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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.
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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.
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BAZAARVOICE’S LIVE TRIAL WITNESS LIST
CASE NO. 13-CV-0133 WHO
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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
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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.
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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
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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.
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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.
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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
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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.
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