Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1349

Minute Entry for proceedings held before Judge Leonard Davis: Jury Trial held on 2/8/2012. (Court Reporter Judy Werlinger & Shea Sloan.) (Attachments: # 1 exhibit lists tendered at trial on 2/8/12) (als, )

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

DATE: February 8, 2012
REPORTER: Judy Werlinger

JUDGE
LEONARD DAVIS
LAW CLERKS: Allan Bullwinkel

EOLAS TECHNOLOGIES
INCORPORATED, ET AL

CIVIL ACTION NO: 6:09-CV-446

V

JURY SELECTION
(TRIAL A)

ADOBE SYSTEMS INCORPORATED,
ET AL
ATTORNEYS FOR PLAINTIFFS

ATTORNEY FOR DEFENDANT

SEE SIGN-IN SHEETS
On this day, came the parties by their attorneys and the following proceedings were had:
OPEN:
TIME:
8:50 am

8:50 am

ADJOURN: 5:40 pm

MINUTES:
Preliminary Proceedings: Pretrial matters taken up.
Mr. Campbell addressed the Court on licenses to the patent and to have their Expert testify
to those licenses. Mr. Campbell tendered a four page brief to the Court. Ed Reines
responded. Mr. Campbell replied. Mr. Reines responded. Court to withhold ruling on the
motion.
Mr. Budwin addressed the Court on two slides. Doug McClellan responded. Court
SUSTAINED objection to the slide. Mr. Budwin replied. Doug McClellan responded.
Court SUSTAINED the objection.
Mr. Reines addressed the Court for additional time. Mr. McKool responded. Mr. Reines
replied. Court will give Defendant’s an additional 30 minutes. Defendants have now used
4 hours and 35 minutes instead of 5 hours and 5 minutes.

9:05 am

Trial resumed. Jury seated in the courtroom.
Court addressed the jury and welcomed them back.

DAVID J. MALAND, CLERK
FILED: 2.8.2012
BY: Amy Strother, Courtroom Deputy

PAGE 2 - Proceedings Continued
TIME:

MINUTES:
Mr. McClellan called Dr. Richard Phillips to the witness stand. Witness previously sworn.
Direct examination of Mr. Phillips by Mr. McClellan. Mr. McClellan offered the witness
as an Expert. Mr. McClellan offered Defendant’s Exhibit JDX121, and without
objection, exhibit admitted. Mr. Burgess asked to approach the bench.
Bench conference held.
Direct examination of Mr. Phillips by Mr. McClellan continued. Mr. McClellan offered
Defendant’s Exhibit JDX184, and without objection, exhibit admitted.
Mr. McClellan passed the witness.
Court addressed the parties on their exhibit lists. Court admitted all exhibits by Plaintiff’s
and Defendant’s. (See attached exhibit lists to this minute entry).

10:13 am

Court in recess until 10:30 am.

10:30 am

Trial resumed. Jury seated in the courtroom.
Cross examination of witness by Kevin Burgess. Mr. Burgess asked to approach the bench.
Bench conference held.
Cross examination of witness by Kevin Burgess continued.
Mr. McClellan asked to approach the bench.
Bench conference held.
Redirect examination of witness by Mr. McClellan. Mr. Budwin asked to approach the
bench.
Bench conference held.
Redirect examination of witness by Mr. McClellan continued.
Re-cross examination of witness by Mr. Burgess.
Redirect examination of witness by Mr. McClellan.
Jennifer Doan addressed the Court. Defense rests

11:30 am

Court addressed the Jury and will excuse them for lunch until 12:30pm. Court reminded Jury
of its instructions. Jury excused.
Jury not present. Court gave the parties their times: Plaintiff has used 4 hours and 25
minutes and Defendants have used 5 hours and 48 minutes. There is 3 hours and 45 minutes
of time for additional testimony.
Jennifer Doan addressed the Court on offers of proof regarding viola code of reduction
practice as well as alpha code, with Scott Silvey to make presentation. Mr. Budwin
responded. Ms. Doan offered offer of proof of exhibit 1. Court and Ms. Doan discussed issue
and Court asked Ms. Doan to mark and offer after lunch.

PAGE 3 - Proceedings Continued
TIME:

MINUTES:
Mr.Budwin presented JMOL as to no evidence of invalidity as to 112. Mr. Reines responded.
Mr. Budwin replied. Court will take under advisement. . .
Mr Budwin presented JMOL under section 101. Mr. Reines responded. Court GRANTED
motion as to section 101
Mr. Budwin presented JMOL under section 102A and 102B. Ms. Doan responded. Mr.
Budwin addressed the alleged video shown, 7/1993 demo at wizard conference. Ms. Doan
responded. Mr. Budwin addressed “alpha” 10/16/93 email. Ms. Doan responded. Mr.
Budwin moved for JMOL. Mr. Doan responded. Mr. Budwin addressed 102G. Ms. Doan
responded. Mr. Budwin replied and asked for JMOL under section 102 and 103. Mr.
Budwin will file electronically this afternoon. Ms. Doan responded and asked for JMOL to
be denied
Ed Reines addressed the Court on an error earlier under 101, and requested additional time
on behalf of CDW, Amazon and Yahoo

12:00 pm

Court in recess until 12:30pm.

12:40 pm

Trial resumed. Jury not present.
Ed Reines addressed the Court on Plaintiff’s conduct with the case. Mr. Campbell
responded. Mr. Reines replied. Court finds that the settlements GRANT the Motion in
Limine and not allow testimony. Mr. Campbell responded.
Mr. Budwin addressed Ms. Doan’s offer of proof. Ms. Doan addressed her offer of proof.
Court advised parties a juror needs to leave by 5:00 pm
Court asked for the Jury to be brought in. Jury entered and seated in the courtroom.
Court welcomed the Jury back and advised Defendant rested.
Mr. Burgess called Dr. David M. Martin to the witness stand. Witness previously sworn..
Direct examination of Dr. Martin by Mr. Burgess. Mr. Lumish asked to approach the bench.
Bench conference held.
Direct examination of Dr. Martin by Mr. Burgess continued. Mr. Lumish asked to approach
the bench.
Bench conference held.
Direct examination of Dr. Martin by Mr. Burgess continued. Court asked for parties to
approach the bench.
Bench conference held.
Direct examination of Dr. Martin by Mr. Burgess continued. Court asked for parties to
approach the bench.
Bench conference held.
Direct examination of Dr. Martin by Mr. Burgess continued.

PAGE 4 - Proceedings Continued
TIME:

MINUTES:
Cross examination of witness by Doug Lumish. Mr. Burgess asked to approach the bench.
Bench conference held.
Cross examination of witness by Doug Lumish continued. Mr. Lumish offered Defendant’s
exhibit JDX71, and without objection, exhibit admitted. Mr. Burgess asked to approach
the bench.
Bench conference held.
Cross examination of witness by Doug Lumish continued.
Mr. Lumish passed the witness. Redirect examination of witness by Mr. Burgess.
Doug Cawley called William Tucker to the witness stand. Witness previously sworn.
Direct examination of Mr. Tucker by Mr. Cawley.
Mr. Cawley passed the witness. Cross examination of witness by Mike Jones.
Redirect examination of witness by Mr. Cawley.
Mr. Campbell called Charles E. Krueger by video deposition. Video played for the Jury.

3:05 pm

Court in recess until 3:20pm

3:20 pm

Trial resumed. Court asked for the jury to be brought in. Jury seated in the courtroom.
Mr. Cawley called David C. Martin to the witness stand. Witness sworn.
Direct examination of Mr. Martin by Mr. Cawley.
Mr. Cawley passed the witness. Cross examination of witness by Jeff Homrig.
Gayle Klein called Cheong S. Ang to the witness stand. Witness sworn.
Mr. Cawley asked for David Martin to be excused. Witness excused.
Direct examination of Mr. Ang by Ms. Klein.
Ms. Klein passed the witness. Cross examination of witness by Doug Lumish.
Mr. Lumish passed the witness. Redirect examination of witness by Ms. Klein.
Ms. Klein passed the witness. Re-cross examination of witness by Mr. Lumish.
Mr. Cawley asked to approach the bench.
Bench conference held.
Mr. Campbell addressed the Court on submitting documents. Plaintiff rests.
Jennifer Doan recalled Scott Silvey to the witness stand. Witness previously sworn.
Direct examination of Mr. Silvey by Ms. Doan.

PAGE 5 - Proceedings Continued
TIME:

MINUTES:
Mr. Budwin asked to approach the bench.
Bench conference held.
Direct examination of Mr. Silvey by Ms. Doan continued. Ms. Doan offered Defendant’s
exhibit JDX500 into evidence, with objections by Mr. Budwin. Court WITHHOLDS ruling
until after cross examination. Ms. Doan asked to play a video about “alpha” for the jury.
Mr. Budwin objected. Court asked counsel to approach the bench.
Bench conference held.
Cross examination of witness by Mr. Budwin.
Redirect examination of witness by Ms. Doan. Mr. Budwin asked to approach the bench.
Bench conference held.
Redirect examination of witness by Ms. Doan continued.
Defendant finally rests. Plaintiff rests.
Court addressed the jury and will be recessing for the day. Court reminded Jury of its
instructions.

5:02 pm

Court excuses jury.
Reines addressed the Court on a Judgment as a Matter of Law.
Court inquired if Plaintiff has objections to the Charge.
Charge conference held.
Mr. McKool addressed the Court on Plaintiff’s objections. Mr. Budwin addressed the court
on obviousness. Court will.
Court and parties discussed written description and Court GRANTS JMOL on written
description and will remove language from the charge..
Mr. Reines presented Defendant’s objection to the charge.
Mr. Campbell addressed the Court on objections on pg 15 regarding licensing
Mr. Reines addressed the Court on Judgment as Matter of Law under 102A, B and G. Court
DENIED.
Ms. Doan offered of proof 1 thru 4 and 5 and asked court to rule on exhibit 500. Court will
rule on it in the morning.
Mr. Reines offer of proof will be filed electronically and asked to lodge 2 videos. Mr.
Budwin responded. Court will rule on it in the morning and asked the parties to meet and
confer

5:40 pm

Court adjourned for the day.