The Court notes that it found e.Digital’s witnesses to be credible, while some witnesses
offered by digEcor lacked credibility under the above criteria. Specifically, digEcor’s President,
Brent Wood, offered self-serving testimony at trial that was often contradicted by his own past
testimony (
compare Tr. 305-309 with digEcor 30(b)(6) Dep. p. 74; and Tr. 333-336 with
July 14,
2006 Brent Wood Declaration, ¶ 26, Doc. #17) or with his own private statements in the
contemporaneous communications offered in evidence. (
Compare Tr. 162, 171 with
Exs. 62 &
71.) At one point during the trial, Mr. Wood stated that his sworn testimony on a crucial issue
2
(which did not align with digEcor’s litigation position), given in the 30(b)(6) deposition of
digEcor, was false. (Tr. 309.) Further, while the Court found digEcor Vice President Chris
Wood to be generally credible, documents introduced at trial demonstrate that he was less than
candid with e.Digital about the purpose of the inspection performed by digEcor and the extent of
the information digEcor learned.
2 (See Finding No. 71, infra.
) The Court has incorporated these
