Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al

Filing 269

STATEMENT of Pretrial Conference Bench Book by Connexus Corporation, Firstlook, Incorporated, Navigation Catalyst Systems, Incorporated, Weather Underground, Incorporated (Attachments: # 1 Administrative Section, # 2 Exhibit Theory of the Case, # 3 Exhibit Plaintiff's Proposed Voir Dire, # 4 Exhibit Defendants' Proposed Voir Dire, # 5 Exhibit Witness List, # 6 Exhibit Exhibit List, # 7 Exhibit agreed Upon Jury Instructions, # 8 Exhibit Plaintiff's Additional Proposed Instructions, # 9 Exhibit Defendants' Additional Proposed Instructions, # 10 Exhibit Plaintiff's Proposed Verdict Form, # 11 Exhibit Defendants' Proposed Verdict Form, # 12 Exhibit Evidentiary Issues) (Delgado, William)

Defendants’ Voir Dire

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN

THE WEATHER UNDERGROUND, INC.,
a Michigan corporation,
Plaintiff,
Case No. 2:09-CV-10756
Hon. Marianne O. Battani

vs.
NAVIGATION CATALYST SYSTEMS, INC.,
a Delaware corporation; CONNEXUS CORP.,
a Delaware corporation; FIRSTLOOK, INC.,
a Delaware corporation; and EPIC MEDIA
GROUP, INC., a Delaware corporation,

Defendants.
______________________________________________________________________
Enrico Schaefer (P43506)
Brian A. Hall (P70865)
TRAVERSE LEGAL, PLC
810 Cottageview Drive, Unit G-20
Traverse City, MI 49686
231-932-0411
[e-mail]
[e-mail]
Lead Attorneys for Plaintiff

William A. Delgado
WILLENKEN WILSON LOH & LIEB LLP
707 Wilshire Boulevard, Suite 3850
Los Angeles, CA 90017
[phone]
[e-mail]
Lead Counsel for Defendants

Nicholas J. Stasevich (P41896)
Benjamin K. Steffans (P69712)
Anthony P. Patti (P43729)
BUTZEL LONG, P.C.
HOOPER HATHAWAY, PC
150 West Jefferson, Suite 100
126 South Main Street
Detroit, MI 48226
Ann Arbor, MI 48104
[phone]
734-662-4426
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Local Counsel for Defendants
______________________________________________________________________
DEFENDANTS’ PROPOSED VOIR DIRE

For their proposed voir dire of the jurors in this matter, Defendants Connexus
Corporation, Firstlook, Inc., and Navigation Catalyst Systems, Inc. respectfully request that the
Court inquire as follows:
1.

Is there anyone who has personally been involved in a lawsuit before, either as a
plaintiff or defendant?
a. (If there is a yes), Please tell us what the lawsuit(s) was/(were) about and
whether you were a plaintiff or defendant?

2.

Do any of you participate in social media like Facebook, LinkedIn, or MySpace?
a. (If there is a yes), Please tell us the social media platforms you participate in.

3.

Is anyone the owner of a U.S. trademark registration?
a. (If there is a yes), Please tell us for what purpose you use your trademark.

4.

Is there anyone who does not regularly use the Internet either at work or at home?

5.

Is anyone the owner of an Internet domain name?
a. (If there is a yes), For those of you who are owners of a domain name, for
what purposes do you use your domain names?

6.

Has anyone ever heard of the term “pay-per-click advertising?”
a. (If there is a yes), For those of you who have heard of the phrase “pay-perclick advertising,” what is your understanding of what that means?
b. (If there is a yes), For those of you who have heard of the phrase “pay-perclick advertising,” have you ever used it in your workplace?

7.

Has anyone ever heard of The Weather Underground?

1

a. (If there is a yes), For those of you who have heard of The Weather
Underground, in what context have you heard of the Weather Underground?
RESPECTFULLY SUBMITTED this 28th day of February 2012.
/s/William A. Delgado
William A. Delgado
WILLENKEN WILSON LOH & LIEB LLP
707 Wilshire Boulevard, Suite 3850
Los Angeles, CA 90017
[phone]
[e-mail]
Lead Counsel for Defendants

2