Leader Technologies Inc. v. Facebook Inc.

Filing 608

Official Transcript of Verdict held on 07-28-10 before Judge Leonard P. Stark. Court Reporter/Transcriber Leonard A. Dibbs. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/18/2010. Redacted Transcript Deadline set for 8/30/2010. Release of Transcript Restriction set for 10/26/2010. (lad)

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF DELAWARE

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LEADER TECHNOLOGIES INC., a

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C.A. NO.08-862-LPS

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Delaware corporation.

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July 28, 2010

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:

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Plaintiff,

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:

11:37 O'clock a.m.

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v.

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:

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FACEBOOK, Inc., a Delaware

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corporation.

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Defendant.
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TRANSCRIPT OF VERDICT

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BEFORE THE HONORABLE LEONARD P. STARK

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UNITED STATES MAGISTRATE JUDGE

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APPEARANCES:

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For the Plaintiff:

POTTER, ANDERSON & CORROON.

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BY:

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PHILIP ROVNER, ESQ.
-and-

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KING & SPALDING LLP.

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BY:

PAUL ANDRE, ESQ.

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BY:

JAMES HANNAH, ESQ.

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BY:

LISA KOBIALKA, ESQ

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-

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For the Defendant:

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BLANK ROME LLP.
BY:

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STEVEN L. CAPONI, ESQ.
-and-

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COOLEY, GODWARD & KRONISH, LLP.

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BY:

HEIDI L. KEEFE, ESQ.

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BY:

MARK WEINSTEIN, ESQ.

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BY:

MIKE RHOADES, ESQ.

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BY:

JEFFREY NORBERG, ESQ.

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BY:

ELIZABETH STAMESHKIN, ESQ

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Court Reporter:

LEONARD A. DIBBS
Official Court Reporter

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P R O C E E D I N G S is you /UZ /UZ /SAOEURBDZ

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THE COURT:

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THE LAWYERS:

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As we notified the parties by the phone, the jury has

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Be seated, everybody.

Good morning your Honor.

indicated they have a verdict.

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Good morning.

If nobody has any strenuous objections, I'm going to
bring the jury in and hear what the verdict is.

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Mr. Golden.

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(At this time, the jury entered the courtroom.)

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THE COURT:

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THE JURY:

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THE COURT:

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Good morning.
I've been informed that you have reached a

verdict.

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Good morning, ladies and gentlemen.

I ask the Foreperson, is it true you have reached a
verdict?

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THE FOREPERSON:

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THE COURT:

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Yes.

I'm going to have my deputy go forward and

get the verdict from you.

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(The verdict sheet was handed over to the clerk.)

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THE COURT:

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form.

For the record, I have opened the verdict

I'm now handing it to my deputy to read the verdict.
THE CLERK:

For the record, I have received a copy of

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the original verdict form in the case of Leader Technology,

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Inc., versus Facebook, Civil Action 08-862-LPS

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The verdict form states under section A.

Leader's

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Patent Infringement Claims against Facebook.

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Subsection 1, literal infringement.

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Do you find that Leader has proven by a preponderance

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of the evidence that Facebook has literally infringed each and

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every element of any of the asserted claims of U.S. patent

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number 7,139,761?

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The jury has checked the box yes.

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Subsection A, under subsection 1 says if you answered

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yes, please place a check mark next to the claims you found to

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be infringed.

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Claim 1, there's a blue x next to it.

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Claim 4, blue x.

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Claim 7, x.

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Claim nine, x.

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Claim 11, x.

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Claim 16, x.

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Claim 21 x.

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Claim 23, x.

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Claim 25, x.

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Claim 31, x.

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Claim 32, x.

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Subsection 2 reads infringement under the Doctrine of

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Equivalents.
If you found that Facebook did not literally infringe

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some or all of the claims of U.S. Patent Number 7,129,761 in

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question 1, do you find that Leader has proven by a

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preponderance of the evidence that Facebook has infringed any of

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those claims under the Doctrine of Equivalents?

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The box is checked no.

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Under subsection A, subsection 2, all the boxes are

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obviously not checked.

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Subsection 3, Control or Direction.

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With respect to the infringement claims again Facebook

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with respect to Claims, 9, 11 and 16, has Leader shown by a

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preponderance of the evidence that Facebook controls or directs

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the accused actions of Facebook end users and/or Facebook

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employees?

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Subsection A, Facebook end users.

Subsection B, Facebook employees.

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The box no has been

checked.

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The box no has been

checked.
Subsection 4, Priority Date of U.S. patent number
7,139,761.
Do you find that Leader has proven by a preponderance

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of the evidence that U.S. Patent Application No. 60/432255 (the

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Provisional Application) fully discloses each and every element

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of any asserted claim of U.S. Patent No. 7,129,761?

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The box no has been checked.

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Under subsection A.

If you answered yes, please mark

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the asserted claims of U.S. Patent No. 7,139,761 for which you

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found that each and every element was fully disclosed by the

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Provisional Application.

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None of those boxes are checked.

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Subsection B.

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Subsection 1, On-Sale Bar.

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Do you find that Facebook has proven by clear and

Facebook's Patent Invalidity Defenses.

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convincing evidence that the asserted claims of U.S. Patent No.,

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7,129,761 are invalid because the alleged invention was the

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subject of an invalidating offer of sale?

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The box yes has been checked.

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Subsection 2, Prior Public Use.

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Do you find that Facebook has proven by clear and

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convincing evidence that the asserted claims of U.S. Patent No.,

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7,139,761 are invalid because the alleged invention was the

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subject of an invalidating public use?

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The box yes has been checked.

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Section 3, Anticipation by iManage.

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Do you find that Facebook has proven by clear and

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convincing evidence that any of the asserted claims of U.S.

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Patent No. 7,139,761 are invalid because they are anticipated by

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iManage DeskSite 6.0 iManage?

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The box no has been checked.

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Subsection A, if you answered yes, please mark the

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claims that you found to be anticipated.

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None of those boxes are checked.

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Section 4, Anticipation by Swartz.

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Do you find that Facebook has proven by clear and

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convincing evidence that any of the asserted claims of U.S.

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Patent No. 7,129,761 are invalid because they are anticipated by

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U.S. Patent No. 6,236,994 (Swartz)?

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The box no has been checked.

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If you answered yes, please mark the claims that you

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found to be anticipated.

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None of those boxes are checked.

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Section 5, Anticipation by Hubert.

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Do you find that Facebook has proven by clear and

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convincing evidence that any of the asserted claims U.S. Patent

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No. 7,129,761 are invalid because they are anticipated by

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European Patent Application No. EP 1 087 306 A2 or U.S. Patent

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No. 7,590,934 B2 (Hubert)?

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The box no has been checked.

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Under subsection A, if you answered yes, please mark

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the claims that you found to be anticipated.

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None are checked.

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Section 6, Obviousness.

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Do you find that Facebook has proven by clear and

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convincing evidence that any of the claims of U.S. Patent No.

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7,129,761 are invalid on the ground of obviousness?

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The box no has been checked.

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Subsection A, if you answered yes, please mark the
claims that you found to be obvious.

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None of them are checked.

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THE CLERK:

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For the record, the signatures of the

jurors appear at the end of the form.

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THE COURT:

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Mr. Andre, do you have any applications?

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MR. ANDRE:

I would like to have the jury polled, your

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THE COURT:

Mr. Golden, poll the jury.

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THE CLERK:

Juror number 1, is the verdict read in open

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Thank you, Mr. Golden.

Honor.

court true and accurate and your vote?

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JUROR NO. 1:

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THE CLERK:

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Yes.
Juror number 2, was the verdict read in

open court true and accurate and supported by your vote?

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JUROR NO 2:

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THE CLERK:

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Yes.
Juror number 3, was the verdict read in

open court true and accurate and supported by your vote?

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JUROR NO. 3:

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THE CLERK:

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Yes.
Juror number 4, was the verdict read in

open court true and accurate and supported by your vote?

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JUROR NO. 4:

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THE CLERK:

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Yes.
Juror number 5, was the verdict read in

open court true and accurate and supported by your voted?
JUROR NO. 5:

Yes.

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THE CLERK:

Juror number 6, was the verdict read in

open court and true and accurate and supported by your vote?

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JUROR NO. 6:

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THE CLERK:

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Yes.
Juror number 7, was the verdict read in

open court true and accurate and supported by your vote?

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JUROR NO. 7:

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THE CLERK:

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Yes.
Juror number 8, was the verdict read in

open court true and accurate and supported by your vote?
JUROR NO. 8:

Yes.

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THE CLERK:

Thank you.

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THE COURT:

Thank you very much, ladies and gentlemen

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of the jury.
On behalf of the parties, the attorneys, the court, my

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colleagues, myself, I want to thank you very, very much for your

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time and diligence, your patience and your service.

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There are a few matters that I would like to discuss
with you back in the jury room.
You are not entirely free to go yet.

But that moment

is almost here.
Again, I do want to thank you very much.

We'll have

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Mr. Golden show you back to the jury room and you can start to

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collect your things, and I will see you momentarily back there.

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(At this time, the jury left the courtroom.)

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THE COURT:

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I'm going to go back and meet with the jury.

You can all be seated.
I will

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ask them if any of them are willing to stick around to talk with

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the attorneys.

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you need to state for me on the record that nothing you hear

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back there is going to be used in a post trial motion or in that

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appeal.

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If you do wish to talk with the jurors though,

If you are prepared to abide by those terms, I'll let

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up to three people from each side come back and join me to talk

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to the jurors.

Mr. Andre?

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MR. ANDRE:

We'll abide by those terms.

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THE COURT:

Mr. Rhoades?

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MR. RHOADES:

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We have no reason to talk to the jury,

but we accept your terms.

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THE COURT:

I will go back and get the conversation

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started to see if any of them wish to stay and meet with you

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all.

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Mr. Golden will come in and bring you back there.

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We'll stand in recess for now.

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(At this time, court stood in recess.)

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