Verizon Directories Corp. v. Yellow Book Usa, Inc.

331 F.Supp.2d 136 (2004)

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Nature of the Case

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Facts

P sued D alleging that d has used false or misleading representations in advertising and in sales and marketing communications. The parties have presented almost all exhibits in computer-generated formats as well as by hard copy. The parties have presented almost all exhibits in computer-generated formats as well as by hard copy. here are also 'enhanced images,' occupying the space between static images and animations. There are four overlapping main categories of computer-generated exhibits: static images, animations, simulations, and computer models. There are also easel writings and diagrams created by an expert or attorney during the trial and in the presence of the trier. Computer-generated exhibits in this trial are predominantly of the 'enhanced images' type. The courtroom is fully equipped to deal with such presentations. Tens of thousands of 'bates-numbered' pages that are part of comprehensive collection of documents may be called up by the computer as needed. Preserving some computer-generated evidence in its original form for appellate review requires planning. The parties provided the court with large numbers of notebooks containing traditional documents, witness lists, and identifying data in conjunction with the techniques already discussed, and pedagogics. Were this a jury trial, including some of this information in individual juror notebooks with pictures and identifying data for witnesses would be appropriate. The possibility of compression of evidence for record-keeping purposes is substantial. For example, plaintiffs' exhibits filling seventeen large storage boxes were reduced to two CD-ROM disks.