Dynetix Design Solutions, Inc. v. Synopsys, Inc.

Filing 570

ORDER RE: TRIAL PROCEDURES. Signed by Judge Paul S. Grewal on August 23, 2013. (psglc1, COURT STAFF) (Filed on 8/23/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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DYNETIX DESIGN SOLUTIONS INC., a
California corporation,

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Plaintiff/Counter-defendant,

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v.
SYNOPSYS INC., a Delaware corporation,
Defendants/Counter-claimant.

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Case No.: C 11-5973 PSG
ORDER RE: TRIAL PROCEDURES

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In light of the impending trial date in this case, the court provides the following guidance
on trial procedures:
1. Voir Dire. Voir dire will take place on September 3, 2013 at 9:30 AM. After the court

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completes its own questions, each side may question potential jurors for up to 30 minutes.

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Nine jurors will be seated, with no alternates. Each party is allotted three peremptory

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challenges.

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2. Trial Schedule. Opening statements may begin as earlier as the afternoon of September 3,
2013. Counsel shall be present every day at 8:30 AM to address pretrial matters, including

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Case No.: 11-5973 PSG
ORDER

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any objections to demonstratives or exhibits. Trial will run from 9:30 AM to 4:30 PM,
unless otherwise noted. On September 9 and 10, 2013, no proceedings will take place.
3. Time Limits for Trial. The parties may present up to one hour per side for opening

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statements and the same for closing arguments. The parties are limited to 15 hours each for

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direct examination, cross examination, and rebuttal.

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4. Disclosure of Witnesses. No later than 48 hours before calling a witness, the party calling

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the witness shall identify the witness and provide the opposing party a binder disclosing all
exhibits that may be used in questioning the witness.

United States District Court
For the Northern District of California

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5. Disclosure of Demonstratives. In denying Dynetix’s motion to compel on this subject, the

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court provided some deadlines, but upon further reflection by the court, the parties should

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instead adhere to the following: opening statement demonstratives shall be exchanged no

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later than 5:00 PM on September 2, 2013. All other demonstratives shall be exchanged no
later than 7:00 PM on the day before their use.

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6. Jury Instructions. The court will preliminarily instruct the jury prior to opening

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statements. The court will prepare the preliminary instructions and disclose them to the

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parties in sufficient time to permit any objections. The issue of final jury instructions, as

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well as the verdict form, will be addressed at the charging conference, which will be set

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during trial.

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7. Party Representatives. Each party shall be allowed to have one party representative at

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trial who is allowed to hear the entire proceeding, regardless of the confidentiality
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designations of the information presented.

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8. Source Code. The parties shall bring the laptop computers containing their respective

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source code to the courtroom and make them available to the other side for witness

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examinations. For the source code documents marked as trial exhibits, electronic versions

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Case No.: 11-5973 PSG
ORDER

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(i.e., PDF files) will be allowed, notwithstanding the Protective Order, to be projected onto
the screen.

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IT IS SO ORDERED.

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Dated: August 23, 2013

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_________________________________
PAUL S. GREWAL
United States Magistrate Judge

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United States District Court
For the Northern District of California

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Case No.: 11-5973 PSG
ORDER