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

Filing 423

Minute Entry for proceedings held before Magistrate Judge Charles Everingham: Jury Trial held on 1/25/2010. (Court Reporter Shelly Holmes, CSR.) (jml)

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

Doc. 423

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

FUNCTION MEDIA LLC

v. GOOGLE, INC., ET AL

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

OPEN: 8:25 a.m.

Jury Trial Day Five - Minutes January 25, 2010 ADJOURN: 5:35 p.m. Max Tribble Joe Grinstein Robert Parker Justin Nelson Jeremy Brandon Charles Verhoeven Edward DeFranco Amy Candido Gil Gillam Jim Warriner Shelly Holmes, CSR Jan Lockhart, PLS, CP

ATTORNEYS FOR PLAINTIFF:

ATTORNEYS FOR DEFENDANTS:

LAW CLERK: COURT REPORTER: COURTROOM DEPUTY: .

8:25 a.m. Court opened. Hearing outside the presence of the jury. 8:27 a.m. Joe Grinstein presented argument on behalf of Plaintiff. Mr. Verhoeven presented argument on behalf of Defendant.

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Minutes Page 2 8:28 a.m. The Court ruled. Court adjourned until 8:30 a.m. 8:29 a.m. Jury entered courtroom. 8:33 a.m. Court opened. Mr. Verhoeven continued direct examination of Mr. Lanning. 10:09 a.m. Jury excused for morning break until 10:30 a.m. 10:10 a.m. Bench conference 10:11 a.m. Court recess. 10:30 a.m. Mr. Verhoeven continued his examination of Mr. Lanning. 11:10 a.m. Cross examination of Mr. Lanning by Mr. Grinstein. 12:01 p.m. Lunch recess until 1:15 p.m. 1:18 p.m. Jury back in courtroom. 1:19 p.m. Mr. Grinstein continued his examination of Mr. Lanning. 1:47 a.m. The parties passed the witness. 1:48 p.m. Mark Scheele was called by Mr. DeFranco to testify. Mr. Scheele was sworn and examined under oath. 2:19 p.m. Mr. Brandon conducted cross examination of Mr. Scheele. 2:33 p.m. Mr. DeFranco conducted re-direct examination of Mr. Scheele. 2:36 p.m. The parties passed the witness. Mr. Scheele was excused. 2:37 p.m. Mr. DeFranco called Sandi Mathers to testify. Ms. Mathers was sworn and examined under oath. 2:39 p.m. Mr. Brandon conducted cross examination of Ms. Mathers. 2:42 p.m. Mr. DeFranco conducted re-direct examination of Ms. Mathers.

Minutes Page 3 2:43 p.m. The parties passed the witness. 2:43 p.m. Bench conference. 2:44 p.m. Ms. Candido called Mike Wagner to testify. Mr. Wagner was sworn and examined under oath. 2:56 p.m. Bench conference. 2:56 p.m. Ms. Candido continued her examination of Mr. Wagner. 3:07 p.m. Mr. Verhoeven requested a moment to confer with counsel. 3:08 p.m. Ms. Candido continued her examination of Mr. Wagner. 3:15 p.m. Afternoon recess until 3:35 p.m. 3:36 p.m. Jury back in courtroom. Ms. Candido continued her direct examination of Mr. Wagner. 3:55 p.m. Bench conference. 3:56 p.m. Ms. Candido continued her examination of Mr. Wagner. 4:00 p.m. Mr. Tribble conducted cross examination of Mr. Wagner. 4:03 p.m. Bench conference. 4:04 p.m. Mr. Tribble continued his cross examination of Mr. Wagner. 4:05 p.m. Bench conference. 4:05 p.m. Mr. Tribble continued his examination of Mr. Wagner. 4:17 p.m. Audience asked to leave courtroom. Courtroom sealed. 4:18 p.m. Mr. Tribble continued his examination of Mr. Wagner. 4:19 p.m. Bench conference. Court gave witness instruction re answering question. 4:22 p.m. Bench conference. Ms. Mathers was excused.

Minutes Page 4 4:23 p.m. Mr. Tribble continued his cross examination of Mr. Wagner. 4:24 p.m. Bench conference. 4:25 p.m. Mr. Tribble continued his examination of Mr. Wagner. 4:35 p.m. Bench conference. 4:36 p.m. Mr. Tribble continued his examination of Mr. Wagner. 4:40 p.m. Audience asked to leave courtroom. Courtroom sealed. 4:41 p.m. Mr. Tribble continued his examination of Mr. Wagner. 4:42 p.m. Bench conference. 4:42 p.m. Mr. Tribble continued his examinaiton of Mr. Wagner. 4:45 p.m. Mr. Tribble passed the witness. Bench conference. 4:46 p.m. Ms. Candido conducted re-direct examination of Mr. Wagner. 4:49 p.m. Court inquired as to confidential information. 4:54 p.m. Re-cross examination of Mr. Wagner. 4:56 p.m. Re-direct examination of Mr. Wagner by Ms. Candido. 4:58 p.m. Parties passed the witness. Mr. Wagner was excused. 5:00 p.m. Mr. Todd Curtiss was called by Ms. Candido to testify. Mr. Curtiss was sworn and examined under oath. 5:07 p.m. Mr. Nelson conducted cross examination of Mr. Curtiss. 5:15 p.m. Ms. Candido conducted re-direct examination of Mr. Curtiss. 5:16 p.m. Bench conference. 5:17 p.m. Mr. Verhoeven stated that Defendant rests. 5:18 p.m. Jury excused until 8 :00 a.m.

Minutes Page 5 5:19 p.m. Hearing outside the presence of the jury. The Court heard argument on Google's reference to exclude with reference to patent activities 5:21 p.m Mr. DeFranco presented argument on behalf of Google. Mr. Grinstein presented argument on behalf of Plaintiff. 5:26 p.m. Court responded. Mr. Grinstein responded to Court's question re Motion in Limine. 5:27 p.m. The Court responded. 5:27 p.m. Mr. Grinstein responded further. The Court inquired further as to the motion in limine. 5:28 p.m. Mr. DeFranco presented further argument on behalf of Google. 5:29 p.m. The Court responded. Re function media's #47. The Court ruled. 5:30 p.m. Mr. Verhoeven addressed the Court re demonstratives to be used by the parties for closing argument. 5:31 p.m. Mr. Tribble responded to Mr. Verhoeven's argument. The Court responded. Parties to exchange demonstratives at 8:00 a.m. 5:32 p.m. Mr. Grinstein inquired as to the Court's procedure regarding Judgments as a Mater of Law. The Court responded. Mr. Verhoeven responded further. 5:35 p.m. Court adjourned.