UNDER ARMOUR,INC. vs. ADIDAS AG
`William R. Michalson, Ph.D. on 02/05/2016
`
`Page 1
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
` BOARD BEFORE THE PATENT TRIAL AND APPEAL
`
`Under Armour, Inc.,
`
`
`
` Petitioner
`
`M3
`
`
`
`Adidas AG,
`
`Patent Owner
`
`
` Case No.
`IPR2015-00698
`
`
`
`
`
`Patent No. 8,092,345
`
`DEPOSITION OF WILLIAM R. MICHALSON, Ph.D.
`
`
`
`
` FEBRUARY 5, 2016
`9:45 A.M.
`
`
`
`
`
`20
`
`
`KILPATRICK TOWNSEND & STOCKTON LLP
`1100 PEACHTREE STREET, N.E.
`SUITE 2800
`
`ATLANTA, GEORGIA
`
` SUZANNE BEASLEY, RPR
`
`CCR-B-1184
`
`
`
` www.huseby.com
`Huseby, Inc. Regional Centers
`Charlotte ~ Atlanta ~ Washington, DC ~ New York ~ Hous
`
`Exhibit 2075
`
`Bradium Technologies LLC - patent owner
`
`Microsoft Corporation - petitioner
`IPR2016-00448
`
`4
`
`1
`
`

`

`UNDER ARMOUR,INC. vs. ADIDAS AG
`Page 1
`William R. Michalson, Ph.D. on 02/05/2016
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
` Under Armour,
`
`Petitioner
`
`M3
`
`
`
`
`Adidas AG,
`
`Patent Owner
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LMC .,
`
`
`
`
`Case No.
`
`IPR2015-00698
`
` Patent No. 8,092,345 DEPOSITION OF WILLIAM R. MICHALSON, Ph.D.
`
`
`
` FEBRUARY 5,
`2016
`9:45 A.M.
`
`
`
`
`
`
`20
`
`
`
`KILPATRICK TOWNSEND & STOCKTON LLP
`
`1100 PEACHTREE STREET, N.E.
`SUITE 2800
`
`
`
`ATLANTA, GEORGIA
`
`SUZANNE BEASLEY, RPR
`CCR-B-1184
`
`
`
`800-333-2082
`Huseby, Inc. Regional Centers
`www.huseby.com
`Charlotte ~ Atlanta ~ Washington, DC ~ New York ~ Houston ~ San Francisco
`UA-1012.001
`
`4
`
`1
`
`

`

`products is plainly demonstrated by the number of
`
`And in particular if you go ta
`Q.
`paragraph 75, you state that MapMyFitness is evidence
`of commercial suceess; is that correct?
`A,
`I don't see the particular turn of phrase
`you used.
`Soxxy.
`a,
`I was just asking you to confirm
`that you lay out your evidence for what -- for your
`opinion that the MapMyPitness mobile applications are
`evidence of commercial success.
`Is that correct?
`
`INDEX TO EXAMINATION
`
`Examination
`
`Page No.
`
`By Mr. Ansley ....-.- cece eee e eee ee eeee 4
`
`INDEX TO EXHIBITS
`
`Exhibit No.
`
`Exhibit 2002
`Declaration cf William R.
`Michalson, Ph.D.
`
`APPEARANCES OF COUNSEL:
`On behalf of the Petitioner:
`W. SUTTON ANSLEY, Esq.
`Weil, Gotshal & Manges LLP
`2300 Eye Street, N.W.
`Suite 900
`
`Washington, D.c.
`(202) 682-7018
`
`20005-3314
`
`sutton, ansley@weil.com
`
`On behalf of the Patent Owner and the Witness:
`JONATHAN D. GLINGER, Esq.
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street, N.E.
`Suite 2800
`
`Atlanta, Georgia
`(404) 815-6509
`
`30308
`
`jolinger@kilpatricktownsend.com
`
`wooOoYhHhkeowotoe
`hePpPeeBWwNFoO
`
`weoTHKwnfeWwWHPR
`NOMONNMONNMBPFPFFEFPPPHPPPRBnfWNYFBDbbowtTAbFYeH
`
`UNDER ARMOUR, INC.vs. ADIDAS AG
`William R. Mickalson, Ph.D. on 02/05/2016
`Page Z
`
`Pages 2..5
`Page 4
`
`(The signature of the witness to the
`deposition was reserved. }
`WILLIAM R. MICHALSON, Ph.D,
`having been duly sworn, was examined and testified
`as follows:
`
`EXAMINATION
`
`BY MR. ANSLEY:
`
`Q.
`A.
`
`Hello again, Dr. Michalson.
`Helle.
`
`We just concluded the deposition for IPR
`Q.
`proceeding that ends in 697, Now we're moving on to
`the IPR proceeding that ends in 698 for U.S. Patent
`No. 9,092,345.
`
`Again,
`
`same miles as last time. You
`
`understand?
`A,
`
`Yes.
`
`(Exhibit 2002 was marked for
`identification.)
`BY MR. ANSLEY:
`
`So I've already handed you Exhibit 2002.
`Q.
`Are you familiar with this decument?
`A,
`Yes.
`
`Let's turn to page 35. And in Section B
`Q.
`you provide analysis of secondary considerations; is
`that correct?
`
`A.
`
`That's correct.
`
`Page 5
`
`And let's turn to paragraph 74. And in 74
`Q.
`you mention the MapMyFitness mebile applications and
`state, "It is my conclusion that the commercial
`success of these mobile applications supports a
`finding that the instituted claims are not obvious."
`Do you see that?
`A,
`Yes.
`
`On paragraph 75 I elaborate on that
`A.
`opinion, yes.
`And then in paragraph 77 you state
`Q.
`Okay.
`that -- sorry, I've got the wrong paragraph here.
`Give me one second.
`
`All right, 76. You state in your opinicn,
`the commercial success of the MapMyFitness suite of
`
`wooaMNWFmewe
`NowMM&weeBeBBeeRoPoPoPopmeeMFoObbwDTHWeWwNMHP
`weramwiteWwWNM
`NNNNNNMFEFPEHPePPPeoe )
`
`800-333-2082
`Huseby, Inc. Regional Centers
`www.huseby.com
`Charlotte ~ Atlanta ~ Washington, DC ~ New York ~ Houston ~ San Francisco
`UA-1012.002
`
`2
`
`

`

`indlsbo
`
`UNDER ARMOUR,INC.ys. ADIDAS AG
`William R. Michalson, Ph.D. on 02/05/2016
`Page 6
`MapMyFitness users and Under Armour's purchase of
`MapMyFitness. Do you see that?
`A.
`I do.
`Q.
`So hypothetically would the profitability
`of MapMyFitness as a company be a relevant factor in
`your opinion to determining whether its products were
`commercially successful or not?
`MR. OLINGER: Objection.
`Outside the scope.
`THE WETNESS: Can you state that
`question again?
`BY MR. ANSLEY:
`
`Pages 6..9
`Page 8
`
`the profitability of a
`hypothetically,
`company may be due to a number of factors.
`T would have to analyze what that -- 1
`would have to leok and see what that
`profitability was due to. That's not what
`I'm talking about here in paragraph 76.
`BY MR. ANSLEY:
`
`I understand you're not talking about that
`Q.
`here, Well, so you mentioned two things. Again,
`it's the mumber of MMF users and Under Armour's
`
`Purchase of MMF would be the two factors that you
`considered.
`
`Would there be any other factors that you
`would want information -- I'm sorry.
`Would there be any other information that
`you would want te see to assess whether or not the
`MapMyFitness suite of products are commercially
`successful?
`
`MR. OLINGER: Objection, For,
`Outside the scope.
`THE WITNESS:
`
`I wasn't asked to
`
`consider any other factors and I didn't
`consider any other factors. You know, if
`there were more factors that were brought
`to my attention or that I obtained, I would
`
`consider them, but I did not do that
`analysis.
`BY MR. ANSLEY:
`
`De you consider yourself an expert in
`Q.
`evaluating whether a product is a commercial success?
`MR. OLINGER: Cbjection.
`Form.
`THE WITNESS:
`I have in the past been
`asked to provide opinions about technology
`and likelihood of success of technologies
`offered by different companies, both, you
`know, by entrepreneurial groups and also in
`some of my own endeavors trying tc do
`technical evaluations of companies and my
`assessment of likelihood of their
`
`So I certainly have some
`longevity.
`experience in that area.
`BY MR. ANSLEY:
`
`Well, I didn't ask you if you had
`Q.
`experience in the area.
`I asked you if you consider
`yourself an expert in evaluating whether a product is
`a commercial success or not.
`
`Form.
`MR. OLINGER: Objection,
`THE WITNESS:
`I think that I have
`engugh knowledge abont the field te be able
`to leok at some of the typical indicators
`
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`Form.
`
`So you mention two factors here.
`Sure.
`Q.
`In paragraph 76 you state that commercial success is
`demonstrated, A, by the number of MMF users, and, B,
`Under Armour's purchase of MapMyFitness.
`And my question is hypothetically would
`the profitability of MapMyFitness as a company be a
`relevant factor in your opinion to determining
`whether its products were a commercial success?
`MR, OLINGER: Chjection.
`Form.
`Cutside the scope.
`In paragraph 76 I'm not
`THE WITNESS:
`referring to the profitability of
`MapMyFitness.
`I'm referring to the number
`
`Page 7
`
`of users they aceumtlated and the fact that
`Under Armour purchased the company.
`BY MR. ANSLEY:
`
`I understand that, but I'm asking a
`Qa.
`hypothetical. Would the profitability of
`MapMyFitness be a relevant factor in your
`consideration if you have that information available
`to you?
`
`Form.
`
`MR. OLINGER: Objectien.
`Outside the scope.
`THE WITNESS: Well, hypothetically if
`I had the information available to me, I
`would review that information and determine
`
`if it appeared as if it made -- if it was
`also an indicator of commercial success.
`
`Without that information I can't really do
`that analysis.
`I would have to do that
`analysis.
`BY MR, ANSLEY:
`
`So without that information, you can't say
`Q.
`one way or another whether or not the company's
`profitability would be a relevant factor?
`MR. OLINGER: Objection.
`Form.
`Outside the scope.
`THE WITNESS: Again speaking
`
`800-333-2082
`Huseby, Inc. Regional Centers
`www.huseby.com
`Charlotte ~ Atlanta ~ Washington, DC ~ New York ~ Houston ~ San Francisco
`UA-1012.003
`
`3
`
`3
`
`

`

`UNDER ARMOUR, INC. ys. ADIDAS AG
`William R. Michalson, Ph.D. on 02/05/2016
`Page 10
`of success and determine if that, you know,
`at least represents to me something that is
`commercially successful.
`BY MR, ANSLEY:
`
`Do you have any expertise in evaluating
`
`Pages 10..13
`Page 12
`
`Form.
`
`MR. OLINGER: Objection.
`Outside the scope.
`I don't recall if I've
`THE WITNESS:
`lecked at those details or not.
`BY MR. ANSLEY:
`
`80 if there's any confidential information
`Q.
`you don't want to disclose, just let me know, but if
`you are aware of confidential information I'd ask you
`not to disclose that here.
`
`But your testimony is you don't recall
`whether you've seen how Under Armour came to the
`conclusion that MapMyFitness was worth $150 million?
`Yon can answer.
`
`I'm trying to hear the
`MR. OLINGER:
`question so I can decide whether or not to
`make an objection.
`I'm not preventing him
`answering.
`Form.
`Objection.
`THE WITNESS: Can you ask the
`question again, please?
`BY MR. ANSLEY:
`
`So you testified that you do not
`Sure.
`Q.
`recall if you leoked at the details of how
`Under Armour calculated the §15¢ million for the
`purchase price of MapMyFitness; is that correct?
`
`A.
`
`That's correct.
`
`Page 13
`
`So you don't know here, sitting here,
`Qa.
`whether they paid $149 million for capital
`investments, employees, know-how,
`things like that,
`and $1 millien fer the product itself, the underlying
`technology of the product itself?
`MR, OLINGER;
`Form.
`Objection.
`THE WITNESS:
`Offhand I doen't recall
`that breakdown.
`BY MR. ANSLEY:
`
`And you don't cite any evidence in your
`Q.
`declaration about how that evidence was calculated,
`
`do you?
`
`Form.
`MR, OLINGER: Objection.
`THE WITNESS:
`I don't believe so.
`BY MR, ANSLEY:
`
`Q.
`
`BY MR, ANSLEY:
`Q.9But you don't know one way or the other
`how this $150 million was calewlated?
`Q.
`So let's talk about the purchase of
`MR. OLINGER: Objection to form,
`MapMyFitness by Under Armour.
`In the end of
`THE WITNESS: As I said, I don't
`paragraph 75 you state, "In December 2013
`recall if I've seen that breakdewn or not,
`Under Amour acquired MapMyFitness for $150 million."
`but sitting here today, I don't recall how
`Do you see that?
`A.
`Yes.
`that was calculated.
`BY MR. ANSLEY:
`
`woranweWwWwbe
`NMNMMMwePRPBPPPPPYneWwwSobywamhokWwWNHSD
`wowswnmweWwWWweH
`MMNMNMMHPHPPYeeepSeopSUMFobfoaAmewBPGS
`
`
`
`So you said you think given enough
`Q.
`knowledge about the field.
`Is it your testimony then
`under oath that you think you're an expert in
`evaluating whether a product is a commercial success?
`MR, OLINGER: Objection.
`THE WITNESS:
`1 stand by what I say
`in paragraph 76.
`I'm offering an opinion
`that based on the number of MMF users and
`
`the purchase of MMF, that it appears that
`those products were at least successful
`enough to get bought up. And presumably
`Under Armour would not have purchased MMF
`if they didn't think they were gaing to
`make money with that suite of products.
`BY MR, ANSLEY:
`
`I want to get to that in a second, that
`Q.
`last thing you said, but so you're not saying one way
`or the other whether you're an expert or not in
`evaluating the commercial success of products?
`MR. OLINGER: Objection.
`Form.
`THE WItNESS:
`I'm not evaluating the
`
`Page 1
`
`commercial success in the same sense that
`
`somebody who's in the business of
`evaluating the business aspects of
`comanies would evaluate those companies.
`I'm looking at, you know,
`the number of
`users.
`I'm looking at,’ you know,
`the
`purchase,
`the feedback that I've eited in
`this report. And in my opinion,
`those
`things are indicators of commercial
`success.
`
`And so this is one of the bases, one of
`Q.
`the two bases for your opinion that the MapMyFitness
`suite of products has been a comercial success?
`A,
`Correct.
`
`Do you know how MapMyFitness,
`Q.
`valuation for -- strike that.
`
`the
`
`Do you know how the $150 million valuation
`was calculated?
`
`wowosHDiSFWwWWYFE
`NWNHNRPPPRFBePPPooFOePobeaAeeNSOBOG
`wooaDHWeWwWBweH
`NNMNNMNPYPYPPPPPBeOneWwYPoYeoAkewwPS
`
`800-333-2082
`Huseby, Inc. Regional Centers
`www.huseby.com
`Charlotte ~ Atlanta ~ Washington, DC ~ New York ~ Houston ~ San Francisco
`UA-1012.004
`
`4
`
`

`

`company should be?
`
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`whether a product -- sorry.
`De you have any expertise in valuing
`
`companies?
`
`MR. OLINGER: Cbjection.
`THE WITNESS: Companies, no.
`BY MR. ANSLEY:
`
`Form.
`
`And have you ever evaluated a
`Q.
`company -- I'm assuming then you've never evaluated a
`company based on the commercial success of its
`products;
`is that correct?
`Form.
`MR. GLINGER: Objection.
`THE WITNESS:
`I don't think that's
`
`entirely correct, but I want to be careful.
`BY MR. ANSLEY:
`
`Well, you said you've never had any
`Q.
`experience evaluating companies, so I mean logically
`it must follow that you've never had any experience
`valuating companies based an the commercial success
`of the products; isn't that right?
`Form.
`MR. OLINGER: Objection.
`THE WITNESS: Let me be careful and
`The
`
`clarify what I'm thinking about here.
`phrase "evaluating companies" --
`BY MR. ANSLEY;
`
`0.
`
`Valuating.
`
`Page 15
`the
` Valuating companies has, you know,
`A.
`connotation of determining what the company is worth,
`you know,
`in the market, if you will,
`1 have
`certainly evaluated companies based on their products
`and success of their products in determining whether
`new product offerings stand a chance of surviving in
`the marketplace.
`That piece I have done.
`When you say "evaluating," do you mean
`Q.
`assigning a number to that product?
`MR. OLINGER: Objection.
`Form,
`Objection,
`BY MR. ANSLEY:
`
`Vague.
`
`Q.
`
`And by number, I mean a dollar amount.
`MR. OLINGER: Objection,
`Form.
`THE WITNESS: Most of my experience
`in that area has been on the purchase of
`technology from a company, so determining
`what the dollar value of a product is now,
`what its likely trajectory and cost would
`be, what its likelihood of success would
`be, is something that I've certainly dealt
`with. And sometimes that involves seeing
`how the company has worked with other
`products,
`
`UNDER ARMOUR, INC. vs. ADIDAS AG
`William R. Michalson, Ph.D. on 02/05/2016
`Page 14
`
`BY MR. ANSLEY:
`
`Pages 14.17
`Page 16
`
`I'm confused on what you said. You said,
`Q.
`"Most of my experience in that area has been on the
`
`purchase of technology from a company." Do you mean
`that you've actually purchased technology from a
`company?
`In what sense do you mean?
`A.
`I've been in --
`
`MR. OLINGER: Objection to form.
`THE WITNESS:
`I've been involved with
`
`startups that may need to acquire
`technology and try to get -- te try to hit
`certain cross-targets.
`Sometimes that's
`relatively new technology and there may be
`multiple competiters in that technology
`niche, so I've certainly reviewed competing
`technologies,
`reviewed the companies that
`are offering competing technologies, and
`tried to provide advice based oan those
`evaluations that I've made.
`BY MR. ANSLEY:
`
`So how many startups have you been
`Q.
`involved with in this role?
`
`Form.
`MR. OLINGER: Objection.
`THE WITNESS; Startups of my own,
`I have also been contacted two or
`
`two.
`
`three times by others to, you know,
`evaluate a technology.
`BY MR. ANSTEY:
`
`So you have been involved in
`All right.
`Q.
`two of your own startups and you've been contacted
`two ox three times about evaluating technologies; is
`that correct?
`A.
`Correct.
`
`Q.
`Okay. Let's talk about two of those
`startups.
`Did you ever assign a dollar amount to
`your company on any cf those two startups?
`MR. OLINGER: Objection.
`Form.
`Outside the scope.
`THE WITNESS: On the first of those
`
`startups, we did develop a business plan.
`I participated in the development of that
`business plan, and part of that involved
`determining what we thought the value of
`the company would be at start when we were
`trying to pursue venture funding.
`BY MR. ANSLEY:
`
`80 you say you participated in the
`Q.
`business plan. Did you actually -- did you actually
`develop, work on developing what the value of the
`
`wedHWofWwHM
`PREPPPPPeewowPymhWe|NwFF
`
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`NNNMNNNPPPPPPPeeMWeWwNMPooePmaymHnkweYF
`
`www.huseby.com
`Huseby, Inc. Regional Centers
`800-333-2082
`Charlotte ~ Atlanta ~ Washington, DC ~ New York ~ Housten ~ San Francisco
`UA-1012.005
`
`5
`
`5
`
`

`

`accumulate information about what we thought our
`costs were going to be, what we thought our sales
`numkers were going to be, and, you mow, we worked
`with that small business advisor, you know, to
`develop a marketing plan and a, you know, basically a
`business development plan that would allow us te go
`out and seek funding, and that included coming up
`with an idea of the value of our company in the
`marketplace.
`I don't recall all the specific detaiis of
`what we did.
`I'd have to go back through my notes
`and leck at that business plan again, but I know that
`myself and one other person wrote the majority of
`
`MapMyFitness application is and has been a commercial
`
`UNDER ARMOUR,INC, vs. ADIDAS AG
`William R. Michalson, Ph.D. on 02/05/2016
`Page 18
`
`Pages 18..21
`Page 20
`Can you ask the question again, please.
`A.
`Sure,
`You said
`Q.
`I just want to summarize.
`that you had two startups of your own and that you've
`been contacted two ox three times by -- was it by
`startups?
`It was by somebody that was involved with
`A.
`venture capital that was evaluating proposals that
`were in front of them.
`
`Simple question. Did you ever run
`Okay.
`Q.
`the calculations -- I understand you said you were
`involved. Did you ever actually run the calculations
`of what the value of any of these companies are?
`Form.
`MR, OLINGER: Objection.
`BY MR. ANSLEY:
`
`It's a simple yes or no.
`Q.
`It's a simple yes or no for you, but I'm
`A.
`rolling back 20 years and thinking about the one that
`I was most closely involved with calculations there.
`I'm sure that I worked with those
`
`spreadsheets and adjusted numbers in those
`spreadsheets, which would result in different
`valuations for the company, so when you say did I
`actually run those numbers, I think the answer
`probably is yes, but I'd have to go back, and we're
`talking 20 years ago.
`
`Page 21
`Sure. But you're talking about editing
`Q.
`certain fields on a spreadsheet; is that right?
`A.
`But also understanding how those fields
`impacted other fields and --
`Q,
`I understood that.
`A,
`-- seeing what those calculations were and
`developing some understanding of what that process
`was.
`
`So if the question is have I ever run
`those calculations, I think the answer is probably
`yes.
`
`Ckay. Of the $150 million that
`Q.
`Under Armour paid for MapMyFitness, how much do you
`think of that $150 million was attributable to the
`MapMyFitness products?
`Form.
`MR. OLINGER: Objection,
`THE WITNESS: Sitting here today, I
`don't Imow.
`BY MR. ANSLEY:
`
`Let's assume hypothetically that
`Q.
`MapMyFitness exceeded Under Ammour's expectation in
`terms of performance since the acquisition, okay?
`It's just a hypothetical. Would that be a relevant
`consideration for you in judging whether the
`
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`Form,
`
`MR. OLINGER: Objection,
`Gutside the scope.
`THE WITNESS: Not solely, but I was
`involved in that process.
`BY MR. ANSLEY:
`
`How were you involved?
`Q.
`We're rolling back the clock quite a ways
`A.
`here. Myself and another of the principals of that
`company had several meetings with -- there was a
`sttall business development. council in Worcester,
`Massachusetts that we also worked with, and we would
`accumulate information about the market. We would
`
`that plan.
`Q.
`
`Why did you use a small business advisor?
`Form,
`MR. OLINGER: Objection.
`THE WITNESS: Because it was a new
`
`Page 19
`
`
`
`group that had formed at Clark University.
`They were a free sexvice.
`‘They were
`another set of eyes to Look at what we were
`thinking. They were able to identify
`certain things that we missed.
`They also had an army of graduate
`students that were able to assist us in
`
`doing some of our research as we were
`So it was a
`putting together that plan.
`helpful resource and it was locally
`And I
`available and it was low cost.
`
`forget who referred us to them, but it was
`basically on a reference.
`BY MR. ANSLEY:
`
`So I understand that you were
`Q.
`involved -- you say that you've been involved in
`valuing your own company, your own two startups, and
`you've been contacted two or three times about
`startups?
`A,
`Q.
`
`Well, I had a colleague who was --
`Yes, just keep it short. That's fine.
`
`800-333-2082
`Huseby, Inc. Regional Centers
`www.huseby.com
`Charlotte ~ Atlanta ~ Washington, DC ~ New York ~ Houston ~ San Francisco
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`6
`
`

`

`MR. OLINGER: Objection.
`Outside the scope.
`THE WITNESS: Well, again,
`hypothetically there are a lot of factors
`that may be involved, so you'd have to
`study the situation.
`I've not been asked
`to do that analysis so I haven't done that
`analysis.
`BY MR. ANSLEY:
`
`BE wo
`
`UNDER ARMOUR, INC. vs. ADIDAS AG
`William R. Michalson, Ph.D. on 02/05/2016
`Page 22
`
`Pages 22..25
`Page 24
`ERRATA SHEET
`Pursuant to Rule 30(e) of the Federal Rules of
`Civil Procedure and/or the Official Code of Georgia
`Annotated 3-11-30(e} any changes in form or substance
`which you Gesire to make to your deposition testimony
`shall be entered upon the deposition with a statement
`of the reasons given for making them,
`
`To assist you in making any such corrections,
`please use the form below. If supplemental or
`additional pages are necessary, please furnish same
`and attach them to this errata sheet.
`
`the undersigned, WILLIAM R. MICHALSON, Ph.D.,
`I,
`do hereby certify that I have read the foregoing
`deposition and that to the best of my knowledge said
`deposition is true and accurate (with the exception
`of the following corrections listed below).
`
`Line
`Page.
`Reason for change:
`
`should read:
`
`Pages Line.
`Reason for change:
`
`should read;
`
`Pages Line.
`Reason for change:
`
`should read:
`
`Line
`Page
`Reason for change:
`
`should read:
`
`Line
`Page
`Reason for change:
`
`should read:
`
`Line
`Page
`Reason for change;
`
`should read;
`
`should read:
`Line
`Page
`Reason for change:See
`
`Line
`Page
`Reason for change:
`
`should read:
`
`Line
`Page
`Reason for change:
`
`should read:
`
`Line
`Bage
`Reasen for change:
`
`should read:
`
`Signature
`
`Sworn to and Subseribed hefore me
`
`day of
`This
`My Commission Expires:
`
`, Notary Public.
`'
`
`success if it outperformed its expectations?
`Form,
`MR. OLINGER: Objection,
`Outside the scope.
`THE WITNESS: Well, hypothetically it
`way be a consideration, but I'd have to
`study that to determine how much it
`mattered, if it mattered.
`BY MR. ANSLEY:
`
`And then the opposite, is it your opinion
`Q.
`that if MapMyFitness was underperforming, it might be
`a consideration, but you'd have to again study that
`data?
`
`Form,
`
`So you were just asked to look at the
`Q.
`$150 million purchase price and the number of users,
`and based on those two data points, you concluded
`that the MapMyFitness suite of products is a
`
`commercial success; is that right?
`Form.
`MR. OLINGER: Objection.
`THE WITNESS: That's one of the
`
`things that I did when we're talking about
`paragraphs 75 and 76 right now.
`I mean,
`there's other material in my report.
`BY MR. ANSLEY:
`
`But you didn't ask to see any other data
`Q.
`in evaluating whether MapMyFitness is a commercial
`success?
`
`MR. OLINGER: Chijection.
`Qutside the scope.
`THE WITNESS: Relative to those
`
`Form.
`
`paragraphs that we're discussing, no.
`MR. ANSLEY: No more questions.
`MR, OLINGER: Let's take a brief
`
`five-minute break, please.
`(A recess was taken.)
`MR. OLINGER: No questions fer this
`witness.
`We consider the deposition
`closed.
`
`(Deposition concluded at 10:25 a.m.)
`
`wowsmWFFwwNM
`BRRPPPBPPeoanankhWYfePo
`
`BobbobweMeHYoo
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`wooaHwtheewwhtHP
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`
`b
`
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`
`BeODGeoF
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`
`www.huseby.com
`Huseby, Inc. Regional Centers
`800-333-2082
`Charlotte ~ Atlanta ~ Washington, DC ~ New York ~ Houston ~ San Francisco ©
`UA-1012.007
`
`7
`
`

`

`UNDER ARMOUR, INC. vs. ADIDAS AG
`William R. Michalson, Ph.D. on 02/05/2016
`
`CERTIFICATE
`
`GEORGIA:
`FULTON COUNTY:
`
`I hereby certify that the
`foregoing deposition was reported, as
`stated in the caption, and the questions
`and answers thereto were reduced to the
`
`written page under my direction; that the
`foregoing pages 1 through 23 represent a
`true and correct transcript of the evidence
`
`I further certify that I am not in
`given.
`any way financially interested in the
`result of said case,
`
`Page 27
`
`I was contacted by the offices
`Inc,
`to provide court reporting
`of Huseby,
`services for this deposition.
`I will not
`be taking this deposition under any
`contract that is prohibited by 0.C.G.A.
`15-14-37 (a) ox {b).
`I have no written contract to
`
`provide reporting services with any party
`to the case, any counsel in the case, or.
`any reporter or reporting agency from whom
`a referral might have been made to cover
`this deposition.
`I will charge my usual
`and customary rates to all parties in the
`case.
`
`This,
`
`the 10th day of February, 2016.
`
`SUZANNE BEASLEY, B-1184
`My commission expires on the
`24th day of August, 2018.
`
`ae
`
`oOowfF1HhWhwNMOH
`
`eanikwNe
`
`Pursuant to Rules and Regulations
`of the Board of Court Reporting of the
`Judicial Council of Georgia, I make the
`following disclosure:
`I am a Georgia Certified Court
`I am here as an independent
`Reporter.
`contractor for Huseby,
`Inc.
`
`Pages 26..27
`
`800-333-2082
`Huseby, Inc. Regional Centers
`www.huseby.com
`Charlotte ~ Atlanta ~ Washington, DC ~ New York ~ Houston ~ San Francisco
`UA-1012.008
`
`8
`
`