Leader Technologies Inc. v. Facebook Inc.
Filing
609
Official Transcript of In Courtroom Conference held on 07-28-10 before Judge Leonard P. Stark. Court Reporter/Transcriber Leoanrd 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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:
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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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:
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Defendant.
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TRANSCRIPT OF CONFERENCE
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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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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:
MARK WEINSTEIN, 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 had /STPH-FPLT.
(At this time, court reconvened.)
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THE COURT:
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I just thought we should talk briefly about what is
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Have a seat, please.
going to happen next.
My suggestion is that you all take a few days to digest
what's happened and then get back to me in separate letters.
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I'm thinking next Monday, just to advise me what your proposal
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is as to what I can do I next.
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Mr. Andre?
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MR. ANDRE:
I'm open to suggestions.
Your Honor, I agree with that.
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that makes the most sense.
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I think
Everyone kind of rest and catch
their breath and figure it out.
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THE COURT:
Get home, maybe?
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MR. ANDRE:
It would be nice to sleep in my own bed.
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I also talked to Mr. Rhoades before he left.
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He
concurred that would be the way to go.
Obviously, with the verdict the way it is, I think it
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makes more sense to reach some kind of resolution through the
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post-trial briefing on this stage of the case before with we
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think about any further trials or anything along that lines.
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nothing changes, if anything does change, we can figure out how
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the procedure would play into it and all that.
If
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The scheduling of that and the timing when all that
occurs, we need a few days to catch our breath.
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THE COURT:
Okay.
Fair enough.
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Any thoughts from Facebook?
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MR. WEINSTEIN:
I want to let you know, I apologize for
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the rest of my team that isn't here.
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discharged from their duties, they assumed there was nothing
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else going to happen today.
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THE COURT:
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When the jury was
I was not particularly clear on that point.
I understand.
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MR. WEINSTEIN:
No offense to your Honor.
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THE COURT:
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MR. WEINSTEIN: .
I understand.
We agree to take a couple days to
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meet with Mr. Andre and sort of figure out and a letter coming
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this Monday will be acceptable to us.
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THE COURT:
Okay.
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If you work out a joint proposal, you don't need to
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write separate letters.
You can each have the opportunity to
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write a separate letter.
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we'll try to get back to you by sometime next week with a
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schedule.
If you get something to me by Monday,
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Anything else, Mr. Andre?
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MR. ANDRE:
I talked to Mr. Rhoades about this as well.
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I don't know if it's appropriate to do it at this point, your
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Honor.
I don't know if your Honor feels comfortable about doing
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this.
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special talents of Magistrate Judge Thygne in a mediation
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process.
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case.
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This may be a particular good time to reach out to the
The parties never had a meaningful mediation in this
We were talking about -- when the trial was ongoing
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that regardless of how it came out, it might make sense to try
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to get on her calendar and see if there is some kind of
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resolution without putting the parties through legal
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proceedings.
It's just a thought.
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has any impression on that.
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THE COURT:
I don't know if your Honor
My thought is, I'm certainly willing to
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talk to her to see if she could take this on.
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one of those cases that we referred to an outside mediator.
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MR. ANDRE:
That's correct.
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Norther California.
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half, two hours.
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I think this is
We used a mediator in
tell you what happened.
The mediation lasted maybe an hour and a
There was a proposal put on the -- I won't
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THE COURT:
You didn't settle case?
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MR. ANDRE:
It didn't settle.
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discussion as to of settlement.
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It was not a meaningful
think about doing.
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It might be something we might
Obviously, because of the nature of the verdict
Facebook thinks it would be a bad idea, that's fine.
I talked to Mr. Rhoades after the verdict.
He thought
it would be a pretty good idea to have that discussion.
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THE COURT:
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MR. WEINSTEIN:
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Is there anything else you want to say?
put in their special proposals in their Monday letter.
THE COURT:
If that's your position, I'll certainly
wait to start any conversation with Judge Thygne.
Are you asking me to wait until I see what you put in
your letter?
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MR. WEINSTEIN:
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THE COURT:
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That's something maybe the parties can
Yes, your Honor.
I'll wait until I see what the parties
positions are next week.
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Safe travel to all of you and we'll be in touch.
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MR. WEINSTEIN:
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MR. ANDRE:
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(At this time, court stood in recess.)
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Thank you, your Honor.
Thank you, your Honor.
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