Personalized User Model LLP v. Google Inc.

Filing 615

Proposed Voir Dire by Personalized User Model LLP, Konig Yochai. (Tigan, Jeremy)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PERSONALIZED USER MODEL, L.L.P.,

)
)
Plaintiff,
)
)
v.
)
)
GOOGLE, INC.,
)
)
Defendant.
)
)
)
)
GOOGLE, INC.
)
)
Counterclaimant,
)
)
v.
)
PERSONALIZED USER MODEL, L.L.P. and )
)
YOCHAI KONIG,
)
Counterclaim-Defendants. )

C.A. No. 09-525 (LPS)

JOINT [PROPOSED] VOIR DIRE
Pursuant to D. Del. LR 47.1, the parties hereby submit the attached proposed voir dire to
the jury panel. The parties reserve the right to submit additional questions as necessary or
appropriate based upon the responses elicited from the prospective jurors during voir dire
examination pursuant to Federal Rule of Civil Procedure 47(a).

MORRIS, NICHOLS, ARSHT & TUNNELL LLP

POTTER ANDERSON & CORROON LLP

/s/ Jeremy A. Tigan

/s/ Richard L. Horwitz

________________________________________
Karen Jacobs (#2881)
Jeremy A. Tigan (#5239)
Regina Murphy (#5648)
1201 N. Market Street
P.O. Box 1347
Wilmington, DE 19899-1347
[phone]
[e-mail]
[e-mail]
[e-mail]

________________________________________
Richard L. Horwitz (#2246)
David E. Moore (#3983)
Hercules Plaza, 6th Floor
1313 N. Market Street
Wilmington, DE 19801
[phone]
[e-mail]
[e-mail]

Attorneys for Personalized User Model, L.L.P.
and Yochai Konig

OF COUNSEL:

Attorneys for Defendant Google, Inc.

Charles K. Verhoeven
David A. Perlson
Joshua Lee Sohn
Antonio R. Sistos
Margaret Pirnir Kammerud
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street
San Francisco, CA 94111

OF COUNSEL:
Marc S. Friedman
DENTONS US LLP
1221 Avenue of the Americas
New York, NY 10020-1089
Mark C. Nelson
Steven M. Geiszler
Richard D. Salgado
DENTONS US LLP
2000 McKinney Avenue, Suite 1900
Dallas, TX 75201

Andrea Pallios Roberts
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
555 Twin Dolphin Drive, Suite 560
Redwood Shores, CA 94065

Jennifer D. Bennett
DENTONS US LLP
1530 Page Mill Road, Suite 200
Palo Alto, CA 94304-1125
Andrew M. Grodin
DENTONS US LLP
101 JFK Parkway
Short Hills, NJ 07078-2708
March 3, 2014

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PERSONALIZED USER MODEL, L.L.P.,

)
)
Plaintiff,
)
)
v.
)
)
GOOGLE, INC.,
)
)
Defendant.
)
)
)
)
GOOGLE, INC.
)
)
Counterclaimant,
)
)
v.
)
PERSONALIZED USER MODEL, L.L.P. and )
)
YOCHAI KONIG,
)
Counterclaim-Defendants. )

C.A. No. 09-525 (LPS)

VOIR DIRE
Introduction
Good morning, ladies and gentlemen. I am Judge Leonard Stark. We are going to select
a jury in a civil case called Personalized User Model, LLC v. Google Inc.
This is an action for patent infringement. The plaintiff in this case is Personalized User
Model, LLP, which I may refer to as “PUM.” The defendant in this case is Google Inc., which I
may refer to as “Google.” In this case, Google is accused of infringing PUM's patents. Google
denies infringement and also asserts that those patents are invalid. Google also accuses one of
the named inventors of the patents-in-suit, Yochai Konig, of breaching his employment
agreement with his former employer.

I am about to ask you a series of questions. This process of asking you questions and
getting your answers is called “voir dire.” The purpose of the voir dire examination is to
determine whether any prospective juror should be excused from serving as a juror on this case.
If your answer is “yes” to any of the questions I am about to ask you, please remember
the questions to which you have responded “yes.” Later, I will ask those who have responded
“yes” to any of the questions to meet with me individually together with counsel for the parties
to discuss your answers.
When I have concluded asking all of the questions, I will leave the courtroom and go into
my jury room, along with some of the attorneys and the court reporter. Then, for any of you who
have answered “yes” to any of my questions, members of my staff will bring you into the jury
room so you can speak to me and the attorneys about any affirmative responses you had. Don't
worry if you can't remember the specific question or question number to which your answer is
“yes.”
Members of the jury:
1.

Do you have any personal knowledge of this case, or any opinion regarding it, or
have you read or heard this case discussed?

2.

Have you heard of or read anything about this case?

The Parties
3.

You have been given a list of companies and organizations. Have you or a
member of your immediate family ever worked for any of these companies or
organizations?

4.

Do you know any individuals who work for or do business with any of these
companies of organizations?

2

5.

Do you or a member of your family now own, or have you or any such member
ever owned, stock or had any financial interest in any of these companies or
organizations?

6.

Have you or a member of your family had any business dealings with, or relied
financially in any way on, any of these companies or individuals?

7.

Have you or a member of your family had any experience with the products or
services of any of those companies or otherwise have any strong feelings, positive
or negative, toward any of these companies or organizations?

8.

Do you have any particular feelings about individuals who were born or who live
outside of the United States or about foreign companies?

9.

Do you use or have you ever used any of the following Google products:
a.
b.

10.

Google Search?
YouTube?

Have you heard of, or do you use or have you ever used any of the following
Google products:
a.
b.

11.

Google Search Ads?
AdSense for Content?

Have you, a member of your immediate family, or anyone close to you ever
purchased advertising from Google or established an account to use Google
Search or AdSense for Content Services, or worked for a company that has done
so?

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The Parties’ Counsel
12.

You have been given a list of the attorneys and law firms involved in this
litigation. Do you or a member of your family know any of the attorneys or firms
involved in this case?

13.

Have you or a member of your immediate family ever been represented by any of
those attorneys or other associates or members of the listed law firms?

14.

Have you or a member of your immediate family ever been employed by or had a
business relationship with any of these firms?

15.

Have you or a member of your immediate family ever been involved in a lawsuit
where the person or persons on the other side were represented by any of the law
firms?

Witnesses
16.

You have been given a list of the individuals who might appear as witnesses in
this case. Do you know or are you familiar with any of these individuals?

Legal Proceedings
17.

Have you or a member of your immediate family ever been a plaintiff, a
defendant, or a witness in a legal proceeding?

18.

Have you ever served as a juror in any court?

19.

Have you or a family member had any legal education or training?

Patent and/or Intellectual Property Exposure
20.

Have you ever invented anything?

21.

Have you or any close relative or friend had any experience, either personal or
through business, involving inventions or patents?

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22.

Do you have any knowledge about or experience with patents, including applying
for a patent?

23.

Have you ever worked for a company that had patented products or processes?

24.

Have you ever been involved in the development of a new product or process?

25.

Have you or any company that you have worked for ever been involved in a
patent dispute?

26.

Have you, any member of your family, or anyone close to you ever been
employed by, or had any dealings with, the United States Patent and Trademark
Office or have any strong feelings about the United States Patent and Trademark
Office?

27.

Have you ever been accused of taking an idea, design, concept, or other
intellectual property that belonged to someone else?]

28.

[Google Proposal: Do you have any strong opinions about a patent granting
exclusive rights to the inventors or their employer?]

Technical Subject Areas
29.

You have been given a list of subject areas. Have you, a family member, or close
friend ever been educated, employed, trained, or had any experience in any of
those areas?

30.

Have you, a family member, or a close friend ever worked on designing,
developing, or testing computer software or applications of any kind?

31.

Are you, a family member, or a close friend a computer software engineer or
computer programmer or have any education, training or experience in software
engineering or computer programming?

5

32.

Do you have a computer in your home?

33.

Do you regularly play computer games?

Contracts
34.

Have you ever owned a business or started your own business?

35.

Do you have any knowledge about or experience with drafting or negotiating
employment contracts?

36.

Have you or someone close to you ever been required to sign an employment
contract?

Special Circumstances
37.

On most days, jurors will be expected to sit from 9:00 in the morning until 4:30 in
the afternoon. There will be a half-hour lunch break and a 15-minute break in
both the morning and the afternoon. The trial is expected to be completed by
March 21, 2014. In light of this schedule, would you be unable to sit as a juror in
this case for that period of time?

38.

If you are selected to sit as a juror in this case, are you aware of any reason why
you would be unable to follow the law as I give it to you and render a verdict
based solely on the evidence presented at trial.

39.

Do you have any special disability or medical condition or other problem that
would make it difficult or impossible for you to serve as a member of the jury in
this case?

40.

Does any member of the jury panel have any difficulty speaking, reading, writing
or understanding English?

6

41.

Do you know of any other matter that you believe should be called to the Court’s
attention as having some bearing upon your qualifications or ability to sit as a
juror, or which you think may prevent you from rendering a fair and impartial
verdict based solely upon the evidence and my instructions as to the law?

Ladies and Gentlemen, I thank you for your attention and for answering my questions.
We will now allow the parties to choose the jury for this matter. Since there are only __ people
who will be chosen, you may or may not be asked to serve on this jury. Either way, I want to
thank you for doing your civic duty and for ensuring the fair functioning of justice system.

7

List of Companies and Organizations
Personalized User Model, LLP
Levino
Utopy
Genesys
Google Inc.
List of Attorneys and Law Firms
Morris, Nichols, Arsht & Tunnell LLP
Karen Jacobs
Jeremy A. Tigan
Regina S.E. Murphy
Dentons
Marc S. Friedman
Mark C. Nelson
Jennifer Bennett
Steven M. Geiszler
Richard D. Salgado
Andrew M. Grodin
Potter Anderson & Corroon, LLP
David Ellis Moore
Richard L. Horwitz
Bindu A. Palapura
Quinn Emanuel Urquhart & Sullivan, LLP
Charles K. Verhoeven
David A. Perlson
Andrea P. Roberts
Antonio R. Sistos
Joshua L. Sohn
Margaret P. Kammerud

8

List of Individuals Who Might Appear as Witnesses
Michael Pazzani
Jaime Carbonell
Ed Fox
Michael Jordan
Jonathan Alferness
Doron Aspitz
Douglas Bercow
Jack Benquesus (a.k.a. Jack Banks)
Reuben Benquesus (a.k.a. Reuben Banks)
Michael Berthold
Phillip Black
Onn Brandman
Cedric Dupont
Horacio Franco
Greg Freidman
Ari Gal
Karthik Gopalratnam
Taher Haveliwala
Bryan Horling
Rebecca Illowsky
Ron Jacobs
Glen Jeh
David Konig
Yochai Konig
Frank Montes
Matthew Montebello
Andras Nemeth
Bilgehan Oztekin
Raymond Perrault
Shankar Ponnekanti
James Salter
Mustafa Sonmez
Andreas Stolcke
Roy Twersky
Max Ventilla
Aitan Weinberg
Oren Zamir

9

List of Subject Areas
Computer Science or IT
Electrical Engineering
Law
Computer programming and source code
Web design
Information or systems management
Copyrights
Publishing (either print or Internet)
Computer software
Computer hardware
Advertising or marketing

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