Polaris IP, LLC v. Google Inc. et al

Filing 578

MOTION to Continue Trial and for Additional Time for Trial by Google Inc.. (Attachments: # 1 Affidavit Declaration of M. Kammerud, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Text of Proposed Order)(Perlson, David)

Polaris IP, LLC v. Google Inc. et al

Doc. 578 Att. 2

EXHIBIT A

Dockets.Justia.com

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC )( )( )( VS. )( )( )( GOOGLE, INC., ET AL. )( JULY 28, 2010 1:30 P.M. CIVIL DOCKET NO. 2:07-CV-371-CE MARSHALL, TEXAS

PRE-TRIAL HEARING BEFORE THE HONORABLE JUDGE CHAD EVERINGHAM UNITED STATES MAGISTRATE JUDGE

APPEARANCES:

FOR THE PLAINTIFF:

(See attached sign-in sheet.)

FOR THE DEFENDANTS:

(See attached sign-in sheet.)

COURT REPORTER:

MS. SHELLY HOLMES, CSR Deputy Official Court Reporter 2593 Myrtle Road Diana, Texas 75640 [phone]

(Proceedings recorded by mechanical stenography, transcript produced on a CAT system.)

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jury.

Are the defendants aligned for purposes of voir

dire and making strikes? MS. DOAN: THE COURT: I believe so, Your Honor. Okay. I'm going to give you

four strikes a side, then, and y'all can collaborate, then, on your strikes from the defense's side. I'm going to conduct an evidentiary hearing to pre-admit exhibits and resolve, to the extent I can, your deposition objections after the jury is seated on Monday. We'll -- that hearing will -- I hope to get

started about 11:30, and we'll work as much as we can, and I'll give you a short recess for lunch, and I'd like to start opening statements Monday afternoon about 3:00 o'clock. If I do preliminary instructions and opening

statements, maybe get a little bit of testimony Monday afternoon, we'll be on -- on track. How much time do you need to present your case? MR. FENSTER: hours per side. THE COURT: MS. DOAN: hours a side. THE COURT: Okay. What -- what do you think What about from -Your Honor, we're requesting 20 Your Honor, we estimate 13

the key issues are for infringement?

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other side from turning his name over to them. MR. SPANGLER: Your Honor, all I would say,

my final thing, and then I will sit down, is, you know, you look at the course of this litigation and what has happened, the inadvertent mistake versus what's happened, we just -- we would like to have an opportunity to respond to any proposed sanction that they're going to offer. THE COURT: Mr. Spangler, I'm not talking

about a sanction for the intentional violation of -- of the discovery rule. I've made that clear.

What I'm asking for is if they have some relief in mind to cure any prejudice they suffered, I'm inviting them to tell me what that is. The only relief

that I know of to -- to cure it would be some type of a continuance of the trial, but nobody's asking me for that. The only -- it's like I've been presented with a

binary choice that I'm not allowed to pick one of them because the only alternative sanction that was proposed was the death penalty sanction against y'all, and I've made it plain that I'm not going to do that. MR. SPANGLER: MR. PERLMAN: Thank you, Your Honor. Your Honor, I've had a few

notes passed up to me, but I think what might make the most sense is for us to collect together and think what

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makes the most sense and maybe we can present it to you on Monday if that's acceptable. THE COURT: Well, that's -- that's fine,

but, I mean, you need to know where I'm coming from is I'm -- you know, if you're talking about some instructions to the jury, some punitive sanctions, don't even bother bringing them to me, okay? What I'm

interested in is if you have any way that I can cure any prejudice that you've suffered, you know, and I'm willing to listen to you. MR. PERLMAN: goal to figure out. THE COURT: All right. Have you resolved That's what's going to be our

the motion to have Mr. Pridham be assisting with the damages expert yet? MR. SPANGLER: THE COURT: We have not, Your Honor. Why shouldn't he be

All right.

entitled to assist with the damages presentation in the case? MS. DOAN: Your Honor, as you know, we moved

for this back in March of this year, and Your Honor granted this June 2nd, I believe, with respect to the protective order. The damages documents are highly confidential documents, Your Honor, that have all been

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