3. Stone's deposition testimony regarding InfoFlows' damages for its lost business opportunities was read to the jury as follows:
Q: I asked you a question a line four, `Have any of the misrepresentations you told me, told me about this afternoon, caused money damages to InfoFlows?"
There's an objection by Mr. Willey.
And you say, `If I — had I known that Corbis had filed a patent, I would have terminated the relationship. I would have gone a different direction. Instead of a relationship with Corbis funding the jazz service, I would have probably gone the investment route. I would have developed or InfoFlows would have developed a company. In that fashion it's hard to project where we'll be two and a half years later, this being mid 2008, us terminating the relationship in early 2006.
"`So I believe we would be materially further ahead. Where on that plan we would be right now, it's hard for me to gauge'"
I say, `All right [sic], can you quantify this, where the difference between where you are now and where you would have been if you'd never entered into the development agreement in money and dollars?' There's another objection.
You say, `I haven't done that analysis yet. I could probably quantify it, but I don't have a number right now.'
I ask you, `How would you go about it?'
`I would need to think about how I would go about it, so I don't want to know right off — I don't know right off the top of my head.'
`So had you not continued the relationship with Corbis, you think you would have been funded by one of the venture groups that you visited with?'
Answer: `I believe so, yes.'
`Which one?' There's another objection.
`It's unknown to me which one, I don't know.'"