Function Media, L.L.C. v. Google, Inc. et al

Filing 419

Minute Entry for proceedings held before Magistrate Judge Charles Everingham: Jury Trial held on 1/19/2010. (Court Reporter Shelly Holmes, CSR.) (jml)

Function Media, L.L.C. v. Google, Inc. et al

Doc. 419

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

FUNCTION MEDIA LLC

v. GOOGLE, INC.

§ § § § CIVIL ACTION NO. 2:07cv279 CE § §

OPEN: 8:31 a.m. ATTORNEYS FOR PLAINTIFF:

Jury Trial Day One - Minutes January 19, 2010 ADJOURN: 5:05 p.m. Max Tribble Joe Grinstein Robert Parker Justin Nelson Charles Verhoeven Edward DeFranco Amy Candido Gil Gillam Jim Warriner Shelly Holmes, CSR Jan Lockhart, PLS, CP

ATTORNEYS FOR DEFENDANTS:

LAW CLERK: COURT REPORTER: COURTROOM DEPUTY:

8:31 a.m. Court opened. The Court gave the jury preliminary instructions regarding the schedule for the trial. The parties announced ready for hearing. 8:42 a.m. The Court gave additional instructions to the jury regarding the claims of the parties.

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8:56 a.m. Thomas Rhyne, Lucidna Stone and Michael Dean sworn. Experts and Plaintiffs allowed to remain in Courtroom. 8:58 a.m. Mr. Tribble conducted opening statement on behalf of Plaintiff. 9:35 a.m. Mr. Charles Verhoeven presented opening statement on behalf of defendant. 10:13 a.m. Morning recess until 10:35 a.m. Jury left the Courtroom 10:15 a.m. Court gave attorneys instruction. 10:35 a.m. Back on the record. Bench bench conference. 10:37 a.m. Mr. Nelson called Mr. Dean to testify. Mr. Dean was previously sworn and examined under oath. 10:38 a.m. Bench conference. 10:39 a.m. Mr. Nelson continued direct examination of Mr. Dean. 1151 a.m. Mr. Verhoeven conducted cross examination of Mr. Dean. 12:01 p.m. Jury excused for lunch recess. 1:22 p.m. Jury back in courtroom. 1:23 p.m. Court reconvened. Mr. Verhoeven continued cross examination of Mr. Dean. 1:30 p.m. Mr. Verhoeven presented a video deposition clip of Mr. Dean. 1:30 p.m. Mr. Nelson addressed the Court regarding a completeness proffer. 1:31 p.m. Mr. Verhoeven continued his examination of Mr. Dean. 1:36 p.m. Mr. Verhoeven presented a video deposition excerpt of Mr. Dean. 1:37 p.m. Mr. Nelson requested additional cites for optional completeness. The Court responded. 1:39 p.m. Bench conference.

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1:40 p.m. Mr. Verhoeven continued his examination of Mr. Dean. 1:45 p.m. The Court gave Mr. Verhoeven instruction re the witness question. 1:51 p.m. Bench conference. 1:52 p.m. Mr. Verhoeven continued examination of Mr. Dean. 2:11 p.m. Re-direct examination of Mr. Dean by Mr. Nelson. 2:29 p.m. Bench conference. 2:30 p.m. The parties passed the witness. 2:31 p.m. Mr. Tribble presented witness Brian Axe by video deposition. 3:03 p.m. Brian Axe deposition concluded. 3:06 p.m. Mr. Tribble presented witness Angela Lai by video deposition. This proffer included both parties deposition designations. 3:10 p.m. The Court excused the jury for its afternoon break. Attorneys remained in Courtroom for brief Court conference. 3:12 p.m. Court recess. 3:31 p.m. Jury returned to the courtroom. Court reconvened. Mr. Grinstein called Dr. Vernon Thomas Rhyne to testify. Dr. Rhyne was previously sworn. 3:50 p.m. Bench conference. Mr. Grinstein continued his examination of Dr. Rhyne. 4:31 p.m. Bench conference. 4:33 p.m. Mr. Grinstein continued his examination of Dr. Rhyne. 5:03 p.m. The jury was excused from the courtroom for the evening recess.

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The Court held a conference on various issues. 5:05 p.m. Court adjourned.