USA vs. Bazaar Voice: Witness List
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  • 1. Case3:13-cv-00133-WHO Document112-2 Filed08/26/13 Page1 of 9
  • 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BAZAARVOICE’S LIVE TRIAL WITNESS LIST CASE NO. 13-CV-0133 WHO -1- BORIS FELDMAN, State Bar No. 128838 DYLAN LIDDIARD, State Bar No. 203055 DOMINIQUE-CHANTALE ALEPIN, State Bar No. 241648 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 Email: boris.feldman@wsgr.com; dliddiard@wsgr.com; dalepin@wsgr.com Attorneys for Defendant Bazaarvoice, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION United States of America, Plaintiff, v. Bazaarvoice, Inc., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: CV13-cv-0133-WHO BAZAARVOICE’S LIVE TRIAL WITNESS LIST Judge: William H. Orrick Complaint Filed: January 10, 2013 Trial Date: September 23, 2013 Pursuant to the Stipulation and Order Regarding the Exchange of Preliminary and Final Witness Lists (ECF 68, 69), the Court’s Amended July 11, 2013 Order (ECF 89), and the Court’s instructions on July 11, 2013, Bazaarvoice hereby submits its list of fact and expert witnesses that it may call live at trial, excluding witnesses who may be called solely for the purposes of authentication and the expected topics of examination. Bazaarvoice may not call all witnesses noted below live at trial. Case3:13-cv-00133-WHO Document112-2 Filed08/26/13 Page2 of 9
  • 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BAZAARVOICE’S LIVE TRIAL WITNESS LIST CASE NO. 13-CV-0133 WHO -2- BAZAARVOICE’S LIVE TRIAL WITNESS LIST Witness Expected Testimony AutoZone, Inc. Bazaarvoice expects to elicit testimony from an Autozone representative regarding its social commerce tool selection process; its decision to select Pluck as a social commerce tool provider; its relationship with Pluck; moderation of Autozone’s user generated content; the competitive options available to AutoZone for social commerce; social commerce and the tools available to AutoZone within social commerce; AutoZone’s use of social commerce tools; AutoZone’s views of the acquisition; and any other topics covered during its deposition. B&H Foto & Electronics Corp. Bazaarvoice expects to elicit testimony from a B&H Foto representative regarding its views of the acquisition as a legacy PowerReviews customer; the commoditization of ratings and reviews; its relationship with PowerReviews and Bazaarvoice; the pro- competitive benefits of the acquisition; changes in social commerce technology; B&H Foto’s use of social commerce tools; the competitive options available for B&H Foto for social commerce; social commerce and the tools available for B&H Foto within social commerce; and any other topics covered during its deposition. Stephen Collins (Bazaarvoice, Inc.) Bazaarvoice expects to elicit testimony from Mr. Collins regarding Bazaarvoice’s rationale for the acquisition; the pro-competitive benefits of the acquisition; competition in the social commerce space; the absence of market power on the part of Bazaarvoice; Bazaarvoice’s past, current and future business strategy and plans; Bazaarvoice’s business documents and public statements; entry and expansion among competitors in the social commerce space; the absence of barriers to entry in the social commerce space; Bazaarvoice’s business conditions since the merger; Bazaarvoice’s product and service offerings; Bazaarvoice’s past, current and future customers and potential customers; increased competition faced by Bazaarvoice since the acquisition; and any other topics covered in Mr. Collins’ deposition. Matt Curtin (Bazaarvoice, Inc.) Bazaarvoice expects to elicit testimony from Mr. Curtin regarding competition in the social commerce space; the absence of market power on the part of Bazaarvoice; Bazaarvoice’s business documents; entry and expansion among competitors in the social commerce space; the absence of barriers to entry in the Case3:13-cv-00133-WHO Document112-2 Filed08/26/13 Page3 of 9
  • 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BAZAARVOICE’S LIVE TRIAL WITNESS LIST CASE NO. 13-CV-0133 WHO -3- social commerce space; Bazaarvoice’s past, current and future brand customers and potential brand customers; Bazaarvoice’s product and service offerings; moderation and syndication; Bazaarvoice’s past, current and future business strategy and plans; the inaccuracy and limited utility of the Internet Retailer 500; increased competition faced by Bazaarvoice since the acquisition; and the topics addressed; and any other topics covered in Mr. Curtin’s deposition Alan Godfrey (Bazaarvoice, Inc.) Bazaarvoice expects to elicit testimony from Mr. Godfrey regarding the pro-competitive benefits of the acquisition; competition in the social commerce space; the absence of market power on the part of Bazaarvoice; moderation and syndication; Bazaarvoice’s business documents; entry and expansion among competitors in the social commerce space; the absence of barriers to entry in the social commerce space; Bazaarvoice’s past, current and future retail customers and potential retail customers; Bazaarvoice’s product and service offerings; Bazaarvoice’s past, current and future business strategy and plans; the inaccuracy and limited utility of the Internet Retailer 500; increased competition faced by Bazaarvoice since the acquisition; and any other topics covered in Mr. Godfrey’s deposition. Tom Meredith (Bazaarvoice, Inc.) Bazaarvoice expects to elicit testimony from Mr. Meredith regarding Bazaarvoice’s rationale for the acquisition; the pro-competitive benefits of the acquisition; competition in the social commerce space; the absence of market power on the part of Bazaarvoice; Bazaarvoice’s past, current and future business strategy and plans; Bazaarvoice’s business documents; entry and expansion among competitors in the social commerce space; the absence of barriers to entry in the social commerce space; Bazaarvoice’s product and service offerings; Bazaarvoice’s business conditions since the merger; Bazaarvoice’s past, current and future customers and potential customers; increased competition faced by Bazaarvoice since the acquisition; and any other topics that will be covered during Mr. Meredith’s deposition. Case3:13-cv-00133-WHO Document112-2 Filed08/26/13 Page4 of 9
  • 5. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BAZAARVOICE’S LIVE TRIAL WITNESS LIST CASE NO. 13-CV-0133 WHO -4- Chris Pacitti (Bazaarvoice, Inc.) Bazaarvoice expects to elicit testimony from Mr. Collins regarding Bazaarvoice’s rationale for the acquisition; the pro-competitive benefits of the acquisition; competition in the social commerce space; the absence of market power on the part of Bazaarvoice; Bazaarvoice’s past, current and future business strategy and plans; Bazaarvoice’s business documents; entry and expansion among competitors in the social commerce space; the absence of barriers to entry in the social commerce space; Bazaarvoice’s product and service offerings; Bazaarvoice’s business conditions since the merger; Bazaarvoice’s past, current and future customers and potential customers; increased competition faced by Bazaarvoice since the acquisition; and any other topics that will be covered during Mr. Pacitti’s deposition. Big Dot of Happiness, LLC Bazaarvoice expects to elicit testimony from a Big Dot of Happiness representative regarding its social commerce tool selection process; its decision to select Magento as a social commerce tool providers; its relationship with Magento and Bazaarvoice; the competitive options available to Big Dot of Happiness for social commerce; social commerce and the tools available to Big Dot of Happiness within social commerce; Big Dot of Happiness’ use of social commerce tools; Big Dot of Happiness’ views of the acquisition; and any other topics covered during its deposition. Build.com, Inc. Bazaarvoice expects to elicit testimony from a Build.com representative regarding its views on the acquisition as a legacy Bazaarvoice customer; the commoditization of ratings and reviews; its relationship with Bazaarvoice; changes in social commerce technology; Build.com’s use of social commerce tools; the competitive options available for Build.com for social commerce; social commerce and the tools available to Build.com within social commerce; Build.com’s views of syndication; Build.com’s use of and experience with syndication; the lack of barriers to entry in the social commerce space; and any other topics covered during its deposition. Fruit of the Loom, Inc. Bazaarvoice expects to elicit testimony from a Fruit of the Loom representative regarding its social commerce tool selection process; its decision to select Amazon as its e-commerce platform provider; its relationship with Amazon; the competitive options available to Fruit of the Loom for social commerce; social commerce and the tools available to Fruit of the Loom within social commerce; Fruit of the Loom’s use of social commerce tools; Fruit of the Loom’s views of the acquisition; and Case3:13-cv-00133-WHO Document112-2 Filed08/26/13 Page5 of 9
  • 6. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BAZAARVOICE’S LIVE TRIAL WITNESS LIST CASE NO. 13-CV-0133 WHO -5- any other topics covered during its deposition. Gigya, Inc. Bazaarvoice expects to elicit testimony from a Gigya representative regarding Gigya’s past, current and future business strategy and plans; Gigya’s past, current and future customers and potential customers; the lack of barriers to entry in the social commerce space; Gigya’s past, current and future product and service offerings; competition with other social commerce vendors; competition with internally developed social commerce solutions; and any other topics covered during its deposition. Golfsmith International, Inc. Bazaarvoice expects to elicit testimony from a Golfsmith representative regarding Golfsmith’s views of the acquisition as a legacy Bazaarvoice customer; its relationship with Bazaarvoice; the most recent renewal of its agreement with Bazaarvoice; the commoditization of ratings and reviews; the competitive options available to Golfsmith for social commerce; Golfsmith’s use of social commerce solutions; social commerce and the tools available within social commerce; Golfsmith’s views of syndication; Golfsmith’s use of syndication; the lack of barriers to entry in the social commerce space; and any other topics covered during its deposition. Hayneedle, Inc. Bazaarvoice expects to elicit testimony from a Hayneedle representative regarding Hayneedle’s views of the acquisition as a legacy PowerReviews customer; its relationship with PowerReviews; the competitive options available to Hayneedle for social commerce; Hayneedle’s use of social commerce solutions; social commerce and the tools available within social commerce; and any other topics covered during its deposition. InterContinental Hotels Group PLC Bazaarvoice expects to elicit testimony from an IHG representative regarding its social commerce tool selection process; its views of the differences in offerings between Bazaarvoice and PowerReviews; its relationship with Bazaarvoice; changes in social commerce technology; IHG’s use of social commerce tools; the competitive options available to IHG for social commerce; social commerce and the tools available within social commerce; IHG’s online business and revenues; IHG’s views of the acquisition; and any other topics covered during its deposition. Case3:13-cv-00133-WHO Document112-2 Filed08/26/13 Page6 of 9
  • 7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BAZAARVOICE’S LIVE TRIAL WITNESS LIST CASE NO. 13-CV-0133 WHO -6- Pacific Sunwear of California, Inc. Bazaarvoice expects to elicit testimony from a Pacific Sunwear representative regarding its social commerce tool selection process; its decision to select Gigya as its social commerce tool provider; its relationship with Gigya; Pacific Sunwear’s views on syndication; changes in social commerce technology; the competitive options available to Pacific Sunwear for social commerce; social commerce and the tools available to Pacific Sunwear within social commerce; Pacific Sunwear’s use of social commerce tools; Pacific Sunwear’s views of the acquisition; and any other topics covered during its deposition. Pluck (Demand Media, Inc.) Bazaarvoice expects to elicit testimony from a Pluck representative regarding Pluck’s past, current and future business strategy and plans; Pluck’s past, current and future customers and potential customers; the lack of barriers to entry in the social commerce space; Pluck’s past, current and future product and service offerings; competition with other social commerce vendors; competition with internally developed social commerce solutions; and any other topics covered during its deposition. Ken Comee (PowerReviews, Inc.) Bazaarvoice expects to elicit testimony from Mr. Comee regarding the rationale from PowerReviews’ perspective for the acquisition; the pro-competitive benefits of the acquisition; competition in the social commerce space; PowerReviews’ business strategy and plans prior to the acquisition; PowerReviews business documents and public statements; entry and expansion among competitors in the social commerce space; the absence of barriers to entry in the social commerce space; PowerReviews’ business and financial condition before the merger; PowerReviews product and service offerings; PowerReviews’ customers and potential customers; the changing competitive dynamics in the social commerce space; and any other topics covered during Mr. Comee’s deposition. Matt Parsons (PowerReviews, Inc.) Bazaarvoice expects to elicit testimony from Mr. Parsons regarding the pro-competitive benefits of the acquisition; competition in the social commerce space; the absence of market power on the part of Bazaarvoice; PowerReviews’ business documents; entry and expansion among competitors in the social commerce space; the absence of barriers to entry in the social commerce space; PowerReviews’ past, current and future customers and potential customers; PowerReviews’ past, current and future business strategy and plans; the inaccuracy and limited utility of the Internet Retailer 500; increased competition faced by PowerReviews since the acquisition; and any other topics covered during Mr. Parsons’ deposition. Case3:13-cv-00133-WHO Document112-2 Filed08/26/13 Page7 of 9
  • 8. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BAZAARVOICE’S LIVE TRIAL WITNESS LIST CASE NO. 13-CV-0133 WHO -7- Rating-System.com Bazaarvoice expects to elicit testimony from a Rating- System.com representative regarding its past, current and future business strategy and plans; Rating- System.com’s past, current and future customers and potential customers; the lack of barriers to entry in the social commerce space; Rating-System.com’s past, current and future product and service offerings; competition with other social commerce vendors; competition with internally developed social commerce solutions; and any other topics covered during its deposition. Sears Holdings Corporation Bazaarvoice expects to elicit testimony from a Sears representative regarding its decision to switch from a commercial ratings and review tool to an internal build; the development and implementation of its internal solution; its relationship with Bazaarvoice; its views on syndication; the pro-competitive benefits of the acquisition; Sears’ use of social commerce tools; the competitive options available to Sears for social commerce; social commerce and the tools available within social commerce; Sears’ views of the acquisition; and any other topics covered during the deposition of Ms. Massuda. Sierra Trading Post, Inc. Bazaarvoice expects to elicit testimony from a Sierra Trading Post representative regarding its decision to switch from a commercial ratings and review tool to an internal build; the development and implementation of its internal solution; Sierra Trading Post’s use of social commerce tools; the competitive options available to Sierra Trading Post for social commerce; social commerce and the tools available within social commerce; Sierra Trading Post’s views of the acquisition; and any other topics covered during its deposition. Southwest Airlines Bazaarvoice expects to elicit testimony from a Southwest representative regarding its social commerce tool selection process; its relationship with Pluck; its views of the differences in offerings between Bazaarvoice and PowerReviews; changes in social commerce technology; Southwest’s use of social commerce tools; the competitive options available to Southwest for social commerce; social commerce and the tools available within social commerce; Southwest’s online business and revenues; Southwest’s views of the acquisition; and any other topics covered during its deposition. The Vitamin Shoppe, Inc. Bazaarvoice expects to elicit testimony from a Vitamin Shoppe representative regarding its views of the acquisition as a legacy PowerReviews customers; changes in social commerce technology; the pro- competitive benefits of the acquisition; its relationship with PowerReviews and Bazaarvoice; Vitamin Shoppe’s use of social commerce tools; the competitive options available for Vitamin Shoppe for social commerce; social commerce and the tools available Case3:13-cv-00133-WHO Document112-2 Filed08/26/13 Page8 of 9
  • 9. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BAZAARVOICE’S LIVE TRIAL WITNESS LIST CASE NO. 13-CV-0133 WHO -8- within social commerce; and any other topics covered during its deposition. Wayfair LLC Bazaarvoice expects to elicit testimony from a Wayfair representative regarding its decision to switch from a commercial ratings and review tool to an internal build; the development and implementation of its internal solution; its relationship with Bazaarvoice; its views on syndication; Wayfair’s use of social commerce tools; the competitive options available to Wayfair for social commerce; social commerce and the tools available within social commerce; Wayfair’s views of the acquisition; and any other topics covered during its deposition. World Kitchen, LLC Bazaarvoice expects to elicit testimony from a World Kitchen representative regarding its views of the acquisition as a legacy Bazaarvoice customer; the commoditization of ratings and reviews; its relationship with Bazaarvoice; the renewal of its agreement with Bazaarvoice; the competitive options available to World Kitchen for social commerce; social commerce and tools available within social commerce; pro- competitive benefits of the acquisition; the lack of barriers to entry in the social commerce space; World Kitchen’s use of syndication; World Kitchen’s views of syndication; and any other topics covered during its deposition. Dr. Ramsey Shehadeh Bazaarvoice expects Dr. Shehadeh to testify as to the topics explored in his opening and rebuttal reports. Jason Goldberg Bazaarvoice expects Mr. Goldberg to testify as to the topics explored in his opening and rebuttal reports. . Dated: August 26, 2013 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ Dominique-Chantale Alepin Dominique-Chantale Alepin Attorneys for Defendant, Bazaarvoice, Inc. Case3:13-cv-00133-WHO Document112-2 Filed08/26/13 Page9 of 9