 1039 and proceeding CBM2014-00131.
` And do you recognize this document?
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 24 of 120
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
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` A I signed it, yes.
` Q And what does this document appear to be?
` A Appear to be one of those document I once
`in a while have to sign for the client, that I will
`be doing my very best to translate and that -- not
`to discuss it with anybody else.
` Q Would you please read this document -- or
`let's start at the top.
` Would you please read the first line of
`this document into the record.
` A Under the "Declaration of
`Akiko Rosenberry"?
` Q Yes.
` A "I, Akiko Rosenberry, declare
` as follows."
` Q Okay. And then would you please read the
`first paragraph into the record.
` A "I am fluent in Japanese and
` English."
` Q And please read the second paragraph.
` A "My qualifications to translate
` technical" document --
` "documentation, such as the Tokyo
` Stock Exchange document titled
` 'Futures/Option Purchase System -
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 25 of 120
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`CBM2014-00131; CBM2014-00133; CBM2014-00135; CBM2014-00136; CBM2014-00137
`Rosenberry, Akiko
`February 16, 2015
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` Trading Terminal Operation Guide'
` ('the TSE document') includes:
` "Over 30 years of translating from
` Japanese to English.
` "Bachelor of Arts from Colorado
` Women's College (Cum Laude)."
` Q And would you please read the third
`paragraph.
` A "I personally translated pages 1
` to 100 of the TSE document from
` Japanese to English to the best of
` my ability. I certify that the
` translations of those pages are
` accurate and correct to the best of
` my knowledge and belief."
` And four?
` Q And please read the fourth.
` A "I declare under penalty of
` perjury that the foregoing is true
` and correct to the best of my
` knowledge and belief; and further
` that these statements were made with
` the knowledge that willful false
` statements and the like so made are
` punishable by fine or imprisonment,
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`ww