Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA708833
`ESTTA Tracking number:
`11/16/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91184047
`Plaintiff
`Farmaco-Logica B.V.
`PAUL KUKS
`FARMACO-LOGICA BV
`WOLKENDEK 17
`3454 TG DE MEERN,
`NETHERLANDS
`paul.kuks@farmlog.net
`Testimony For Plaintiff
`Paul Kuks
`Paul.Kuks@farmlog.net
`/paul kuks/
`11/16/2015
`AO15K13AA.oppositionTo77029672-noticeFilingTestimonyDepositionPaulKuks.
`pdf(143604 bytes )
`Testimonial deposition of Paul Kuks on November 11,
`2015-part1of3.pdf(4929814 bytes )
`Testimonial deposition of Paul Kuks on November 11,
`2015-part2of3.pdf(5437081 bytes )
`Testimonial deposition of Paul Kuks on November 11,
`2015-part3of3.pdf(5241248 bytes )
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Farmaco-Logica B.V.
`
`versus
`
`Opposer,
`
`TriZetto Corporation f/k/a The TriZetto
`Group, Inc.
`
`Applicant.
`
`Opposition no. 91184047
`
`Serial no. 77029672
`
`NOTICE OF FILING OF TESTIMONIAL DEPOSITION RECORD
`
`Pursuant to 37 CFR §2.124, opposer Farmaco-Logica B.V. hereby gives notice
`
`that the Record of Testimonial Deposition of Paul Kuks taken down on November 11,
`
`2015, was filed with the Trademark Trial and Appeal Board on November 25, 2015.
`
`Opposer requests that the instant proceeding, suspended on October 22, 2015, be
`
`resumed.
`
`Dated: November 16, 2015
`
`Respectfully submitted,
`
`Paul Kuks
`Farmaco-Logica B.V.
`Wolkendek 17
`3454 TG DE MEERN
`The Netherlands
`
`Paul.Kuks@farmlog.net
`
`managing director of plaintiff
`
`Notice of filing of testimonial desposition record, opposition number 91184047
`AO15K13AA
`
`page 1 of 1
`
`

`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the foregoing:
` Notice of filing of testimonial deposition record
` Record of testimonial deposition of Paul Kuks taken down on November 11, 2015
`is being deposited via electronic mail on this 16th day of November, 2015 to:
`
`tmdnvr@faegrebd.com
`marc.levy@faegrebd.com
`katie.feiereisel@faegrebd.com
`brian.brown@faegrebd.com
`
`and by registered first class mail by carrier PostNL on this 16th day of November, 2015,
`in an envelope addressed to:
`
`Mr. Marc C. Levy, Esq.
`FAEGRE BAKER DANIELS LLP
`1700 Lincoln Street, Suite 3200
`Denver, CO 80203-4532
`United States of America
`
`Paul Kuks
`
`Notice of filing of testimonial desposition record, opposition number 91184047
`AO15K13AA
`
`page 1 of 1
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 1 of 407
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Application Serial No. 77029672
`By The TriZetto Group, Inc. for the mark: FACETS
`Filed: October 26, 2006
`Published for opposition on May 29, 2007
`
`Farmaco-Logica B.V.
`
`versus
`
`Opposer,
`
`Opposition no. 91184047
`
`Serial no. 77029672
`
`TriZetto Corporation f/k/a The TriZetto Group,
`Inc.
`
`Applicant.
`
`RECORD OF TESTIMONIAL DEPOSITION OF PAUL KUKS
`
`Index
`
`Introduction...........................................................................................................................................5
`
`Examination of Paul Kuks.....................................................................................................................5
`
`Exhibit 1: order confirmation domain name “phacet.us”....................................................................31
`
`Exhibit 2: “who is” information domain “phacet.us”..........................................................................33
`
`Exhibit 3: redirection mechanism “phacet.us” to “phacet.com”.........................................................36
`
`Exhibit 4: from website “phacet.com”: consultancy activities............................................................39
`
`Exhibit 5: product information “Phacet Info”.....................................................................................41
`
`Exhibit 6: Phacet company profile on US digital market place..........................................................44
`
`Exhibit 7: offer for marketing support of “Phacet” in USA................................................................46
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 2 of 407
`
`Exhibit 8: floor plan of ASHP trade show in 2011..............................................................................48
`
`Exhibit 9: deatil of floor plan of ASHP trade show in 2011................................................................50
`
`Exhibit 10: “Yellow pages” of ASHP trade show in 2011..................................................................52
`
`Exhibit 11: photograph of exhibit booth floor during ASHP trade show in 2011...............................55
`
`Exhibit 12: “Yellow pages” of ASHP trade show in 2012..................................................................57
`
`Exhibit 13: photograph of exhibit booth floor during ASHP trade show in 2012...............................60
`
`Exhibit 14: “Yellow pages” of ASHP trade show in 2012..................................................................62
`
`Exhibit 15: photograph of exhibit booth floor during ASHP trade show in 2012...............................65
`
`Exhibit 16: “Yellow pages” of ASHP trade show in 2013..................................................................67
`
`Exhibit 17: photograph of exhibit booth floor during ASHP trade show in 2013...............................70
`
`Exhibit 18: “Yellow pages” of ASHP trade show in 2014..................................................................72
`
`Exhibit 19: photograph of exhibit booth floor during ASHP trade show in 2014...............................75
`
`Exhibit 20: manual “Phacet Oncology Desktop”................................................................................77
`
`Exhibit 21: Phacet e-mail marketing example..................................................................................103
`
`Exhibit 22: TriZetto website page “Care Management”...................................................................107
`
`Exhibit 23: TriZetto website page “Corporate Profile”.....................................................................110
`
`Exhibit 24: TriZetto website page “Facets Lines of Business”.........................................................113
`
`Exhibit 25: TriZetto website page “Physicians Claims Processing”.................................................116
`
`Exhibit 26: TriZetto website page “Physicians Claims Status Inquiry”............................................119
`
`Exhibit 27: TriZetto website page “Physician Overview”................................................................121
`
`Exhibit 28: TriZetto website page “Physician Patient Eligibility”....................................................124
`
`Exhibit 29: TriZetto website page “Physician Patient Financial Responsibility”.............................127
`
`Exhibit 30: TriZetto website page “Physician Patient Statements”..................................................130
`
`Exhibit 31: TriZetto website page “Physician Reimbursement Management”.................................133
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 3 of 407
`
`Exhibit 32: TriZetto report to SEC May 5, 2006...............................................................................136
`
`Exhibit 33: TriZetto report to SEC August 7, 2006...........................................................................145
`
`Exhibit 34: TriZetto report to SEC November 6, 2006.....................................................................154
`
`Exhibit 35: TriZetto report to SEC March 16, 2007..........................................................................163
`
`Exhibit 36: TriZetto report to SEC May 8, 2007...............................................................................179
`
`Exhibit 37: TriZetto report to SEC August 8, 2007...........................................................................186
`
`Exhibit 38: TriZetto report to SEC November 2, 2007.....................................................................194
`
`Exhibit 39: TriZetto report to SEC February 15, 2008......................................................................203
`
`Exhibit 40: TriZetto report to SEC August 8, 2008...........................................................................220
`
`Exhibit 41: TriZetto press release Sanovia........................................................................................228
`
`Exhibit 42: TriZetto manual” Facets claims processing....................................................................231
`
`Exhibit 43: TriZetto marketing brochure...........................................................................................246
`
`Exhibit 44: TriZetto marketing brochure...........................................................................................250
`
`Exhibit 45: TriZetto marketing brochure...........................................................................................258
`
`Exhibit 46: TriZetto marketing brochure...........................................................................................262
`
`Exhibit 47: TriZetto product presentation.........................................................................................268
`
`Exhibit 48: letter of Farmaco-Logica to TriZetto..............................................................................271
`
`Exhibit 49: TriZetto's response to earlier letter.................................................................................273
`
`Exhibit 50: Farmaco-Logica's reply to earlier response....................................................................275
`
`Exhibit 51: TriZetto website page: “Company Corporate History”..................................................278
`
`Exhibit 52: TriZetto website page: “Corporate Profile”....................................................................288
`
`Exhibit 53: TriZetto website page: “Core Administration”...............................................................291
`
`Exhibit 54: TriZetto website page: “Facets FXI”..............................................................................295
`
`Exhibit 55: TriZetto website page: “Medicaid”................................................................................299
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 4 of 407
`
`Exhibit 56: TriZetto website page: “Plan Data Management”..........................................................303
`
`Exhibit 57: TriZetto website page: “Member Enrollment”...............................................................307
`
`Exhibit 58: TriZetto website page: “Member Service”.....................................................................311
`
`Exhibit 59: TriZetto website page: “Provider Service”.....................................................................315
`
`Exhibit 60: TriZetto website page: “Company History”...................................................................319
`
`Exhibit 61: TriZetto website page: “Glossary”.................................................................................332
`
`Exhibit 62: TriZetto website page: “HIPAA FAQs”..........................................................................341
`
`Exhibit 63: TriZetto website page: “Industry Info”...........................................................................347
`
`Exhibit 64: TriZetto website page: “McKesson Settlement”............................................................350
`
`Exhibit 65: TriZetto website page: “BlueCross BlueShield”............................................................354
`
`Exhibit 66: TriZetto website page: “Western & Southern”...............................................................359
`
`Exhibit 67: TriZetto website page: “White Paper”............................................................................363
`
`Exhibit 68: TriZetto website page: “Sanovia”...................................................................................366
`
`Exhibit 69: TriZetto website page: “Personal Health Records”........................................................370
`
`Exhibit 70: TriZetto website page: “Sales Automation”...................................................................374
`
`Exhibit 71: TriZetto website page: “Lovelace”.................................................................................379
`
`Exhibit 72: TriZetto website page: “Value-based Benefits”..............................................................383
`
`Exhibit 73: TriZetto website page: “Chinese Community Health”...................................................387
`
`Exhibit 74: TriZetto website page: “ACTEK”..................................................................................391
`
`Exhibit 75: TriZetto website page: “Payer Conference Exhibitors”.................................................398
`
`Exhibit 76: TriZetto website page: “Integrated Healthcare Management Exchange”......................404
`
`Exhibit 77: TriZetto website page: “individual and Small Group”...................................................406
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 5 of 407
`
`Introduction
`
`On October 16, 2015, Opposer Farmaco-Logica B.V. (hereinafter: “Opposer”) gave notice of this
`
`testimonial deposition on written questions. On the same day, Opposer's questions propounded during
`
`this testimony deposition were submitted to counsel of Applicant TriZetto Corporation (hereinafter:
`
`“Applicant”). On October 30, 2015, Applicant raised objections to most of the questions but did not
`
`serve cross-questions. Applicant's objections have been included in this record.
`
`Examination of Paul Kuks
`
`Pursuant to 37 Code of Federal Regulations §2.124, Mr. Paul Kuks (hereinafter: “Witness”),
`
`managing director of Farmaco-Logica B.V., located at Wolkendek 17, 3454 TG DE MEERN, The
`
`Netherlands, appeared before me, J. Hagen, civil-law notary at Pastoor Ohllaan 25, 3451 CB
`
`VLEUTEN, The Netherlands, to testify in the matter captioned above, on Wednesday November 11,
`
`2015 at 11:00 hours local time.
`
`The questions were put forward to the Witness after being duly sworn by me: "Do you solemnly
`
`swear that you will tell the truth, the whole truth and nothing but the truth, in answer to the several
`
`questions now to be put to you?". The answers were taken down by me immediately after each
`
`question. The transcript was then read and signed by the Witness in my presence. The Witness deposes
`
`and says:
`
`QUESTION 1
`Please, state your name, job title, employer's name, and employer's address.
`
`ANSWER
`Paul Kuks, managing director of Farmaco-Logica B.V., Wolkendek 17, 3454 TG DE MEERN,
`
`The Netherlands.
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 6 of 407
`
`QUESTION 2
`Can you identify the document attached as Exhibit 1?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a confirmation of the order I personally gave for the registration of the internet domain
`
`name “phacet.us” to my company, Farmaco-Logica B.V.
`
`QUESTION 3
`Why did your company register this domain name?
`
`OBJECTION RAISED BY APPLICANT:
`Lack of relevance.
`
`ANSWER
`To target customers in the United States of America with our Phacet products and services.
`
`QUESTION 4
`Can you identify the document attached as Exhibit 2?
`
`OBJECTION RAISED BY APPLICANT:
`Lack of relevance.
`
`ANSWER
`Yes, it shows the registration details in connection with the domain name “phacet.us” after I
`
`queried the web service at http://drwhois.com on November 18, 2011.
`
`QUESTION 5
`Is the domain name still owned by your company?
`
`OBJECTION RAISED BY APPLICANT:
`Lack of relevance.
`
`ANSWER
`Yes.
`
`QUESTION 6
`What happens if anyone enters the uniform resource locator “www.phacet.us” in the address field
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 7 of 407
`
`of a web browser and subsequently presses the Enter key?
`
`OBJECTION RAISED BY APPLICANT:
`Lack of relevance.
`
`ANSWER
`Such a person will be redirected to my company's website at “www.phacet.com”.
`
`QUESTION 7
`Since when is this redirection mechanism in place?
`
`OBJECTION RAISED BY APPLICANT:
`Lack of relevance.
`
`ANSWER
`I don't recall exactly since when users are being redirected this way, but it works like this at least
`
`since January 1, 2011.
`
`QUESTION 8
`Can you identify the document attached as Exhibit 3?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a screenprint of a demonstration of the very same redirection mechanism for
`
`“www.phacet.us” when I used the web-based redirection checker available at
`
`http://www.internetofficer.com/seo-tool/redirect-check/ on November 11, 2011.
`
`QUESTION 9
`Can you identify the document attached as Exhibit 4?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a screen print I made on November 12, 2011 from the website page found at and
`
`downloaded by me from http://www.phacet.com/en/products+and+services/consultancy/
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 8 of 407
`
`QUESTION 10
`Is the text of this website page at this moment identical to the text shown on this screen print?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes.
`
`QUESTION 11
`Can you identify the document attached as Exhibit 5?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a screen print I made on November 12, 2011 of the website page found at and
`
`downloaded by me from http://www.phacet.com/en/products+and+services/phacet+info/. It describes
`
`our product “Phacet Info”.
`
`QUESTION 12
`Can you identify the document attached as Exhibit 6?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a screen print I made on November 22, 2011 of the website page found at and
`
`downloaded by me from http://healthsystempharmacistsmarketplace.com/ after I entered the search
`
`term “phacet”. It briefly describes the products my company has been and is marketing from
`
`December 2011 till now in the United States of America.
`
`QUESTION 13
`Please describe in more detail the product that is called “Phacet Oncology Desktop” on this
`
`website.
`
`OBJECTION RAISED BY APPLICANT:
`Lack of relevance; calls for narrative response.
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 9 of 407
`
`ANSWER
`This is a system for prescribing drug treatment courses for patients suffering from cancer. After
`
`prescription, the system supports the preparation and dispensing of those drugs. Finally, the system
`
`calculates the costs of these drugs in order to allow these costs to be claimed with a health insurance
`
`company.
`
`QUESTION 14
`What type of customers would typically use this system?
`
`OBJECTION RAISED BY APPLICANT:
`Lack of relevance; lack of foundation; calls for speculation.
`
`ANSWER
`Doctors, nurses, pharmacists, pharmacy technicians and business administrators.
`
`QUESTION 15
`Can you identify the document attached as Exhibit 7?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, is an email message I received on June 15, 2012 from Ms. Hillary Bullard who at that time
`
`was working for a marketing company called RXinsider.
`
`QUESTION 16
`Why, to the best of your knowledge, did you receive this message?
`
`OBJECTION RAISED BY APPLICANT:
`Lack of relevance; lack of foundation; calls for speculation.
`
`ANSWER
`I explained my company's product portfolio to her at a trade show in Baltimore (MD) held on
`
`June 9-13, 2012. She announced that she would contact me by email about the possibility of providing
`
`marketing support to my company.
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 10 of 407
`
`QUESTION 17
`Can you identify the document attached as Exhibit 8?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a screen print I made on November 18, 2011 of the website page found at and
`
`downloaded by me from http://www.a2zinc.net/ after I looked up the floor plan of the trade show
`
`“ASHP Midyear Clinical Meeting & Exhibition” of the American Society of Health-system
`
`Pharmacists held in New Orleans on December 4-8, 2011. It shows a detail of this floor plan indicating
`
`the location of my company's exhibit.
`
`QUESTION 18
`Can you identify the document attached as Exhibit 9?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a screen print I made on November 18, 2011 of the website page found at and
`
`downloaded by me from http://www.a2zinc.net/ after I looked up the floor plan of the trade show
`
`“ASHP Midyear Clinical Meeting & Exhibition” of the American Society of Health-system
`
`Pharmacists held in New Orleans on December 4-8, 2011. It shows a description of my company's
`
`software products during that trade show.
`
`QUESTION 19
`Can you identify the document attached as Exhibit 10?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a copy I made of the “Yellow Pages” guide distributed during the trade show “ASHP
`
`Midyear Clinical Meeting & Exhibition” of the American Society of Health-system Pharmacists held in
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 11 of 407
`
`New Orleans on December 4-8, 2011. It shows the front page of the guide and a page that shows a
`
`description of my company's software products during that trade show.
`
`QUESTION 20
`Can you identify the document attached as Exhibit 11?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a photograph I took on December 7, 2011 of my company's exhibit booth during the
`
`trade show “ASHP Midyear Clinical Meeting & Exhibition” of the American Society of Health-system
`
`Pharmacists held in New Orleans on December 4-8, 2011.
`
`QUESTION 21
`Can you identify the document attached as Exhibit 12?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a copy I made of the “Yellow Pages” guide distributed during the trade show “ASHP
`
`Summer Meeting & Exhibition” of the American Society of Health-system Pharmacists held in
`
`Baltimore on June 9-13, 2012. It shows the front page of the guide and a page that shows a description
`
`of my company's software products during that trade show.
`
`QUESTION 22
`Can you identify the document attached as Exhibit 13?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a photograph I took on June 12, 2012 of my company's exhibit booth during the trade
`
`show “ASHP Summer Meeting & Exhibition” of the American Society of Health-system Pharmacists
`
`held in Baltimore on June 9-13, 2012.
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 12 of 407
`
`QUESTION 23
`Can you identify the document attached as Exhibit 14?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a copy I made of the “Yellow Pages” guide distributed during the trade show “ASHP
`
`Midyear Clinical Meeting & Exhibition” of the American Society of Health-system Pharmacists held in
`
`Las Vegas on December 2-6, 2012. It shows the front page of the guide and a page that shows a
`
`description of my company's software products during that trade show.
`
`QUESTION 24
`Can you identify the document attached as Exhibit 15?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a photograph I took on December 3, 2012 of my company's exhibit booth during the
`
`trade show “ASHP Midyear Clinical Meeting & Exhibition” of the American Society of Health-system
`
`Pharmacists held in Las Vegas on December 2-6, 2012.
`
`QUESTION 25
`Can you identify the document attached as Exhibit 16?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a copy I made of the “Yellow Pages” guide distributed during the trade show “ASHP
`
`Summer Meeting & Exhibition” of the American Society of Health-system Pharmacists held in
`
`Minneapolis on June 1-5, 2013. It shows the front page of the guide and a page that shows a description
`
`of my company's software products during that trade show.
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 13 of 407
`
`QUESTION 26
`Can you identify the document attached as Exhibit 17?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a photograph I took on June 4, 2013 of my company's exhibit booth during the trade
`
`show “ASHP Summer Meeting & Exhibition” of the American Society of Health-system Pharmacists
`
`held in Minneapolis on June 1-5, 2013.
`
`QUESTION 27
`Can you identify the document attached as Exhibit 18?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a copy I made of the “Yellow Pages” guide distributed during the trade show “ASHP
`
`Summer Meeting & Exhibition” of the American Society of Health-system Pharmacists held in
`
`Las Vegas on May 31-June 4, 2014. It shows the front page of the guide and a page that shows a
`
`description of my company's software products during that trade show.
`
`QUESTION 28
`Can you identify the document attached as Exhibit 19?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is a photograph I took on June 2, 2014 of my company's exhibit booth during the trade
`
`show “ASHP Summer Meeting & Exhibition” of the American Society of Health-system Pharmacists
`
`held in Las Vegas on May 31-June 4, 2014.
`
`QUESTION 29
`Can you identify the document attached as Exhibit 20?
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 14 of 407
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it consists of the first 25 pages (of 730 pages in total, version of the year 2011) of the
`
`administrator manual of my company's product “Phacet Oncology Desktop”.
`
`QUESTION 30
`How did you use this manual.
`
`OBJECTION RAISED BY APPLICANT:
`Lack of relevance.
`
`ANSWER
`I showed it to potential US customers during the trade shows I referenced earlier, explaining to
`
`them that an English translation will become available.
`
`QUESTION 31
`Can you identify the document attached as Exhibit 21?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question and exhibit for lack of relevance.
`
`ANSWER
`Yes, it is an e-mail message I sent on August 28, 2013 to 133 potential customers in the United
`
`States of America in order to promote my company's product “Phacet.info”.
`
`QUESTION 32
`Can you identify the document attached as Exhibit 22?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question for lack of foundation; object to exhibit for lack of authentication and hearsay.
`
`ANSWER
`Yes, it is a screen print I made on January 30, 2015 of the website page found at and downloaded
`
`by me from http://www.trizetto.com/PayerSolutions/CareManagement/. Like TriZetto Corporation, my
`
`company Farmaco-Logica B.V. delivers software solutions for health care management, so we are
`
`competitors in this field.
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 15 of 407
`
`QUESTION 33
`Can you identify the document attached as Exhibit 23?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question for lack of foundation; object to exhibit for lack of authentication and hearsay.
`
`ANSWER
`Yes, it is a screen print I made on January 30, 2015 of the website page found at and downloaded
`
`by me from http://www.trizetto.com/AboutUs/CorporateProfile/.
`
`QUESTION 34
`Can you identify the document attached as Exhibit 24?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question for lack of foundation; object to exhibit for lack of authentication and hearsay.
`
`ANSWER
`Yes, it is a screen print I made on January 30, 2015 of the website page found at and downloaded
`
`by me from http://www.trizetto.com/PayerSolutions/CoreAdministration/Facets/LinesofBusiness/.
`
`QUESTION 35
`Can you identify the document attached as Exhibit 25?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question for lack of foundation; object to exhibit for lack of authentication and hearsay.
`
`ANSWER
`Yes, it is a screen print I made on January 30, 2015 of the website page found at and downloaded
`
`by me from http://www.trizetto.com/Provider-Solutions/Physicians/claims-processing.
`
`QUESTION 36
`Can you identify the document attached as Exhibit 26?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question for lack of foundation; object to exhibit for lack of authentication and hearsay.
`
`ANSWER
`Yes, it is a screen print I made on January 30, 2015 of the website page found at and downloaded
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 16 of 407
`
`by me from http://www.trizetto.com/Provider-Solutions/Physicians/claims-status-inquiry/.
`
`QUESTION 37
`Can you identify the document attached as Exhibit 27?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question for lack of foundation; object to exhibit for lack of authentication and hearsay.
`
`ANSWER
`Yes, it is a screen print I made on January 30, 2015 of the website page found at and downloaded
`
`by me from http://www.trizetto.com/Provider-Solutions/Physicians/.
`
`QUESTION 38
`Can you identify the document attached as Exhibit 28?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question for lack of foundation; object to exhibit for lack of authentication and hearsay.
`
`ANSWER
`Yes, it is a screen print I made on January 30, 2015 of the website page found at and downloaded
`
`by me from http://www.trizetto.com/Provider-Solutions/Physicians/patient-eligibility/.
`
`QUESTION 39
`Can you identify the document attached as Exhibit 29?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question for lack of foundation; object to exhibit for lack of authentication and hearsay.
`
`ANSWER
`Yes, it is a screen print I made on January 30, 2015 of the website page found at and downloaded
`
`by me from http://www.trizetto.com/Provider-Solutions/Physicians/patient-financial-responsibility/.
`
`QUESTION 40
`Can you identify the document attached as Exhibit 30?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question for lack of foundation; object to exhibit for lack of authentication and hearsay.
`
`ANSWER
`Yes, it is a screen print I made on January 30, 2015 of the website page found at and downloaded
`
`

`
`Record of testimonial deposition of Paul Kuks on November 11, 2015,
`USPTO opposition number 91184047
`
`page 17 of 407
`
`by me from http://www.trizetto.com/Provider-Solutions/Physicians/patient-statements/.
`
`QUESTION 41
`Can you identify the document attached as Exhibit 31?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question for lack of foundation; object to exhibit for lack of authentication and hearsay.
`
`ANSWER
`Yes, it is a screen print I made on January 30, 2015 of the website page found at and downloaded
`
`by me from http://www.trizetto.com/Provider-Solutions/Physicians/reimbursement-management/.
`
`QUESTION 42
`Can you identify the document attached as Exhibit 32?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question for lack of foundation; object to exhibit for lack of authentication and hearsay.
`
`ANSWER
`Yes, it contains a number of pages from a quarterly report of The TriZetto Group signed by its
`
`CEO on May 8, 2006. I found this report at and downloaded it on November 15, 2010 from the website
`
`at https://www.sec.gov/edgar/searchedgar/companysearch.html after having entered “trizetto” as the
`
`search term.
`
`QUESTION 43
`Can you identify the document attached as Exhibit 33?
`
`OBJECTION RAISED BY APPLICANT:
`Object to question for lack of foundation; object to exhibit for lack of authe