Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 2126

Declaration of Susan Estrich in Support of 2013 MOTION for Judgment as a Matter of Law, New Trial and/or Remittitur Pursuant to Federal Rules of Civil Procedure 50 and 59, 2054 Brief, 2053 Opposition/Response to Motion, filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: # 1 Exhibit 1 to the Estrich Declaration, # 2 Exhibit 2 to the Estrich Declaration, # 3 Exhibit 3 to the Estrich Declaration, # 4 Exhibit 4 to the Estrich Declaration, # 5 Exhibit 5 to the Estrich Declaration, # 6 Exhibit 6 to the Estrich Declaration, # 7 Exhibit 7 to the Estrich Declaration, # 8 Exhibit 8 to the Estrich Declaration, # 9 Exhibit 9 to the Estrich Declaration, # 10 Exhibit 10 to the Estrich Declaration, # 11 Exhibit 11 to the Estrich Declaration, # 12 Exhibit 12 to the Estrich Declaration, # 13 Exhibit 13 to the Estrich Declaration, # 14 Exhibit 14 to the Estrich Declaration, # 15 Exhibit 15 to the Estrich Declaration, # 16 Exhibit 16 to the Estrich Declaration, # 17 Exhibit 17 to the Estrich Declaration, # 18 Exhibit 18 to the Estrich Declaration, # 19 Exhibit 19 to the Estrich Declaration, # 20 Exhibit 20 to the Estrich Declaration, # 21 Exhibit 21 to the Estrich Declaration, # 22 Exhibit 22 to the Estrich Declaration, # 23 Exhibit 23 to the Estrich Declaration, # 24 Exhibit 24 to the Estrich Declaration, # 25 Exhibit 25 to the Estrich Declaration, # 26 Exhibit 26 to the Estrich Declaration, # 27 Exhibit 27 to the Estrich Declaration, # 28 Exhibit 28 to the Estrich Declaration, # 29 Exhibit 29 to the Estrich Declaration, # 30 Exhibit 30 to the Estrich Declaration, # 31 Exhibit 31 to the Estrich Declaration)(Related document(s) 2013 , 2054 , 2053 ) (Maroulis, Victoria) (Filed on 11/9/2012)

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Estrich Declaration Exhibit 1 1 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 6 APPLE INC., A CALIFORNIA CORPORATION, 7 8 9 10 11 12 13 PLAINTIFF, VS. SAMSUNG ELECTRONICS CO., LTD., A KOREAN BUSINESS ENTITY; SAMSUNG ELECTRONICS AMERICA, INC., A NEW YORK CORPORATION; SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, 14 DEFENDANTS. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) C-11-01846 LHK SAN JOSE, CALIFORNIA JULY 30, 2012 VOLUME 1 PAGES 1-282 15 16 17 TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE LUCY H. KOH UNITED STATES DISTRICT JUDGE 18 19 20 APPEARANCES ON NEXT PAGE 21 22 23 24 25 OFFICIAL COURT REPORTER: LEE-ANNE SHORTRIDGE, CSR, CRR CERTIFICATE NUMBER 9595 2 1 A P P E A R A N C E S: 2 FOR PLAINTIFF APPLE: 3 4 MORRISON & FOERSTER BY: HAROLD J. MCELHINNY MICHAEL A. JACOBS RACHEL KREVANS 425 MARKET STREET SAN FRANCISCO, CALIFORNIA 94105 5 6 7 8 FOR COUNTERCLAIMANT WILMER, CUTLER, PICKERING, APPLE: HALE AND DORR BY: WILLIAM F. LEE 60 STATE STREET BOSTON, MASSACHUSETTS 02109 9 BY: MARK D. SELWYN 950 PAGE MILL ROAD PALO ALTO, CALIFORNIA 10 11 13 QUINN, EMANUEL, URQUHART, OLIVER & HEDGES BY: CHARLES K. VERHOEVEN 50 CALIFORNIA STREET, 22ND FLOOR SAN FRANCISCO, CALIFORNIA 94111 14 BY: 12 FOR THE DEFENDANT: 94304 16 VICTORIA F. MAROULIS KEVIN P.B. JOHNSON 555 TWIN DOLPHIN DRIVE SUITE 560 REDWOOD SHORES, CALIFORNIA 17 BY: 15 18 19 20 21 22 23 24 25 94065 MICHAEL T. ZELLER WILLIAM C. PRICE 865 SOUTH FIGUEROA STREET 10TH FLOOR LOS ANGELES, CALIFORNIA 90017 146 1 AFTERNOON SESSION 2 (WHEREUPON, THE FOLLOWING PROCEEDINGS 3 WERE HELD OUT OF THE PRESENCE OF THE PROSPECTIVE 4 JURORS.) 5 THE COURT: OKAY. ONE QUESTION THAT I 6 HAVE -- WELCOME BACK, EVERYBODY -- IS WHAT WE 7 SHOULD DO TODAY AFTER THE JURY IS SELECTED. 8 9 10 I COULD SHOW THEM THE VIDEO AND READ THE STATEMENT REGARDING THE FEDERAL JUDICIAL CENTER VIDEO. 11 I'M RELUCTANT TO START WITH THE JURY 12 INSTRUCTIONS IF WE DON'T HAVE THE LIMITING 13 INSTRUCTION AS TO MR. NISHIBORI COMPLETELY 14 RESOLVED, AND I DON'T WANT TO SORT OF READ IT 15 SEPARATELY AS AN ADD-ON TOMORROW. 16 DOES THAT MAKE ANY SENSE? BECAUSE THEN 17 IT JUST MAKES IT SEEM LIKE THAT'S NOT PART OF THE 18 PACK. 19 MR. VERHOEVEN: 20 THE COURT: YES, YOUR HONOR. SO SHOULD WE AT LEAST SHOW 21 THE VIDEO? I DON'T WANT TO ALSO LOSE A GOOD CHUNK 22 OF TIME THIS AFTERNOON, EITHER. 23 SO WE COULD SHOW THE VIDEO AND JUST READ 24 THE FJC STATEMENT AND JUST SAVE THE READING OF ALL 25 THE JURY INSTRUCTIONS UNTIL TOMORROW, OR I COULD AT 147 1 LEAST READ THE PRELIMINARY ONES AND GIVE THEM THE 2 BOOKS TOMORROW FOR ALL OF THEM. 3 DO HAVE ANY THOUGHTS ON THIS? 4 MR. VERHOEVEN: I THINK WE AGREE THAT IT 5 WOULDN'T MAKE SENSE TO SEPARATE THE NISHIBORI 6 INSTRUCTION SEPARATE FROM THE OTHERS AND THE 7 INITIAL INCLINATION WOULD BE CORRECT. 8 9 MR. MCELHINNY: I ACTUALLY DON'T -- I THINK THE PROPER TIME FOR A LIMITING INSTRUCTION IS 10 WHEN THE EVIDENCE -- I BELIEVE THAT THE TIME FOR 11 THE LIMITING INSTRUCTION IS WHEN THE EVIDENCE COMES 12 INTO EVIDENCE. 13 BUT IF YOUR HONOR IS GOING TO ALLOW IT IN 14 THE OPENING, THEN I THINK THAT'S THE FIRST TIME 15 THEY'LL HEAR IT AND THAT'S IT. I THINK A LIMITING INSTRUCTION THAT 16 17 POINTS TO SPECIFIC EVIDENCE AND SAYS "THIS IS THE 18 REASON I'M LETTING THIS IN," TO FOLD THAT IN A 19 PACKAGE OF FOUR MINUTES OF PRELIMINARY -- I THINK 20 IT OBVIATES THE PURPOSE OF IT BECAUSE IT'S SUPPOSED 21 TO BE TYING THE JURY'S MIND TO WHEN THEY FIRST HEAR 22 THE EVIDENCE SO THEY KNOW WHAT YOU'RE TALKING 23 ABOUT. 24 25 THE COURT: JURY UP -- ALL RIGHT. LET'S BRING OUR 148 1 2 THE CLERK: I'M WAITING TO HEAR FROM MR. YOUNGER IF THEY'RE ALL DOWN THERE. 3 THE COURT: I'M SORRY? 4 THE CLERK: I'M WAITING TO HEAR FROM J 5 WHETHER THEY'RE ALL DOWN THERE. 6 HE WAS GOING TO DO ANOTHER ROLE CALL. 7 THE COURT: 8 (DISCUSSION OFF THE RECORD BETWEEN THE 9 OH, ON ALL OF THEM? OKAY. COURT AND THE CLERK.) 10 (PAUSE IN PROCEEDINGS.) 11 (WHEREUPON, THE FOLLOWING PROCEEDINGS 12 WERE HELD IN OF THE PRESENCE OF THE PROSPECTIVE 13 JURORS.) 14 THE COURT: 15 TAKE A SEAT. 16 OKAY. WELCOME BACK. PLEASE WE HAD A FEW MORE DEPARTURES IN YOUR ABSENCE. 17 LET'S CONTINUE WITH THE QUESTIONS. 18 THE NEXT QUESTION IS, HAVE YOU OR A 19 FAMILY MEMBER OR SOMEONE VERY CLOSE TO YOU EVER 20 BEEN INVOLVED IN A LAWSUIT, EITHER AS A PLAINTIFF, 21 A DEFENDANT, OR AS A WITNESS? 22 LET'S SEE. 23 ON THE FIRST ROW, WHO WOULD RAISE THEIR HAND TO THAT QUESTION? 24 ALL RIGHT. LET'S GO TO MR. HOGAN. 25 PROSPECTIVE JUROR: IN 2008, AFTER MY 149 1 COMPANY WENT BELLY UP, THE PROGRAMMER THAT WORKED 2 FOR ME FILED A LAWSUIT AGAINST ME AND ULTIMATELY, 3 ACROSS THE NEXT FEW MONTHS, IT WAS DISMISSED AND IN 4 SUCH A FASHION THAT NEITHER ONE OF US COULD SUE THE 5 OTHER ONE FOR THAT MATTER. 6 7 8 9 THE COURT: WHAT WAS HIS -- WHAT WAS THE EMPLOYEE'S CLAIM? PROSPECTIVE JUROR: IT WAS A DISPUTE OVER THE SOFTWARE THAT WE HAD DEVELOPED, WHETHER IT 10 BELONGED TO THE COMPANY OR TO HIM, AND I HAD 11 DOCUMENTS THAT SHOWED IT BELONGED TO THE COMPANY. 12 13 14 ULTIMATELY, AS I SAID, IT WOULD -- WE SETTLED OUT OF COURT AND IT WAS DISMISSED. THE COURT: ALL RIGHT. ANYTHING ABOUT 15 THAT EXPERIENCE THAT WOULD AFFECT YOUR ABILITY TO 16 BE FAIR AND IMPARTIAL TO BOTH SIDES IN THIS CASE? 17 PROSPECTIVE JUROR: 18 THE COURT: OKAY. I DON'T BELIEVE SO. WAS THERE ANY 19 DISPUTE -- WAS THERE ANY DISPUTE AS TO WHO HAD 20 CREATED AND INVENTED THE TECHNOLOGY, OR WAS IT 21 LARGELY WHO HAD OWNERSHIP OF IT? 22 PROSPECTIVE JUROR: IT WAS STRICTLY WHO 23 HAD OWNERSHIP OF IT, AND ULTIMATELY IT WAS 24 ESTABLISHED THAT THE COMPANY DID HAVE OWNERSHIP OF 25 IT, ALTHOUGH -- AND I STILL DO -- ALTHOUGH THE 150 1 COMPANY IS NOT IN BUSINESS ANY LONGER. 2 THE COURT: I SEE. BUT WAS THERE A SORT 3 OF DISPUTE AS TO WHO HAD CREATED OR INVENTED THE 4 TECHNOLOGY AS PART OF THAT OWNERSHIP QUESTION? 5 PROSPECTIVE JUROR: 6 THE COURT: 7 PROSPECTIVE JUROR: YES, THERE WAS. UM-HUM. BUT LIKE I SAID, WE 8 SETTLED THAT -- BECAUSE OF DOCUMENTATION I HAD, WE 9 WERE ABLE TO SETTLE IT OUT OF COURT AND THEN WE 10 WENT BACK TO COURT ONE LAST TIME FOR THE DISMISSAL 11 PAPERWORK. 12 THE COURT: 13 MS. ROUGIERI, I THINK YOU RAISED YOUR 14 OKAY. PROSPECTIVE JUROR: 16 THE COURT: 17 PROSPECTIVE JUROR: 19 THANK YOU. CARD? 15 18 ALL RIGHT. AGAINST A DENTIST. THE COURT: YES, I DID. GO AHEAD. I BROUGHT A LAWSUIT THAT WAS IN 2005, 2006. OH, CAN WE HAVE THE 20 MICROPHONE? APPARENTLY IN THE OVERFLOW ROOM, THEY 21 CAN'T HEAR THE JURORS WITHOUT THE MICROPHONE. 22 THANK YOU. 23 PROSPECTIVE JUROR: I HAD A SMALL CLAIM 24 AGAINST A DENTIST THAT WAS IN 2005. IT WORKED OUT 25 THAT WHEN WE DID THE SMALL CLAIM, I WON THE FIRST 151 1 TIME, AND HE HAD AN APPEAL AND HE BROUGHT HIS 2 LAWYER AND I LOST. 3 THE COURT: 4 REPRESENTED YOURSELF? 5 ALL RIGHT. SO YOU COURT? 6 7 8 9 10 WAS THAT IN SMALL CLAIMS PROSPECTIVE JUROR: IT WAS IN SMALL CLAIMS COURT. THE COURT: OKAY. ANYTHING ABOUT THAT EXPERIENCE THAT WOULD AFFECT YOUR ABILITY TO BE FAIR AND IMPARTIAL IN THIS CASE? 11 PROSPECTIVE JUROR: WELL, NO. 12 BUT IT AFFECTED ME BECAUSE THE LAWYER 13 KNOWS THE JUDGE. 14 KNOWS THE JUDGE, SO THEY WERE TALKING FRIENDLY 15 TERMS IN A WAY THAT THE CHILDREN, THEY PLAYED EACH 16 OTHER TOGETHER IN SCHOOL. 17 THE LAWYER THAT WAS AGAINST ME AND THAT REALLY I THINK -- MY BELIEF IS 18 THAT THAT'S HOW I LOST THE CASE, BECAUSE THE LAWYER 19 KNOWS THE JUDGE. 20 THE COURT: WAS THAT AFTER IT WAS 21 APPEALED TO THE SUPERIOR COURT JUDGE? 22 PROSPECTIVE JUROR: 23 THE COURT: YES. AND YOU'RE SAYING THAT THE 24 LAWYER KNEW THE SUPERIOR COURT JUDGE? 25 PROSPECTIVE JUROR: CORRECT, YES. 152 1 2 THE COURT: AND YOU THOUGHT THAT THERE WAS SOME UNFAIRNESS? 3 4 I SEE. PROSPECTIVE JUROR: UNFAIRNESS TO THAT, YES. 5 THE COURT: OKAY. WOULD YOUR NEGATIVE 6 IMPRESSION FROM THAT EXPERIENCE SPILL OVER INTO 7 THIS CASE AT ALL? 8 PROSPECTIVE JUROR: 9 THE COURT: OKAY. 10 PROSPECTIVE JUROR: 11 THE COURT: 12 NO, NO, YOUR HONOR. I -- NO, YOUR HONOR. ALL RIGHT. AND THIS IS FOR EVERYONE. 13 WE'LL TALK FURTHER ABOUT WHO'S BEEN ON 14 JURY DUTY, BUT THERE ARE DEFINITELY DIFFERENT, YOU 15 KNOW, STANDARDS OF PROOF IN DIFFERENT CASES, AND I 16 JUST WANTED TO MAKE SURE -- YOU ALL HAD CIVIL 17 CASES, SO I WOULD ASSUME THAT YOU ALSO HAD, YOU 18 KNOW, PREPONDERANCE OF THE EVIDENCE. 19 SOUND FAMILIAR? DOES THAT 20 AND WE'LL TALK ABOUT THIS A LITTLE BIT 21 LATER ON, BUT IN DIFFERENT TYPES OF CASES, THERE 22 MAY BE DIFFERENT STANDARDS OF PROOF, AND ALSO THE 23 LAW MAY HAVE CHANGED SINCE WHENEVER YOU WERE A 24 LITIGANT. 25 SO I WANT TO MAKE SURE THAT BOTH 153 1 MR. HOGAN, AND MS. ROUGIERI, THAT YOU WOULD APPLY 2 THE LAW AS I INSTRUCT YOU AND NOT BASED ON YOUR 3 UNDERSTANDING OF THE LAW BASED ON YOUR OWN CASES. 4 IS THAT CORRECT, MR. HOGAN? 5 PROSPECTIVE JUROR: 6 THE COURT: 7 PROSPECTIVE JUROR: 8 THE COURT: 9 AND MS. ROUGIERI? OKAY. YES. ANYONE ELSE IN THE FIRST ROW? 10 PROSPECTIVE JUROR: 11 THE COURT: 12 YES. MICROPHONE? YES, SMALL CLAIMS -- WOULD YOU PLEASE USE THE THANK YOU. 13 PROSPECTIVE JUROR: 14 AND I THINK IT WAS AT THE END OF 2011. THE COURT: 15 16 17 18 19 20 CLAIM? WHAT WAS THE BASIS OF THE WERE YOU A DEFENDANT OR A CLAIMANT? PROSPECTIVE JUROR: I BROUGHT SOMEONE TO COURT WHO OWED ME MONEY. THE COURT: AND WHAT WAS THE -- HOW DID THAT RESOLVE? 21 PROSPECTIVE JUROR: 22 THE COURT: 23 PROSPECTIVE JUROR: 24 THE COURT: 25 SMALL CLAIMS COURT, IT WAS IN MY FAVOR. DID YOU REPRESENT YOURSELF? YES. ALL RIGHT. ANYTHING BASED ON THAT EXPERIENCE THAT LEAVES YOU WITH A LASTING 154 1 IMPRESSION ABOUT THE JUSTICE SYSTEM, ABOUT THE 2 COURTS, ABOUT -- 3 PROSPECTIVE JUROR: 4 THE COURT: 5 NO, NO. -- THE JUDICIARY THAT WOULD AFFECT YOUR ABILITY TO BE FAIR HERE? 6 PROSPECTIVE JUROR: 7 THE COURT: 8 ANYONE ELSE ON ROW 2? 9 ALL RIGHT. 10 NO, NO PROBLEM. ALL RIGHT. THANK YOU. LET'S GO TO MS. FRIESEN. PROSPECTIVE JUROR: THERE WAS A SMALL 11 CLAIMS COURT CASE IN REGARDS TO THE BUSINESS I HAD, 12 IT WAS AN ADVERTISING CASE, AND THE OTHER COMPANY 13 WON THE SUIT. 14 15 THE COURT: WERE YOU THE PLAINTIFF OR THE DEFENDANT? 16 PROSPECTIVE JUROR: 17 THE COURT: 18 AND THIS WAS WITH REGARD TO YOUR FRANCHISE INSURANCE AGENCY? 19 PROSPECTIVE JUROR: 20 THE COURT: 21 PROSPECTIVE JUROR: 22 THE COURT: 23 DEFENDANT. OKAY. CORRECT. WHEN WAS THIS LAWSUIT? I THINK IT WAS 2008. I THOUGHT YOUR BUSINESS ENDED IN 2006. 24 PROSPECTIVE JUROR: 25 THE COURT: OH. CORRECT. THIS WAS AFTER THE 155 1 BUSINESS HAD ALREADY RESOLVED? 2 PROSPECTIVE JUROR: 3 THE COURT: 4 OKAY. CORRECT. AND YOU REPRESENTED YOURSELF; RIGHT? 5 PROSPECTIVE JUROR: 6 THE COURT: OKAY. YES. ANYTHING FROM THAT 7 EXPERIENCE THAT LEFT YOU WITH A, EITHER A BAD TASTE 8 IN YOUR MOUTH OR A GOOD TASTE IN YOUR MOUTH ABOUT 9 THE SYSTEM, ABOUT JUDGES, LAWYERS THAT WOULD AFFECT 10 YOUR ABILITY TO BE FAIR HERE? 11 PROSPECTIVE JUROR: 12 THE COURT: 13 WHAT ABOUT ROW 3? 14 15 16 HAND? OKAY. NOT THAT I KNOW OF. ALL RIGHT. THANK YOU. ANYONE RAISE THEIR NO? THE RECORD SHOULD REFLECT NO HANDS HAVE BEEN RAISED. 17 WHAT ABOUT ROW 4, ROW 5? 18 OH, I'M SORRY. 19 20 21 22 23 24 25 MS. HOLLOWAY, DID YOU HAVE YOUR HAND RAISED? IF YOU COULD PASS THE MICROPHONE, PLEASE, TO MS. HOLLOWAY. PROSPECTIVE JUROR: WORK-RELATED LAWSUIT BACK IN 1986. THE COURT: THE DEFENDANT? AND WERE YOU THE PLAINTIFF OR 156 1 PROSPECTIVE JUROR: 2 THE COURT: 3 PROSPECTIVE JUROR: DEFENDANT. AND WHAT WAS THE CLAIM? AT THE TIME I WAS 4 WORKING FOR INTEL, AND SO ONE OF MY STAFF MEMBERS 5 BROUGHT A LAWSUIT AGAINST INTEL. 6 A DEPOSITION AND THEN HE DROPPED THE CASE. 7 8 THE COURT: WAS IT SOME TYPE OF EMPLOYMENT CASE? 9 PROSPECTIVE JUROR: YES, IT WAS. THE COURT: 10 11 OKAY. WE WENT AS FAR AS SO WERE YOU ACTUALLY I SEE. DEPOSED? 12 PROSPECTIVE JUROR: I WAS THE MANAGER. 13 THE COURT: BUT YOU WERE DEPOSED, 14 OR NOT? I SEE. DID THEY TAKE YOUR DEPOSITION? 15 PROSPECTIVE JUROR: OH, ABSOLUTELY, YES. 16 THE COURT: ALL RIGHT. I SEE. AND YOU 17 SAID THAT CASE RESOLVED HOW? IT WAS -- 18 PROSPECTIVE JUROR: 19 THE COURT: 20 ANYTHING FROM YOUR EXPERIENCE IN THAT HE DROPPED THE CASE. HE DROPPED THE CASE. OKAY. 21 CASE THAT WOULD AFFECT YOUR ABILITY TO BE FAIR AND 22 IMPARTIAL HERE? 23 PROSPECTIVE JUROR: 24 THE COURT: 25 ANYONE ON ROWS -- I KNOW MR. SINA, YOU OKAY. NONE WHATSOEVER. ALL RIGHT. THANK YOU. 157 1 RAISED YOUR HAND. 2 GO AHEAD. PROSPECTIVE JUROR: YES. BACK IN 1998, I 3 HAD A SURGERY. 4 PURSUED BY THE DOCTOR AND I WENT TO THE JUDGE AND 5 WE AGREED TO -- I AGREED TO PAY THE FEES IN 6 INSTALLMENTS. 7 8 PROSPECTIVE JUROR: 15 16 I'M SORRY. AT THAT TIME, MY ENGLISH WAS NOT VERY GOOD, SO -THE COURT: ALL RIGHT. WAS THAT HERE IN SANTA CLARA COUNTY? 13 14 WAS THAT IN SMALL CLAIMS COURT? 11 12 I WAS THAT'S ALL I HAVE. THE COURT: 9 10 I DIDN'T HAVE INSURANCE. PROSPECTIVE JUROR: NO, NO. IT WAS IN THE COURT: AND IT WAS -- WERE INDIANA. I SEE. YOU REPRESENTING YOURSELF? 17 PROSPECTIVE JUROR: 18 THE COURT: OKAY. I BELIEVE SO. ANYTHING FROM THAT 19 EXPERIENCE THAT WOULD IMPACT YOUR ABILITY TO BE 20 FAIR AND IMPARTIAL IN ANY WAY? 21 PROSPECTIVE JUROR: 22 THE COURT: 23 PROSPECTIVE JUROR: 24 THE COURT: 25 ANYONE ON ROW 5? I HOPE NOT. NO? OKAY. NO. ALL RIGHT. OR ROW 6? THANK YOU. I'M SORRY. 158 1 2 OKAY. THE RECORD SHOULD REFLECT NO HANDS HAVE BEEN RAISED. 3 OKAY. NOW, RAISE YOUR HAND, PLEASE, IF 4 YOU HAVE EVER APPLIED FOR A PATENT, A COPYRIGHT, A 5 TRADEMARK OR TRADE DRESS REGISTRATION. 6 7 ALL RIGHT. RAISED. 8 9 10 11 SO WE HAVE THREE HANDS IF YOU WOULD -- OH, FOUR. ALL RIGHT. WELL, SINCE THE MICROPHONE IS DOWN THERE, WHY DON'T YOU GO AHEAD PLEASE AND GIVE THAT TO MR. CHIU. PROSPECTIVE JUROR: I WORK FOR -- I WORK 12 FOR THE NATIONAL SEMICONDUCTOR BEFORE AND THEY WERE 13 ACQUIRED BY TEXAS INSTRUMENTS, AND I FILED PATENTS 14 FOR THE COMPANY. 15 16 THE COURT: OKAY. INVENTOR ON THAT PATENT? 17 PROSPECTIVE JUROR: 18 THE COURT: 19 PROSPECTIVE JUROR: 20 THE COURT: 21 22 23 AND WERE YOU AN YES. WAS A PATENT ISSUED? YES. AND WITHOUT SPECIFICS, WHAT WAS THE GENERAL TECHNOLOGY? PROSPECTIVE JUROR: IT IS THE INTEGRATED CIRCUIT RELATED. 24 THE COURT: INTEGRATED CIRCUIT DESIGN? 25 PROSPECTIVE JUROR: YES. 159 1 THE COURT: 2 PROSPECTIVE JUROR: 3 YEARS. 4 OKAY. HOW LONG AGO WAS THAT? I THINK FROM 3 TO 15 I HAVE SEVERAL PATENTS. THE COURT: YOU HAVE SEVERAL. AND WERE 5 THEY ALL WHILE YOU WERE EMPLOYED AT NATIONAL 6 SEMICONDUCTOR? 7 PROSPECTIVE JUROR: 8 THE COURT: 9 AND ARE THEY ALL RELATED TO INTEGRATED CIRCUIT DESIGN? 10 PROSPECTIVE JUROR: 11 THE COURT: 12 RIGHT. 13 14 AND -- OKAY. ALL AND THEY WERE ROUGHLY 15 YEARS AGO? YES, FROM 3 TO 15 YEARS. THE COURT: 3 TO 15 YEARS. OKAY. SO VERY RECENTLY. 17 18 YES. ALL RIGHT. PROSPECTIVE JUROR: 15 16 YES. DO YOU HAVE PATENT APPLICATIONS PENDING NOW? 19 PROSPECTIVE JUROR: 20 THE COURT: YES. YOU DO. 21 PROSPECTIVE JUROR: 23 THE COURT: 24 PROSPECTIVE JUROR: 25 THE COURT: ALL WITHIN INTEGRATED CIRCUIT DESIGN -- 22 OKAY. YES. -- FIELD? OKAY. RIGHT. ALL RIGHT. WOULD THAT 160 1 IN ANY WAY -- YOU'LL BE INSTRUCTED ON WHAT THE LAW 2 IS AND WOULD YOU BE ABLE TO FOLLOW THE INSTRUCTIONS 3 I GIVE YOU ON THE LAW, EVEN IF IT MAY NOT 4 COMPLETELY CORRESPOND TO WHAT YOU MAY KNOW ABOUT 5 THE PATENT SYSTEM OR THE INTELLECTUAL PROPERTY 6 LAWS? 7 8 PROSPECTIVE JUROR: INSTRUCTIONS. 9 THE COURT: 10 11 YES, I FOLLOW YOUR OKAY. ALL RIGHT. THANK YOU. LET'S GO, I THINK, TO MS. HALIM, MR. OKAMOTO, AND MR. HOGAN. 12 OKAY. 13 PROSPECTIVE JUROR: 14 PATENTS. 15 YOU RAISED YOUR HANDS. LET'S PLEASE START WITH MS. HALIM. OKAY. I HAVE TWO I.C. DESIGN. ONE IS ISSUED WHEN I WAS AT WEITEK, ALSO 16 ANOTHER ONE WAS AT SILICON GRAPHICS. 17 THE COURT: 18 AND IT WAS ALSO ON I.C. DESIGN? 19 PROSPECTIVE JUROR: 20 THE COURT: 21 PROSPECTIVE JUROR: 22 THE COURT: 23 OKAY. YES, RIGHT. WERE PATENTS ISSUED? YES. AND YOU WERE THE INVENTOR ON BOTH? 24 PROSPECTIVE JUROR: 25 THE COURT: OKAY. YES. ALL RIGHT. ANYTHING 188 1 ABOUT PREVIOUSLY? WHAT WERE HIS EMPLOYERS? 2 PROSPECTIVE JUROR: CISCO SYSTEMS. 3 THE COURT: OKAY. I SEE. 4 YOUR CHILDREN CURRENTLY WORKING? 5 AND ARE ANY OF STUDENTS? 6 7 PROSPECTIVE JUROR: THEY ARE STUDENT. ONE IS WORKING ON INTERNSHIP AT FACEBOOK. 8 THE COURT: 9 PROSPECTIVE JUROR: OKAY. 10 THE COURT: 11 PROSPECTIVE JUROR: 12 THE COURT: 13 PROSPECTIVE JUROR: 14 THE COURT: 15 ARE THEY YEAH. AND THE OTHERS ARE STUDENTS? OKAY. YES. THANK YOU. THANK YOU. WOULD YOU PLEASE PASS THE MICROPHONE TO MR. OKAMOTO PLEASE? PROSPECTIVE JUROR: 16 MY NAME IS STEVE 17 OKAMOTO. I WAS BORN IN LAGUNA BEACH, CALIFORNIA. 18 I CURRENTLY RESIDE IN SAN JOSE. I HAVE A MASTER'S DEGREE IN INDUSTRIAL 19 20 PSYCHOLOGY FROM CAL STATE LONG BEACH. 21 U.C. IRVINE IN PSYCHOLOGY. 22 UNDERGRAD AT CURRENT JOB TITLE, I'M A DESIGNER FOR 23 GOOGLE. RESPONSIBILITIES INCLUDE DESIGNING 24 INTERFACES -- RESPONSIBILITIES INCLUDE DESIGNING 25 THE USER INTERFACE, RUNNING TESTS ON THOSE, AND 189 1 ITERATIONS, WORKING WITH ENGINEERING TO GET THOSE 2 CODED. 3 PREVIOUS JOBS, I'VE BEEN AT EBAY, I'VE 4 BEEN AT IBM, I'VE BEEN AT CADENCE DESIGN SYSTEMS 5 AND PROPEL, WHICH WAS A START-UP. 6 7 FAVORITE HOBBY, I KIND OF LIKE GADGETS, ELECTRONICS. 8 9 WE HAVE TWO KIDS, SO I LIKE TO DO A LOT OF SPORTS WITH THE KIDS, SO SPORTS. 10 I'M CURRENTLY MARRIED. 11 THE COUNTY AS A COURT OFFICER. 12 MY WIFE WORKS FOR THAT FOR SEVERAL YEARS NOW. 13 SHE'S BEEN DOING PRIOR TO THAT, THAT WOULD BE IN '98 SHE 14 BECAME A COURT OFFICER, OR SHE WORKED FOR THE 15 COUNTY. 16 RESEARCH. 17 18 PRIOR TO THAT, SHE WAS DOING CANCER MY CHILDREN, I HAVE A SON WHO'S 8 AND MY DAUGHTER IS 11, AND THEY'RE BOTH GOING TO SCHOOL. 19 AND I HAVE HAD NO PRIOR JURY EXPERIENCE. 20 THE COURT: 21 22 23 THANK YOU. CAN YOU TELL ME A LITTLE BIT MORE WHAT YOUR WIFE DOES FOR THE COURT? PROSPECTIVE JUROR: SO SHE WAS A PROBATION OFFICER. 24 THE COURT: UM-HUM. 25 PROSPECTIVE JUROR: AND NOW SHE'S A COURT 190 1 OFFICER, SO I GUESS SHE JUST REPRESENTS THE COUNTY 2 IN COURT. 3 THE COURT: AS A PROBATION OFFICER? 4 PROSPECTIVE JUROR: YEAH. WELL, I GUESS 5 SHE'S A COURT OFFICER, BUT SHE REPRESENTS THE 6 PROBATION DEPARTMENT. 7 8 THE COURT: RIGHT. OKAY. AND THAT'S FOR SANTA CLARA COUNTY? 9 PROSPECTIVE JUROR: 10 THE COURT: OKAY. 11 MR. HOGAN? 12 PROSPECTIVE JUROR: YES. 13 MY NAME IS VELVIN HOGAN. 14 TEXAS. ALL RIGHT. THANK YOU. MY NAME -- EXCUSE ME, I WAS BORN IN GREENVILLE, I RESIDE IN SAN JOSE, CALIFORNIA. I HAVE AN A.A. DEGREE FROM SAN JOSE CITY 15 16 COLLEGE AND I ATTENDED SAN JOSE STATE IN THE 17 ELECTRICAL ENGINEERING DEPARTMENT, THOUGH I DID NOT 18 GRADUATE. I HAVE BEEN IN -- I WAS IN THE HARD DRIVE 19 20 INDUSTRY FOR 35-PLUS YEARS AS AN ELECTRICAL 21 ENGINEER. 22 DIGITAL EQUIPMENT CORPORATION TO NAME A FEW, SEVEN 23 ALTOGETHER. 24 25 I WORKED FOR COMPANIES LIKE MEMOREX, AND MY HOBBIES ARE WHAT I WAS DOING IN THE REALM OF VIDEO COMPRESSION. 191 1 AND I AM MARRIED. 2 AND MY -- I HAVE TWO CHILDREN, A SON 43 3 4 5 6 AND A DAUGHTER 42. MY DAUGHTER WORKS FOR THE COUNTY AND MY SON WORKS IN PRIVATE INDUSTRY. AND I HAVE BEEN A JUROR IN THE PAST ON 7 THREE DIFFERENT OCCASIONS, BUT THEY WERE ALL THREE 8 CIVIL CASES. 9 THE COURT: CAN YOU TELL US -- LET ME 10 BACK UP A SECOND. 11 DOES SHE DO OR DID SHE WORK OUTSIDE THE HOUSE? 12 WHAT ABOUT YOUR SPOUSE? PROSPECTIVE JUROR: WHAT SHE'S RETIRED 13 CURRENTLY, BUT BEFORE SHE RETIRED, SHE WORKED FOR 14 THE SAN JOSE UNIFIED SCHOOL DISTRICT. 15 SPECIAL EDUCATION -- NOT A CREDENTIALED TEACHER, 16 BUT A CERTIFIED ASSISTANT. 17 THE COURT: ALL RIGHT. SHE WAS A AND CAN YOU TELL 18 US THE SEVEN COMPANIES YOU WORKED FOR? 19 EQUIPMENT, MEMOREX? 20 PROSPECTIVE JUROR: OKAY. DIGITAL TO BEGIN WITH, 21 I WORKED FOR A COMPANY THAT NO LONGER EXISTS CALLED 22 CAYLIS MEMORIES; THEN MEMOREX CORPORATION; THEN 23 STORAGE TECHNOLOGY CORPORATION IN COLORADO; DIGITAL 24 EQUIPMENT CORPORATION IN COLORADO SPRINGS; I WORKED 25 FOR SEAGATE TECHNOLOGY; AND THE LAST COMPANY WAS -- 192 1 AND THEN MICROPOLIS CORPORATION, WHICH NO LONGER 2 EXISTS; AND QUANTUM. 3 THE COURT: ALL RIGHT. AND YOUR DAUGHTER 4 THAT WORKS FOR THE COUNTY, IS THAT IN ANY WAY FOR 5 THE COURT SYSTEM? 6 PROSPECTIVE JUROR: NO, NO. SHE IS A -- 7 A DIRECTOR'S ASSISTANT. 8 TO THE CENSUS FOR THE CENSUS, PUTTING EVERYTHING 9 TOGETHER TO GET THAT GOING. 10 SHE WAS DOING WORK PRIOR AND CURRENTLY I'M NOT 100 PERCENT SURE 11 WHAT SHE'S DOING. 12 A NEW POSITION. 13 SHE JUST RECENTLY TRANSFERRED TO THE COURT: OKAY. AND YOUR SON WHO'S IN 14 PRIVATE INDUSTRY, IS THAT IN ANY WAY RELATED CELL 15 PHONES, COMPUTERS, TABLETS, NOTHING IN THE TECH 16 INDUSTRY? 17 18 PROSPECTIVE JUROR: NO. IT'S IN OPTICS, BASICALLY, FIBER OPTICS. 19 THE COURT: ALL RIGHT. 20 MR. BELLA? 21 PROSPECTIVE JUROR: 22 BELLA. 23 THANK YOU. MY NAME IS TERRY RESIDENT OF MOUNTAIN VIEW. 24 25 MY BIRTH PLACE IS PALO ALTO AND I'M A MY EDUCATION BACKGROUND, A.A. DEGREE IN AUTOMATIC TECHNOLOGY AND AN A.A. AGREE IN 193 1 ELECTRONICS, TECHNICIAN, COLLEGE OF SAN MATEO. 2 PAST JOBS, I WAS PART OWNER IN 3 COMMUNICATIONS RESEARCH FOR MANY YEARS, A TWO-WAY 4 RADIO COMPANY. 5 POLICE DEPARTMENT AS LOGISTICS. AND I CURRENTLY WORK AT STANFORD 6 HOBBIES, I LIKE TO DO REMODELS ON MY 7 HOUSE AND CAMPING AND WORK ON CARS AS HOBBIES. 8 I'M CURRENTLY MARRIED, 41 YEARS NEXT 9 WEEK. 10 THE COURT: CONGRATULATIONS. 11 PROSPECTIVE JUROR: 12 AND MY WIFE WORKS CURRENTLY WITH TRADER THANK YOU. 13 JOE'S IN PALO ALTO, AND DURING THE SCHOOL TIME 14 SHE'S AN ART TEACHER AT SPRINGER SCHOOL IN 15 LOS ALTOS. I HAVE A SON WHO'S 25. 16 HE'S MARRIED AND 17 THEY JUST MOVED BACK FROM MARYLAND AND THEY'RE 18 LIVING WITH US NOW UNTIL THEY CAN FIND A JOB, BOTH 19 OF THEM CAN FIND A JOB. 20 21 22 23 24 25 PAST JURY, I REMEMBER TWO JURY SERVICES I DID. BOTH WERE GUILTY. ONE HAD TO DO WITH DRUGS AND I DON'T REMEMBER WHAT THE OTHER ONE WAS. THE COURT: BOTH CRIMINAL? ALL RIGHT. BUT THEY WERE 194 1 PROSPECTIVE JUROR: 2 THE COURT: 3 PROSPECTIVE JUROR: 4 THE COURT: 5 AND WERE THEY IN THIS COUNTY? FEDERAL COURT, IF YOU REMEMBER? PROSPECTIVE JUROR: 7 THE COURT: I DON'T KNOW. THAT'S FINE. HOW LONG AGO WERE THESE? 9 10 YES. AND WERE THEY STATE COURT OR 6 8 YES. PROSPECTIVE JUROR: OH, JEEZ. PROBABLY 20-SOME YEARS AGO. 11 THE COURT: 20-SOME ODD YEARS AGO. OKAY. 12 AND YOU UNDERSTAND THAT THE STANDARD IN A 13 CRIMINAL CASE IS BEYOND A REASONABLE DOUBT, WHICH 14 IS HIGHER THAN THE STANDARDS THAT WOULD APPLY IN 15 THIS CASE? 16 PROSPECTIVE JUROR: 17 THE COURT: YES. ALL RIGHT. I FORGOT TO ASK 18 MR. HOGAN, THE THREE CIVIL LAWSUITS FOR WHICH YOU 19 WERE A JUROR, DO YOU REMEMBER WHAT THE CAUSES OF 20 ACTION WERE? 21 PROSPECTIVE JUROR: ONE OF THEM WAS AN 22 ACCIDENT THAT OCCURRED THAT WAS BACK IN 1973 AND 23 WE, THE JURY, DID NOT RULE IN FAVOR OF THE 24 DEFENDANT IN THAT CASE. 25 THE COURT: OH. AND I'M NOT ASKING 195 1 ANYONE TO REVEAL THE VERDICT. I JUST WANT TO KNOW 2 WHETHER YOU REACHED A VERDICT. 3 PERSONAL INJURY, CAR ACCIDENT? 4 PROSPECTIVE JUROR: 5 A VERDICT. ALL THREE WE REACHED THAT ONE WAS PERSONAL INJURY. 6 THE COURT: OKAY. 7 PROSPECTIVE JUROR: THE NEXT ONE WAS 8 SPOUSAL ABUSE, BUT NOT CRIMINAL, SO IT WAS DONE IN 9 SUPERIOR COURT. 10 THE COURT: OKAY. 11 PROSPECTIVE JUROR: THE OTHER ONE WAS A 12 LITTLE BIT OLDER AND RIGHT NOW I CAN'T REMEMBER THE 13 DETAILS. 14 I REMEMBER WE REACHED A VERDICT. THE COURT: DO YOU REMEMBER ROUGHLY, WHAT 15 WAS THE ONE TWO DECADES AGO? 16 PROSPECTIVE JUROR: WELL, ONE WAS IN '73; 17 ONE WAS IN THE MID '80S, '87, I THINK IT WAS; AND 18 THE OTHER ONE THAT WAS MORE RECENT WAS 1990. THE COURT: 19 20 SO YOU'RE DUE FOR ANOTHER ONE. 21 PROSPECTIVE JUROR: 22 THE COURT: 23 OKAY. YEAH. ALL RIGHT. OKAY. THANK YOU. 24 LET'S GO TO MS. ROUGIERI. 25 PROSPECTIVE JUROR: MY NAME IS LUZVIMINDA 196 1 ROUGIERI. 2 GREW UP IN THE UNITED STATES. 3 EVERGREEN IN SAN JOSE. 4 5 CITY OF RESIDENCE, EDUCATIONAL BACKGROUND, I HAVE A BACHELOR'S DEGREE IN FOREIGN LANGUAGE. 6 7 MY PLACE OF BIRTH IS PHILIPPINES, BUT I PAST AND CURRENT JOB, I HAVE NOT WORKED FOR 23 YEARS. 8 I'VE BEEN RAISING OUR SON. I WORKED AT NATIONAL SEMICONDUCTOR AND 9 THAT WAS WHEN WE WERE LIVING IN -- I MOVED TO 10 MASSACHUSETTS AND CHANGED CAREER AND GET INTO 11 RETAIL. 12 13 14 FAVORITE HOBBY WOULD BE PAINTING, COOKING, AND GARDENING. I AM CURRENTLY MARRIED. 15 YEARS BY NEXT MONTH. 16 THE COURT: 17 PROSPECTIVE JUROR: IT'LL BE 25 CONGRATULATIONS. CURRENT JOB, MY 18 HUSBAND, HE WORKED FOR APPLIED MATERIALS. 19 WORKED FOR K.L.A. 20 NOW HE WORKS FOR A MEDICAL START-UP COMPANY WORKING 21 WITH -- TEAM UP WITH LAWRENCE LIVERMORE. 22 23 24 25 HE HE WORKED FOR HARRIS, ETON, AND WE HAVE ONE CHILD WHO IS NOW IN COLLEGE, A 21 YEAR OLD. PRIOR JURY SERVICE, THIS IS THE FIRST TIME, SO I'M OVERWHELMED AND A JURY, IT'S -- THIS 197 1 IS THE FIRST TIME. 2 THE COURT: 3 LET ME ASK, WITH YOUR RETAIL NOW, IS THAT 4 THANK YOU. IN ANY WAY RELATED TO PHONES, TABLETS, COMPUTERS? 5 6 OKAY. PROSPECTIVE JUROR: NO, IT HAD NOTHING TO DO WITH THAT. 7 THE COURT: 8 MS. FLAVIN? 9 PROSPECTIVE JUROR: 10 OKAY. ALL RIGHT. THANK YOU. MY NAME IS NICOLE FLAVIN. 11 THE COURT: FLAVIN, EXCUSE ME. 12 PROSPECTIVE JUROR: 13 PLACE OF BIRTH, LOS GATOS, CALIFORNIA. 14 LIVE IN SUNNYVALE. IT'S ALL RIGHT. I CURRENTLY 15 EDUCATIONAL BACKGROUND, SOME COLLEGE. 16 I CURRENTLY WORK AT UPS. 17 SUPERVISOR. 18 I'M A AND DISPATCH. I'M NOT MARRIED. 19 20 I'M RESPONSIBLE FOR PACKAGE PLANNING CHILDREN. I DON'T HAVE ANY AND I'VE NEVER SERVED ON A JURY BEFORE. 21 THE COURT: 22 MS. LEROSE, IF YOU WOULD PLEASE PASS THE 23 MICROPHONE OVER. 24 25 OKAY. THANK YOU. PROSPECTIVE JUROR: LEROSE. THANK YOU. MY NAME IS LYNN PLACE OF BIRTH IS EASTON, PENNSYLVANIA. I 198 1 RESIDE IN RIO DEL MAR IN SANTA CRUZ COUNTY. 2 I HAVE MY MASTER'S IN EARLY CHILDHOOD 3 EDUCATION AND SPEECH PATHOLOGY -- MY MASTER'S IS 4 NOT IN SPEECH PATHOLOGY. 5 PATHOLOGY. IT'S A B.S. IN SPEECH 6 I'VE OWNED MY OWN BUSINESS, A NATIONALLY 7 ACCREDITED PRESCHOOL FOR 20 YEARS, CLOSED, WHICH I 8 HAVE ALREADY DISCLOSED, IN 2005. 9 AND PREVIOUS TO THAT, THEY WERE JUST 10 PART-TIME JOBS TO GET ME THROUGH SCHOOL TO GET TO 11 WHERE I WAS GOING, AND I CAN'T REMEMBER THOSE 12 LITTLE JOBS, BUT I HAVE BEEN GRATEFUL FOR THEM. 13 FAVORITE HOBBIES, I LOVE READING AND 14 GARDENING AND PLANTING MY -- THE RECREATIONAL 15 ACTIVITIES, PLANTING MY FEET ON ANY BEACH THAT I 16 CAN WALK ON FOR AT LEAST A COUPLE OF HOURS. 17 I AM MARRIED. MY PARTNER'S CURRENT 18 OCCUPATION IS IN INFORMATION TECHNOLOGY WITH 19 SANTA CLARA MEDICAL. 20 MY CHILDREN, I HAVE TWO, A 29 YEAR OLD 21 AND A 34 YEAR OLD. ONE IS IN RETAIL, COMPUTERS, 22 AND MY OTHER ONE OWNS HIS OWN CONSTRUCTION 23 BUSINESS. 24 AND NO, NO PRIOR SERVICE. 25 THE COURT: ALL RIGHT. THANK YOU. 1 2 3 CERTIFICATE OF REPORTER 4 5 6 7 8 9 I, THE UNDERSIGNED OFFICIAL COURT REPORTER OF THE UNITED STATES DISTRICT COURT FOR 10 THE NORTHERN DISTRICT OF CALIFORNIA, 280 SOUTH 11 FIRST STREET, SAN JOSE, CALIFORNIA, DO HEREBY 12 CERTIFY: 13 THAT THE FOREGOING TRANSCRIPT, 14 CERTIFICATE INCLUSIVE, CONSTITUTES A TRUE, FULL AND 15 CORRECT TRANSCRIPT OF MY SHORTHAND NOTES TAKEN AS 16 SUCH OFFICIAL COURT REPORTER OF THE PROCEEDINGS 17 HEREINBEFORE ENTITLED AND REDUCED BY COMPUTER-AIDED 18 TRANSCRIPTION TO THE BEST OF MY ABILITY. 19 20 21 /S/ _____________________________ LEE-ANNE SHORTRIDGE, CSR, CRR CERTIFICATE NUMBER 9595 22 23 24 25 DATED: JULY 30, 2012

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