MediaTek Inc. v. Freescale Semiconductor, Inc.

Filing 597

PRETRIAL ORDER NO. 6 RE: JURY ISSUES. Signed by Judge Yvonne Gonzalez Rogers on 8/7/14. (fs, COURT STAFF) (Filed on 8/7/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MEDIATEK, INC.,
PLAINTIFF,

CASE NO.: 11-CV-5341 YGR
PRETRIAL ORDER NO. 6 RE: JURY ISSUES

VS.

FREESCALE SEMICONDUCTOR, INC.,
DEFENDANT.
In further preparation for the scheduled jury trial, the Court ORDERS the creation of a joint

Northern District of California

United States District Court

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juror notebook, the requirements of which are identified below. In addition, the parties are advised

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that the Court is considering modifications to the normal presentation of evidence given the technical

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nature of the issues to be presented to the jury, as stated below.

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First, the parties shall meet and confer in developing a joint juror notebook. The Court will

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review the proposed juror notebook with the parties at the next trial readiness conference scheduled

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for August 18, 2014, and resolve any disagreements. Once approved, the parties shall provide

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sufficient notebooks for each juror, plus two. The Court will add its own cover page for the front of

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the notebook. The notebook should include the following components/tabs:

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1. An empty “sheet protector” in which the Court can insert a page with a warning regarding
use of social media and duties of jurors;

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2. Index;

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3. Loose leaf paper for note taking;

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4. Glossary of technical terms;

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5. Photographs of each witness. Each party will be responsible for taking a photograph of

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each witness testifying in its case in chief, outside the Courtroom immediately before the

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witness testifies. The witness’s appearance must be the same in the photograph on the

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witness stand (i.e., same clothing, hairstyle, eyewear). At the time of trial, the parties

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shall provide the Courtroom Deputy with eleven (11) copies of each photograph, printed

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on three-hole-punched, 8 ½” x 11” paper. The photograph size itself should be at least 4”

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by 6”. The Courtroom Deputy will distribute the photographs for placement in the juror

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binders.

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6. Color-coded handouts identifying the specific language of the claims which is at issue in

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the patents and its import to the action. See Docket No. 633 in Oracle America, Inc. v

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Google, 10-cv-3561-WHA, as an exemplar. The handouts should also include any

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constructions made by the Court or to which the parties have stipulated. Alternatively, a

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chart may be a better mechanism for communicating that particular information;

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7. A common timeline of events, if appropriate and useful;

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8. Copies of the patents (on double-sided paper). The copies of the patents should highlight

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or box the claims at issue;

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9. A copy of the Patent Example referenced in the FJC video to be played to the jurors; and

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10. Final jury instructions (to be provided later)

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Second, as the parties are aware, the Court allows jurors to ask questions during the trial. The

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Court is also considering whether: (i) to allow “mini-arguments” during trial; (ii) to require the

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parties to present each side’s experts on a particular topic back-to-back; and (iii) to allow jurors to

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discuss the evidence during the case as it is being presented. The parties should again, meet and

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confer on those issues as a joint recommendation will carry more weight with the Court. The Court

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will consider the parties’ perspectives at the next trial readiness conference.

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On a separate topic, the parties shall advise the Court as to the schedule for the remaining

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depositions. The Court notes that it is awaiting more information before ruling on the “Crown

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Jewel” document.

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Finally, by noon on August 15, 2014, the parties shall file a notice of all additional issues
they would like addressed at the August 18, 2014 conference.
IT IS SO ORDERED.
DATED: August 7, 2014
______________________________________

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HON. YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE
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