National Oilwell Varco, L.P. v. Pason Systems USA

Filing 328

Courtroom Minutes for Bench Trial held on 11/30/2011 before Judge Richard P. Matsch. ORDERED: Motion to Replace Defendant's Exhibit List in Final Supplemental Pretrial Order 323 , is moot.(FTR: K. Terasaki) (rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
November 30, 2011
Courtroom Deputy:
J. Chris Smith
FTR Technician:
Kathy Terasaki
____________________________________________________________________________________
Civil Action No. 03-cv-02579-RPM
NATIONAL OILWELL VARCO, L.P.,
Plaintiff,

John W. Raley
Robert M. Bowick, Jr.
Jane Michaels
Bradford T. Laney

v.
PASON SYSTEMS USA CORPORATION,

Timothy G. Atkinson
Mark Lacis
Kelly A. Duke

Defendant.

COURTROOM MINUTES
____________________________________________________________________________________
Trial To Court Day Three
9:02 a.m.

Court in session.

Plaintiff’s client representative Wayne Prejean and defendant’s client representative Greg Lindsay are
present.
9:03 a.m.

Continued direct examination of Mr. Bowden by Mr. Atkinson.

Plaintiff’s Exhibit 12 identified, offered, objection and received.
Reference to Plaintiff’s Exhibits 508, 1, 372, 373 and 371.
Reference to Defendant’s Exhibits A-1, A-4, A-2 and C-19.
Reference to the October 28, 2008 Jury Trial Day Two Transcript (pgs. 363).
Defendant’s Exhibit H-6 (pg. 12), and H-14 identified and referenced.
Defendant’s Exhibit G-1 (H-6 pg. 12) identified, offered and received.
Defendant’s Exhibit H-15 identified, offered and objection.
Referenced to the May 13, 2008 transcript of a Canadian deposition Mr. Bowden (pg. 137).
10:30 a.m.
10:45 a.m.

Court in recess.
Court in session.

Previous Colorado trial testimony of Mr. Bowden is incorporated in this record.
10:46 a.m.

Cross examination of Mr. Bowden by Mr. Raley.

Reference to Defendant’s Exhibit A-4.

November 30, 2011
03-cv-02579-RPM
Plaintiff’s Exhibit 501 identified, offered and received.
Reference to Defendant’s Exhibits E-11, A-1 and G-1.
Reference to Exhibits 364, 508. 373, 371 and 372.
Plaintiff’s Exhibit 2 identified, offered and received.
11:51 a.m.

Redirect examination of Mr. Bowden by Mr. Atkinson.

Reference to Defendant’s Exhibit A-1.
Reference to Exhibit 364.
Reference to the October 28, 2008 Jury Trial Day Two Transcript (pgs. 439, 440)
11:56 a.m.

Recross examination of Mr. Bowden by Mr. Raley.

Reference to Defendant’s Exhibit A-1.
Discussion regarding scheduling.
Plaintiff’s relevancy objection to the Berryhill testimony.
Argument by Mr. Raley.
Argument by Mr. Atkinson.
No co-inventorship suggestion.
11:59 a.m.
1:30 p.m.

Court in recess.
Court in recess.

Defendant’s move for the entire admission of Defendant’s Exhibit F-2.
Argument by Mr. Atkinson.
Plaintiff’s objection by Mr. Raley.
Defendant’s Exhibit F-2 received under Rule 807.
Discussion regarding closings.
Court states closings will be by submission of post trial briefs.
1:35 p.m.

Video deposition of John Berryhill played.

Defendant’s Exhibit F-3 received (by Court request).
2:52 p.m.
3:12 p.m.

Court in session.
Court in session.

Counsel agree to submit the remaining portion of John Berryhill’s videotape deposition by written
transcript.
Mr. Raley reads specific questions and answers from John Berryhill’s deposition transcript.

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November 30, 2011
03-cv-02579-RPM
Discussion and arguments by counsel regarding plaintiff’s objection (hearsay) to Defendant’s offering of
Exhibit G-2 (Atkinson and Raley).
Defendant’s Exhibit G-2 received for limited purpose as stated on record.
Counsel agree to submit the testimony of Mr. Nink and Mr. Doughtie by written transcript.
ORDERED:

Motion to Replace Defendant's Exhibit List in Final Supplemental Pretrial Order
[323], is moot.

3:23 p.m.

Court in recess

Trial Continued Total time: 4 hrs. 50 min.

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