Northeastern University et al v. Google, Inc.,

Filing 206

SUR-REPLY to Reply to Response to Motion re 153 SEALED MOTION For Summary Judgement That Any Alleged Infringement of U.S. Patent No. 5,694,593 Was Not Willful filed by Jarg Corporation, Northeastern University. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Shek, Bernard)

Northeastern University et al v. Google, Inc.,

Doc. 206 Att. 2

Exhibit 2

Dockets.Justia.com

1 1 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION * * * * * * * Civil Docket No. 2:07-cv-486 Marshall, Texas April 4, 2011 11:45 A.M.

3 NORTHEASTERN UNIVERSITY, ET AL 4 VS. 5 6 GOOGLE, INC. 7 8 9 10 APPEARANCES: 11 FOR THE PLAINTIFFS: 12 13 14 15 16 17 18 19 20

TRANSCRIPT OF VOIR DIRE PROCEEDINGS BEFORE THE HONORABLE CHAD EVERINGHAM UNITED STATES MAGISTRATE JUDGE

MR WILLIAM DAWSON Gibson Dunn & Crutcher 2100 McKinney Avenue Suite 1100 Dallas, TX 75201 MR. OTIS CARROLL Ireland Carrol & Kelley 6101 South Broadway Suite 500 Tyler, TX 75703 MS. CONSTANCE HUTTNER Vinson & Elkins 666 Fifth Avenue 26th Floor New York, NY 10103

APPEARANCES CONTINUED ON NEXT PAGE: 21 22 COURT REPORTERS: 23 24 MS. SUSAN SIMMONS, CSR MS. SHELLY HOLMES, CSR Official Court Reporters 100 East Houston, Suite 125 Marshall, TX 75670

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

2 1 ATTORNEYS CONTINUED: 2 FOR THE PLAINTIFFS: 3 4 5 6 FOR THE DEFENDANTS: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. JASON WOLFF Fish & Richardson 1230 El Camino Real San Diego, CA 92130 MS. JENNIFER AINSWORTH Wilson Robertson & Cornelius 909 ESE Loop 323 Suite 400 Tyler, TX 75703 MR. RUFFIN CORDELL Fish & Richardson 1425 K Street, NW Suite 1100 Washington, DC 20005 MR. CHRISTOPHER RYAN MR. MICHAEL VALEK Vinson & Elkins 2801 Via Fortuna Suite 100 Austin, TX 78746

3 1 P R O C E E D I N G S 2 3 4 5 6 COURT SECURITY OFFICER: (Jury panel in.) THE COURT: Thank you. Please be seated. All rise.

Good afternoon, Ladies and Gentlemen. Welcome to jury

7 Thank you for your patience so far. 8 selection today. 9

My name is Chad Everingham.

I'm a I share

10 magistrate judge that sits here in Marshall.

11 the building with Judge John Ward, who's the resident 12 district judge here, and also from time to time, David 13 Folsom, who has his duty station in Texarkana will come 14 down here and try cases as well. 15 16 civil case. But we are here today to pick a jury in a It's a case that's known as a patent I believe y'all saw a video

17 infringement case.

18 downstairs before jury selection that will serve to help 19 educate you a little bit generally on what patent cases 20 are about. 21 I'm going to go over the process here in

22 just a moment that we're going to follow this morning, 23 and then after I'm through with that, we'll get right to 24 the selection process. 25 The first thing that's going to happen is

52 1 your problem? 2 3 JUROR LEWIS: MR. CARROLL: We fixed our problem. You didn't have to use one

4 of your granddaddy's Lewis guns, did you? 5 6 7 JUROR LEWIS: MR. CARROLL: All right. No. That's good. That's pretty much my time.

8 I want to thank you-all for your patience and your 9 attention, and I look forward to working with those of 10 you who are our patent police. 11 12 13 Mr. Cordell? 14 15 MR. CORDELL: Thank you, Your Honor. My Thank you, Your Honor. THE COURT: Thank you, Mr. Carroll.

Good afternoon, Ladies and Gentlemen.

16 name is Ruffin Cordell, and I'm privileged to appear 17 before you this afternoon on behalf of Google. 18 Like Mr. Carroll, we're going to tell you

19 a little bit about our case, and then I'm going to sort 20 of trade roles with Ms. Ainsworth, and she's going to -21 she's going to ask you specific questions much in the 22 way that Mr. Carroll did. 23 But I'd first like to start by

24 introducing our trial team. 25 Jennifer Ainsworth is here. She's from

54 1 All right. So let's talk a little bit

2 about this case.

Mr. Carroll said this is -- this is a He's right.

3 case about finding things, and he's right.

4 This is a case about organizing information and trying 5 to find it. 6 Now, it turns out there's a lot of ways We all have documents at

7 to -- to organize things. 8 home, right? 9 kitchen table.

Some of us put them on a big pile on the Some people have a filing cabinet where

10 we put them in files and we organize them carefully. 11 Some people have a shoebox. 12 organize things. 13 The patent in this case, the patent that A lot of different ways to

14 Mr. Carroll showed you is about a very particular way of 15 organizing things where you use -- use a number. You

16 calculate a single number, and that number tells you not 17 only where the information is stored, what computer, 18 what haystack Mr. Carroll talked about, but where inside 19 that computer the information is. 20 You -- you come up with a single number,

21 and that tells you where you have to go and then where 22 you have to look once you get there. And the patent

23 claims that that's more efficient, and that's a better 24 approach to doing things. 25 And Mr. Carroll is also right that when

55 1 Dr. Baclawski came up with this thing, he was looking at 2 medical literature. He was looking at people that have

3 to find and organize documents dealing with diseases or 4 drugs or things like that. 5 And the good news for him and for this

6 patent is that that was a fairly small amount of 7 information. You didn't have to -- you didn't have to

8 have a very elaborate system, because it was -- it was a 9 manageable amount of information. 10 11 patent case. But, Ladies and Gentlemen, this is a And in a patent case, what they've got to

12 prove, what the Jarg and Northeastern people have to 13 prove to you in order to prevail, in order to come and 14 take all that money they're asking for from Google, 15 they've got to prove that Google is using Dr. 16 Baclawski's invention. 17 They've got to prove they're using that

18 single-number approach to try to go out and find that 19 information and find where it is. 20 21 do that. But, Ladies and Gentlemen, Google can't Can't do that. Mr. Carroll's right that

22 Google runs a whole lot of searches every single day. 23 And I don't know what the precise number is, but one 24 thing I do know is that they've got to organize and 25 index billions and billions and billions of documents

56 1 and webpages and books and all kinds of information. 2 When we go and run those searches that

3 Mr. Carroll asked you about, Google has to go and look 4 through all of this information. So that simple

5 single-number approach that Dr. Baclawski's patent talks 6 about just won't work. 7 it that way. 8 Instead, they've got to do layers and They've got to figure out where Just won't work. They can't do

9 layers of searching.

10 something is, and then when they get there, they've got 11 to look at what's stored there, and then they've got to 12 do some further organization and indexing in order to 13 find the information. 14 Dr. Baclawski's patent also talks about a

15 very simple send and receive method where I ask a 16 question, and it gets answered, and it's just this 17 one-to-one kind of correspondence. Google can't do

18 that, because there's just too many things it's looking 19 for and too much information to manage. 20 So at the end of the day, what we're

21 going to ask you to do is to agree with us that the 22 evidence shows that Google just doesn't use this simple 23 approach. 24 Now, there's going to be another part of

25 this case, and that is that we're going to ask you to