Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 751

RESPONSE in Opposition re #722 Joint SEALED MOTION DEFENDANTS MOTION FOR RECONSIDERATION AND OBJECTIONS TO REPORT AND RECOMMENDATION DENYING MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF THE 120 PATENT (DKT. NO. 659)Joint SEALED MOTION DEFENDANTS MOTION FOR RECONSIDERATION AND OBJECTIONS TO REPORT AND RECOMMENDATION DENYING MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF THE 120 PATENT (DKT. NO. 659)Joint SEALED MOTION DEFENDANTS MOTION FOR RECONSIDERATION AND OBJECTIONS TO REPORT AND RECOMMENDATION DENYING MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT OF THE 120 PATENT (DKT. NO. 659) filed by Bedrock Computer Technologies, LLC. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Cawley, Douglas)

EXHIBIT 1

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

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BEDROCK COMPUTER
TECHNOLOGIES LLC

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DOCKET NO. 6:09cv269

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-vs-

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GOOGLE, INC.
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Tyler, Texas
12:40 p.m.
April 14, 2011

TRANSCRIPT OF TRIAL
AFTERNOON SESSION
BEFORE THE HONORABLE LEONARD DAVIS,
UNITED STATES DISTRICT JUDGE

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A P P E A R A N C E S
FOR THE PLAINTIFF:

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MR. DOUGLAS A. CAWLEY
MR. THEODORE STEVENSON, III
MR. SCOTT W. HEJNY
MR. JASON D. CASSADY
McKOOL SMITH
300 Crescent Court, Ste. 500
Dallas, Texas 75201
MR. ROBERT M. PARKER
MR. ROBERT CHRISTOPHER BUNT
PARKER, BUNT & AINSWORTH
100 E. Ferguson, Ste. 1114
Tyler, Texas 75702
COURT REPORTERS:

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MS. JUDY WERLINGER
MS. SHEA SLOAN
Proceedings taken by Machine Stenotype; transcript was
produced by a Computer.

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FOR THE DEFENDANTS:

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MR. CLAUDE M. STERN
MS. EVETTE D. PENNYPACKER

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MR. TODD M. BRIGGS
555 Twin Dolphin Dr., 5th Floor

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Redwood Shores, CA

94065

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MR. MICHAEL JONES
POTTER MINTON

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P.O. Box 359
Tyler, Texas

75710

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***********************

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P R O C E E D I N G S

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(Jury out.)

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COURT SECURITY OFFICER:

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THE COURT:

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Let me just announce, I'm going to ask my

All right.

All rise.
Please be seated.

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Law Clerk to provide you with a copy of the Court's

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Charge so that you can be reviewing it.

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hear -- finish with all of the testimony this afternoon,

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I will hear any objections to the Court's Charge.

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is the only opportunity to object, so that when we come

As soon as we

This

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MR. STERN:

Finally, Your Honor, we --

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Google wants to renew its motion for judgment as a

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matter of law for non-infringement.

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in the case that -- that Google uses the system

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identified in Claims 1 and 2 of the patent.

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the testimony that came out from Professor Jones

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establishes unequivocally that there is a confusion that

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the Plaintiff has with respect to what it means to use a

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claim.

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There was a claim

We believe

Because of inadequate proof in the case

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regarding the extent to which Google is alleged to have

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actually used any of the systems claims either of Claim

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1 or Claim 2, we move for judgment as a matter of law.

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THE COURT:

Motion is denied.

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MR. STERN:

Thank you, Your Honor.

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THE COURT:

Anything further?

MR. HEJNY:

Nothing from Bedrock, Your

MR. STERN:

I think that's it, Your

THE COURT:

Let me give the parties their

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party?

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Honor.

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Either

Honor.

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final times.

The Plaintiff used 11 -- I mean, the

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Plaintiff used 11 hours and 27 minutes, and Defendant

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used 11 hours and 37 minutes.

So you gave us back a

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little time, which the Court is appreciative of.

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MR. STERN:

Your Honor, do we get that

additional time on the closing?

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THE COURT:

No, you don't.

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All right.

We will be adjourned.

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See you in the morning.

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COURT SECURITY OFFICER:

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(Court adjourned.)

All rise.

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CERTIFICATION

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I HEREBY CERTIFY that the foregoing is a

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true and correct transcript from the stenographic notes

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of the proceedings in the above-entitled matter to the

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best of our abilities.

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/s/______________________
SHEA SLOAN, CSR

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Date

Official Court Reporter
State of Texas No.:

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Expiration Date:

3081

12/31/12

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/s/___________________
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JUDITH WERLINGER, CSR

Date

Deputy Official Court Reporter
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State of Texas No.:
Expiration Date

731

12/31/12

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