Free Response to Motion - District Court of Delaware - Delaware

Fggsg 1304-ov-00583-GI\/IS Document 94-4 Filed 08/29/2005 Pélgé T Ofgwnf 0V0- *111 I Y if I
1 render at the time of trial?
2 A. Regarding?
3 Q. Regarding testimony in this case concerning
4 industry standards in the reseller business, reseller
5 distributor business.
6 A. I wouldn't say that I ·— the only thing I
7 would be offering would be what I know of the industry
3 through my Lexmark relationship.
1 9 Q . Okay .
10 A. I think I've —— I'm not sure that we covered
ll a lot of that in the first deposition, but I'm not sure
12 exactly how to answer the question.
I I3 Q. Okay. Well, I guess I can back that a
14 different way. I just wanted to know, I mean, as you
I5 sit here today, do you have —— do you have any opinion
I6 contemplated that you're going to issue at the time of
17 trial concerning the standards of competitors of
18 Lexmark in the industry?
n 19 A. I think in my first deposition, again we
20 stalked about it briefly that through my knowledge,
21 everyane sets their own terms independently, or at
I 221 least they should be, according to the FTC. And
23 although we do —— we are a member of a credit P
24 ·association and we gather with other vendors to talk
25 about our customers, you know, we have to follow
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Case1:04—cv-00583-GIVIS Document 94-4 Filed 08/29/2005 Page20f2
• 1 certain guidelines to prevent collusion. But we do get
2 a view of what the other vendors are offering to
3 customers, especially vendors that are very much like
4 us that are printer companies or have some -- at least
5 some portion of other company sells printers. But my l
6 knowledge would tell me that, you know, everyone does
7 act independently and makes their own decisions
8 regarding terms and what credit limits they're going to
9 set and when they're going to become worried about a
10 customer and when they might invoke a stop shipment.
11 Q. Okay. The competitor —- you mentioned the
12 competitors of Lexmark in the —— in the printing
13 industry, correct?
O 14 A. uh-huh.
15 Q. Okay. Can you tell me who the competitors
16 are of Lexmark in the printing industry.
17 A. Our main competitors are Hewlett Packard,
18 Canon, and Epson.
19 Q. And anybody else?
20 A. Well there's a few smaller groups.
21 Q. Okay.
22 A. Xerox, Kodak, Brother International.
23 Q. Okay.
24 A. Fuji Xerox, Samsung, Kyocera. I think it's
25 K—y—o-c-e—r-a, let's see, [phonetic: Kee-oh-seer—uh].
O
ACTION COURT REPORTERS 17

Case 1:04-cv-00583-GMS

Document 94-4

Filed 08/29/2005

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Case 1:04-cv-00583-GMS

Document 94-4

Filed 08/29/2005

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