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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1 1 UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF DELAWARE 3 4 LEADER TECHNOLOGIES INC., a : C.A. No. 08-862-LPS 5 Delaware Corporation : July 28, 2010 6 : 7 Plaintiff, 8 9 : : v. : 10 : 11 FACEBOOK INC., a Delaware : 12 Corporation : 13 : 14 15 Defendant. ............................. 16 17 18 TRANSCRIPT OF CONFERENCE 19 BEFORE THE HONORABLE LEONARD P. STARK 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 APPEARANCES: 24 25 For the Plaintiff: POTTER, ANDERSON & CORROON. 2 1 BY: 2 PHILIP ROVNER, ESQ. -and- 3 KING & SPALDING LLP. 4 BY: PAUL ANDRE, ESQ. 5 BY: JAMES HANNAH, ESQ. 6 BY: LISA KOBIALKA, ESQ 7 8 9 For the Defendant: 10 BLANK ROME LLP. BY: 11 STEVEN L. CAPONI, ESQ. -and- 12 COOLEY, GODWARD & KRONISH, LLP. 13 BY: MARK WEINSTEIN, ESQ 14 15 16 17 18 19 20 21 22 23 24 25 Court Reporter: LEONARD A. DIBBS Official Court Reporter 3 1 2 3 P R O C E E D I N G S had /STPH-FPLT. (At this time, court reconvened.) 4 5 THE COURT: 6 I just thought we should talk briefly about what is 7 8 9 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. 10 I'm thinking next Monday, just to advise me what your proposal 11 is as to what I can do I next. 12 Mr. Andre? 13 MR. ANDRE: I'm open to suggestions. Your Honor, I agree with that. 14 that makes the most sense. 15 I think Everyone kind of rest and catch their breath and figure it out. 16 THE COURT: Get home, maybe? 17 MR. ANDRE: It would be nice to sleep in my own bed. 18 I also talked to Mr. Rhoades before he left. 19 20 He concurred that would be the way to go. Obviously, with the verdict the way it is, I think it 21 makes more sense to reach some kind of resolution through the 22 post-trial briefing on this stage of the case before with we 23 think about any further trials or anything along that lines. 24 nothing changes, if anything does change, we can figure out how 25 the procedure would play into it and all that. If 4 1 2 The scheduling of that and the timing when all that occurs, we need a few days to catch our breath. 3 THE COURT: Okay. Fair enough. 4 Any thoughts from Facebook? 5 MR. WEINSTEIN: I want to let you know, I apologize for 6 the rest of my team that isn't here. 7 discharged from their duties, they assumed there was nothing 8 else going to happen today. 9 THE COURT: 10 When the jury was I was not particularly clear on that point. I understand. 11 MR. WEINSTEIN: No offense to your Honor. 12 THE COURT: 13 MR. WEINSTEIN: . I understand. We agree to take a couple days to 14 meet with Mr. Andre and sort of figure out and a letter coming 15 this Monday will be acceptable to us. 16 THE COURT: Okay. 17 If you work out a joint proposal, you don't need to 18 write separate letters. You can each have the opportunity to 19 write a separate letter. 20 we'll try to get back to you by sometime next week with a 21 schedule. If you get something to me by Monday, 22 Anything else, Mr. Andre? 23 MR. ANDRE: I talked to Mr. Rhoades about this as well. 24 I don't know if it's appropriate to do it at this point, your 25 Honor. I don't know if your Honor feels comfortable about doing 5 1 this. 2 special talents of Magistrate Judge Thygne in a mediation 3 process. 4 case. 5 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 6 that regardless of how it came out, it might make sense to try 7 to get on her calendar and see if there is some kind of 8 resolution without putting the parties through legal 9 proceedings. It's just a thought. 10 has any impression on that. 11 THE COURT: I don't know if your Honor My thought is, I'm certainly willing to 12 talk to her to see if she could take this on. 13 one of those cases that we referred to an outside mediator. 14 MR. ANDRE: That's correct. 15 Norther California. 16 half, two hours. 17 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 18 THE COURT: You didn't settle case? 19 MR. ANDRE: It didn't settle. 20 discussion as to of settlement. 21 It was not a meaningful think about doing. 22 23 24 25 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. 6 1 THE COURT: 2 MR. WEINSTEIN: 3 4 5 6 7 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? 8 MR. WEINSTEIN: 9 THE COURT: 10 That's something maybe the parties can Yes, your Honor. I'll wait until I see what the parties positions are next week. 11 Safe travel to all of you and we'll be in touch. 12 MR. WEINSTEIN: 13 MR. ANDRE: 14 (At this time, court stood in recess.) 15 16 17 18 19 20 21 22 23 24 25 Thank you, your Honor. Thank you, your Honor.

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