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HIGHLY CONFIDENTIAL
`
`Page 1
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`--------------------------------------------X
`SOLOCRON MEDIA, LLC,
` PLAINTIFF,
`
` -against-
`
`VERIZON, et al., CELLCO PARTNERSHIP d.b.a.
`VERIZON WIRELESS, AT&T, INC., AT&T MOBILITY,
`LLC, SPRINT CORPORATION, SPRINT
`COMMUNICATIONS COMPANY, L.P., SPRINT
`SOLUTIONS, INC., and T-MOBILE USA, INC.,
`
` DEFENDANTS.
`--------------------------------------------X
` ***HIGHLY CONFIDENTIAL***
`
` DEPOSITION OF MATTHEW ALDERSON
` Basking Ridge, New Jersey
` Wednesday, March 18, 2015
`
`Reported by:
`Rebecca Schaumloffel, RPR, CLR
`Job No: 91583
`
`TSG Reporting - Worldwide 800-702-9580
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`Page 2047-001
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`DE-DESIGNATED BY VERIZON
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`Solocron Ex. 2047 - Verizon Wireless, AT&T Mobility - IPR2015-00387
`
`

`

`HIGHLY CONFIDENTIAL
`
`Page 2
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` March 18, 2015
` 12:59 p.m.
`
` Deposition of MATTHEW ALDERSON, held
`at the DOLCE BASKING RIDGE HOTEL, 300 N.
`Maple Avenue, Basking Ridge, New Jersey,
`before Rebecca Schaumloffel, a Registered
`Professional Reporter, Certified Livenote
`Reporter and Notary Public of the State of
`New York and the State of New Jersey.
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`TSG Reporting - Worldwide 800-702-9580
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`DE-DESIGNATED BY VERIZON
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`Page 2047-002
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`

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`HIGHLY CONFIDENTIAL
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`Page 3
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`A P P E A R A N C E S:
`
` TENSEGRITY LAW GROUP
` Attorneys for the Plaintiff
` 555 Twin Dolphin Drive
` Redwood Shores, California 94065
` BY: ANNAKA NAVA, ESQ.
`
` WILEY REIN
` Attorneys for the Defendant
` Cellco Partnership
` 1776 K Street NW
` Washington, DC 20006
` BY: KEVIN ANDERSON, ESQ.
`
` ALSO PRESENT:
`
` Jack Minnear, Esq., Verizon
` Dale Swindell, videographer
`
` * * *
`
`TSG Reporting - Worldwide 800-702-9580
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`DE-DESIGNATED BY VERIZON
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`Page 2047-003
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`

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`HIGHLY CONFIDENTIAL
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`Page 4
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` M. ALDERSON
` THE VIDEOGRAPHER: This is the
`start of media labeled number 1 of the
`videotaped deposition of Matt Alderson
`in the matter Solocron Media versus
`Verizon, et al. This deposition is
`being held at 300 N. Maple Avenue,
`Basking Ridge, New Jersey on March 18,
`2015, at approximately 12:59 p.m.
` My name is Dale Swindell from
`TSG Reporting, Incorporated. I am the
`certified legal video specialist. The
`Court Reporter is Rebecca Schaumloffel
`in association with TSG Reporting.
` Will counsel please introduce
`yourselves.
` MS. NAVA: Annaka Nava from
`Tensegrity law firm for plaintiff
`Solocron Media, LLC.
` MR. ANDERSON: Kevin Anderson
`from Wiley Rein for defendant, Cellco
`and with me, I have in-house counsel,
`Jack Minnear.
` THE VIDEOGRAPHER: Will the
`Court Reporter please swear in
`
`TSG Reporting - Worldwide 800-702-9580
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`DE-DESIGNATED BY VERIZON
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`Page 2047-004
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`

`

`HIGHLY CONFIDENTIAL
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` M. ALDERSON
` the witness.
`M A T T H E W A L D E R S O N, called as a
`witness, having been first duly sworn by a
`Notary Public of the State of New York, was
`examined and testified as follows:
`EXAMINATION BY
`MS. NAVA:
` Q. Good afternoon, Mr. Alderson.
` A. Hello.
` Q. Can you please state your name
`and address for the record?
` A. Matt Alderson, 32 Manor Drive,
`Byram, New Jersey, 07821.
` Q. Are you currently employed?
` A. Yes.
` Q. By whom?
` A. With Verizon.
` Q. And are you aware of the specific
`Verizon entity which employs you?
` A. Verizon Wireless.
` Q. What is your current position at
`Verizon Wireless?
` A. I am a product manager.
` Q. How long have you --
`
`TSG Reporting - Worldwide 800-702-9580
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`DE-DESIGNATED BY VERIZON
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`Page 2047-005
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`HIGHLY CONFIDENTIAL
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` M. ALDERSON
` A. Go ahead. For Verizon Wireless,
`sorry.
` Q. How long have you had that
`position?
` A. My current role, I have been a
`product manager in Verizon Wireless since
`around 2009.
` Q. What products are you
`responsible for?
` A. The products that I am
`responsible for today include ringtones and
`ringback tones, as well as product
`rationalizaiton. So I handle some smaller
`products. That's about it.
` Q. Do you have anyone working with
`you on ringtones?
` A. No, I am the only one.
` Q. Prior to 2009, what was your
`position?
` A. Prior to 2009, I worked on
`applications for the, what we call the BREW
`application store. So I was in charge of
`testing and publishing applications. So that
`was roughly 2006 to 2009.
`
`TSG Reporting - Worldwide 800-702-9580
`
`DE-DESIGNATED BY VERIZON
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`Page 2047-006
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`

`

`HIGHLY CONFIDENTIAL
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` M. ALDERSON
` Q. Did that position relate to
`ringtones in anyway?
` A. No. From 2006 to 2009, it was
`strictly with applications and publishing and
`testing.
` Q. Have you ever been deposed
`before?
` A. No.
` Q. So if at any time during the
`deposition you need a break, please feel free
`to say so.
` A. Okay.
` Q. If I ask a question that you
`don't understand, please let me know and I
`will try to rephrase it.
` A. Okay.
` Q. Is there any reason you cannot
`give truthful testimony today?
` A. No.
` MS. NAVA: I would like to mark
` the first exhibit as Exhibit 1.
` (Whereupon, Alderson Exhibit 1,
` Plaintiff Solocron Media, LLC's Notice
` of Deposition of Matt Alderson
`
`TSG Reporting - Worldwide 800-702-9580
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`DE-DESIGNATED BY VERIZON
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`Page 2047-007
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`

`

`HIGHLY CONFIDENTIAL
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` M. ALDERSON
` pursuant to Rule 30(b)(1) was marked
` for identification as of this date by
` the Reporter.)
` MR. ANDERSON: For the record,
` Exhibit 1 is the 30(b)(1) Deposition
` Notice of Matt Alderson.
`BY MS. NAVA:
` Q. Mr. Alderson, have you seen
`Exhibit 1 before?
` A. No, I have not.
` Q. Do you understand that you are
`here today to testify in your personal
`capacity regarding matters personally known
`to you?
` A. Correct, yes.
` Q. You can put that aside, please.
` MS. NAVA: I would like now to
` now mark deposition Exhibit 2, which
` is Solocron's 30(b)6 Notice.
` (Whereupon, Alderson Exhibit 2,
` Solocron's 30(b)6 Notice was marked
` for identification as of this date by
` the Reporter.)
`BY MS. NAVA:
`
`TSG Reporting - Worldwide 800-702-9580
`
`DE-DESIGNATED BY VERIZON
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`Page 2047-008
`
`

`

`HIGHLY CONFIDENTIAL
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` M. ALDERSON
` Q. Mr. Alderson, have you seen this
`document before?
` A. Yes, I have.
` Q. Do you understand that you have
`been designated as Verizon's 30(b)6 witness
`on a number of topics?
` A. Yes.
` Q. Do you understand that you are
`here to testify regarding Topics No. 1
`through 10 on page 6, as well as Topic No. 16
`on page 7 of Exhibit 2?
` A. Yes.
` Q. Do you understand that as a
`Rule 30(b)6 witness, you are -- your
`testimony binds the company?
` A. Yes.
` Q. And do you understand that you
`are here to testify in Verizon's shoes just
`as if Verizon was a living breathing person
`and could testify?
` A. Yes.
` Q. Mr. Alderson, are you prepared to
`testify as to Topics No. 1 through 10 and 16?
` A. Yes, I am.
`
`TSG Reporting - Worldwide 800-702-9580
`
`DE-DESIGNATED BY VERIZON
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`Page 2047-009
`
`

`

`HIGHLY CONFIDENTIAL
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` Q. What did you do to prepare?
` A. Well, to prepare, I have some
`historical knowledge from being associated
`with the product, although I did not
`directly -- was not directly the product
`manager. I worked on aspects of it from 2009
`to present. Some of the other things -- so I
`have knowledge there. Some other things that
`I did to prepare was research some of the
`information requested as far as device
`support where we sold ringtones from the
`application through the years. Reached out
`to Mary Jelinek, who is an IT contact who is
`-- she and her team have -- they helped build
`the application clients that we used to
`deliver the Verizon ringback tone
`application -- I'm sorry, ringtone
`application. And then looked at different
`documents internally, historical documents,
`that you have here as far as, you know,
`ringtones throughout the years. Looking at
`some of the numbers that were requested as
`well as far as totals and revenue numbers.
` As far as resources go, I
`
`TSG Reporting - Worldwide 800-702-9580
`
`DE-DESIGNATED BY VERIZON
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`Page 2047-010
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`

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`HIGHLY CONFIDENTIAL
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` M. ALDERSON
`couldn't reach out to anyone else because,
`unfortunately, a lot of the resources that
`historically had a lot of the knowledge
`around this are no longer with the company.
`So, like I said, I was -- I did not -- I was
`not the product manager over ringtones until
`recently. Prior to that was my co-worker
`Ryan Renfrow and then my boss. My former
`boss, Mitch Dornich. They are no longer with
`the company, and then other persons who had
`knowledge around ringtones they are no longer
`with the company either.
` So from what resources I have,
`Mary being the person internally, outside of
`that, just looking at documentation and, you
`know, what I know of the product.
` Q. Did you speak with anyone other
`than Mary Jelinek in your preparation for
`today's deposition?
` A. No. There's no one else to
`really speak to -- there is no resource that
`has knowledge around the topic.
` Q. Did you meet with your attorneys
`in preparation for the deposition?
`
`TSG Reporting - Worldwide 800-702-9580
`
`DE-DESIGNATED BY VERIZON
`
`Page 2047-011
`
`

`

`HIGHLY CONFIDENTIAL
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` M. ALDERSON
` A. Yes.
` Q. When did you meet with them?
` A. Yesterday, and we met, I think,
`about a month ago.
` Q. How long did you meet yesterday?
` A. About three hours.
` Q. How long did you meet a
`month ago?
` A. About four or five hours.
` MS. NAVA: I would like to mark
` another exhibit.
` (Whereupon, Alderson Exhibit 3,
` Two-page document was marked for
` identification as of this date by the
` Reporter.)
`BY MS. NAVA:
` Q. Mr. Alderson, do you recognize
`Exhibit 3?
` A. Yes. It looks like it is -- I
`assume this is my LinkedIn profile.
` Q. Can you, please, look it over and
`let me know if the information in Exhibit 3
`appears to be correct?
` A. Yes, this seems to be correct.
`
`TSG Reporting - Worldwide 800-702-9580
`
`DE-DESIGNATED BY VERIZON
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`Page 2047-012
`
`

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`HIGHLY CONFIDENTIAL
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` M. ALDERSON
` Q. You mentioned that ringtones
`recently came under your purview; is that
`correct?
` A. Correct.
` Q. When did it come under your
`purview?
` A. January of 2015.
` Q. But prior to that, you did have
`experience with ringtones at Verizon?
` A. From 2009 to 2014, I dealt more
`with application development. More of
`working with vendors to make sure the
`application is provided in time to launch
`with the device. So I had -- I was familiar
`with the application that delivered the
`content, the ringtone. But outside of that,
`I didn't, you know, manage the day-to-day or,
`you know, anything like that.
` Q. Can you please briefly describe
`your educational background?
` A. Sure. I have a bachelors of
`science degree from college, from Frostburg
`State University.
` Q. Did you have a specific major?
`
`TSG Reporting - Worldwide 800-702-9580
`
`DE-DESIGNATED BY VERIZON
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`Page 2047-013
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`

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`HIGHLY CONFIDENTIAL
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` A. Political science and justice
`studies.
` Q. Any graduate education?
` A. No.
` Q. Mr. Alderson, what is a ringtone?
` A. A ringtone is an audio file that
`is downloaded to a device that plays when
`someone calls you. It plays on the device.
` MS. NAVA: I would like to mark
` another document as an exhibit.
` (Whereupon, Alderson Exhibit 4,
` Defendant Verizon Communications and
` Cellco Partnership second supplemental
` objections and responses to
` Plaintiff's First Set of
` Interrogatories was marked for
` identification as of this date by the
` Reporter.)
`BY MS. NAVA:
` Q. Mr. Alderson, have you seen the
`document marked as Exhibit 4 before?
` A. I don't think I have -- no, I
`haven't seen this one.
` Q. I will represent to you that it
`
`TSG Reporting - Worldwide 800-702-9580
`
`DE-DESIGNATED BY VERIZON
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`Page 2047-014
`
`

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` M. ALDERSON
`is defendant Verizon's responses to
`plaintiff's first set of interrogatories,
`which are formal questions that the plaintiff
`has asked.
` If you can please turn to page 8
`of this document, which has on it
`"Defendant's first supplemental response to
`Interrogatory No. 1." In looking at the
`first paragraph, you will see it says, "From
`December 2007 to the present, Verizon
`Wireless has offered ringtones and MMS to its
`customers."
` Do you see that?
` A. Yes, I see that.
` Q. It's correct to say that at least
`since December of 2007, Verizon Wireless has
`offered ringtones to its customers?
` A. Yes.
` Q. The next sentence says, "The
`vendor for ringtones is RealNetworks, Inc.,
`and was formally WiderThan Americas, Inc.,
`which was acquired by RealNetworks, Inc., in
`2006 and then WiderThan Americas purchased
`Ztango, which provided ringtone services to
`
`TSG Reporting - Worldwide 800-702-9580
`
`DE-DESIGNATED BY VERIZON
`
`Page 2047-015
`
`

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` M. ALDERSON
`Verizon Wireless at least as far as back as
`2002."
` My question to you is, are you
`aware of any other vendor for ringtones other
`than those that are listed here?
` A. No. Those -- RealNetworks is the
`vendor that holds the ringtone catalog.
` Q. Continuing on in that paragraph,
`it says, "Since the first offering of
`ringtones in 2001, the ringtones offered by
`Verizon Wireless have alternatively been
`referred to as the BREW Store, Get It Now,
`VZW Tones, VCASTTones, Verizon Wireless Media
`Store and Verizon Tones."
` Do you see that?
` A. Yeah, I see it. What was the
`question again?
` Q. The question is whether -- are
`you aware of any other store or platform that
`Verizon has used to sell ringtones other than
`those listed in this sentence?
` A. Well, Verizon has distributed
`ringtones through the Verizon Tones
`application, which was also called the
`
`TSG Reporting - Worldwide 800-702-9580
`
`DE-DESIGNATED BY VERIZON
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`Page 2047-016
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`VCASTTones or VZW Tones through the Verizon
`Wireless media store, as well as VCAST Music.
`BREW store or Get It Now is more -- it is not
`how I would refer to it. That's more of an
`application store. But Verizon Tones is
`the -- would be the primary delivery vehicle.
` Q. So could a Verizon Wireless
`customer purchase ringtones through the BREW
`store?
` A. They can purchase ringtones from
`the Verizon Tones application in the BREW
`store.
` Q. Understood. And could a Verizon
`Wireless customer purchase ringtones through
`the Get It Now application?
` A. So they could purchase ringtones
`through the Verizon tones application, which
`is an application in the BREW store. So BREW
`store and Get It Now are the same thing. It
`is just different lingo. Or different, I
`guess, marketing terms.
` Q. Do you know the time period in
`which Verizon -- withdrawn.
` Is VZW Tones accurately referred
`
`TSG Reporting - Worldwide 800-702-9580
`
`DE-DESIGNATED BY VERIZON
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`

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` M. ALDERSON
`to as Verizon Tones or VZW Tones?
` A. It's Verizon Tones. The previous
`iteration was VZW Tones. So it's gone
`through different naming conventions over the
`years as the brand has -- Verizon brand has
`changed or modified. But essentially, it is
`the same Verizon application.
` Q. Is that also true for VCAST
`Music, is that the same application?
` A. The VCAST Music was a different
`application, but still Verizon published the
`application.
` Q. What is the difference between
`VCAST Music and VCAST Tones, for example?
` A. So VCAST Music -- the difference
`is that application sold full track music in
`addition to ringtones and ringback tones.
`The Verizon Tones application just sold
`ringtones and ringback tones.
` Q. Is it true for all of the
`different terminology used here for V
`Tones -- or, excuse me, is it true for all
`the different terminology used here for
`Verizon Tones that those applications
`
`TSG Reporting - Worldwide 800-702-9580
`
`DE-DESIGNATED BY VERIZON
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`Page 2047-018
`
`

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