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.