WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 437

Minute Entry for proceedings held before Judge Leonard Davis: Day 1 of Jury Trial held on 7/8/2013. (Court Reporter Shea Sloan & Judy Werlinger.) (Attachments: # 1 Sign In Sheets) (cwk). (Main Document 437 replaced on 7/12/2013) (cwk).

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

July 8, 2013

LEONARD DAVIS
Judge Presiding
Court Reporter: Shea Sloan & Judy Werlinger
Judicial Assistant: Carrie King

Law Clerk: Josue Caballero
Chief Staff Attorney: Nicole Mitchell
WI-LAN, INC.

CIVIL ACTION NO: 6:10cv521
JURY TRIAL – DAY 1

V.
ALCATEL-LUCENT USA, INC., ET AL.
WI-LAN, INC.

CIVIL ACTION NO: 6:13cv252
JURY TRIAL – DAY 1

V.
HTC CORPORATION, ET AL.
ATTORNEYS FOR PLAINTIFF

ATTORNEYS FOR DEFENDANTS

SEE SIGN-IN SHEETS

On this day, came the parties by their attorneys and the following proceedings were had:
OPEN: 8:51 AM

ADJOURN: 4:51 PM

TIME:

MINUTES:

8:51 AM

HEARING OUTSIDE THE PRESENCE OF THE JURY.
Wesley Hill for Plaintiff announced that Defendants have objections to two of Plaintiff’s
slides. Eric Findley for HTC and other Defendants made objections to the slides. Mr. Hill
responded. Objection overruled.
Greg Arrovas for Defendants announced that there is one additional issue to discuss. Jeanne
Heffernan for Defendants advised that Defendants filed Docket No. 435 Sealed Daubert
Motion to Exclude the Supplemental Report and Testimony of John C. Jarosz. Mr. Hill
responded that Plaintiff requests until midnight to respond. Court advised Plaintiff should
respond by 10:00 pm and Defendants may reply by 8:00 am tomorrow.

8:58 AM

Jury Panel seated in courtroom.
Court gave additional preliminary instructions.
David Weaver gave opening statement for Plaintiff.
Greg Arovas gave opening statement for Defendants.

TIME:

MINUTES:

10:59 AM

Jury excused for morning break. Court in recess.

11:18 AM

Trial resumed. Jury Panel seated in courtroom.
Court asked witnesses to stand and state their names. Andrew Parolin, Joseph Tarallo,
Fredrik Gessler, Jason McKenzie, Robert Akl, James Olivier, Mark Lanning, Paul Struhsaker,
Jonathan Wells, Chris Bakewell, and Stephen Wicker stood and were sworn. Mr. Hill asked
for the Rule to be invoked. Court explained the Rule to the participants and excused those
witnesses with the exception of experts and client representatives.
Court asked for exhibits to be tendered. Mr. Hill tendered a list of Plaintiff’s exhibits which
was marked as Plaintiff’s Exhibit List 1. Admitted Exhibits: Plaintiff’s Exhibit 1 – 4, 9, 10,
16, 25, 29, 31, 35, 38, 41, 43, 54-56, 92, 99-201, 105, 106, 114, 119, 120, 124, 130, 135, 141,
150, 189, 248, 249, 254, 256, 257 and Defendant’s Exhibit 139, 145, 203, and 212.
Akshay Deoras tendered Defendants’ Pre-Admitted Exhibit List for July 8, 2013 which was
marked as Defendants’ Exhibit List 1.
Mr. Weaver called PAUL STRUHSAKER to the witness stand. Witness previously sworn.
Direct examination of Paul Struhsaker by Mr. Weaver. Objection by Mr. Sostek. Mr.
Weaver responded. Court instructed jury to disregard statement. Mr. Weaver continued
direct examination.
Mr. Weaver passed the witness. Cross examination by Bruce Sostek.
Mr. Sostek passed the witness. Redirect by Mr. Weaver.
Mr. Weaver passed the witness. No further questions from Mr. Sostek.
Court requested the jury submit their witness questions. No questions from the Jury Panel.
Court excused the Jury Panel for lunch.

12:40 PM

Mr. Weaver requested witness Paul Struhsaker be excused. No objection. Court excused
the witness.
Court in recess.

1:18 PM

Trial resumed. Jury Panel seated in courtroom.
Mr. Weaver will call DAVID IRVING by video deposition.
Court explained the video deposition process to the Jury.
Video Deposition of DAVID IRVING played for the Jury. (9 Minutes – Plaintiff).
Mr. Weaver will call FRANK WU by video deposition. Video Deposition of DAVID
IRVING played for the Jury. (8 Minutes – Plaintiff).
Mr. Weaver will call SUSAN MILLER by video deposition. Video Deposition of SUSAN
MILLER played for the Jury. (1 Minutes – Plaintiff).
Mr. Weaver will call EMAD FARAG by video deposition. Video Deposition of EMAD
FARAG played for the Jury. (5 Minutes – Plaintiff; 6 Minutes – Defendants).
Mr. Weaver will call MARTEN PEHRSON by video deposition. Video Deposition of
MARTEN PEHRSON played for the Jury. (2 Minutes – Plaintiff).
Mr. Weaver will call MIKAEL RYLANDER by video deposition. Video Deposition of
MIKAEL RYLANDER played for the Jury. (2 Minutes – Plaintiff).
Mr. Weaver will call MING-CHIEH KUO by video deposition. Video Deposition of
MIKAEL RYLANDER played for the Jury. (3 Minutes – Plaintiff; less than 1 minute –
Defendants).
Mr. Weaver will call YAN LIU by video deposition. Video Deposition of YAN LIU played
for the Jury. (2 Minutes – Plaintiff).

TIME:

MINUTES:

3:27 PM

Steve Borgman for Plaintiff called expert DR. JONATHAN WELLS to the witness stand.
Witness previously sworn. Direct examination of Jonathan Wells by Mr. Borgman.
Jury excused for afternoon break. Court in recess.

3:57 PM

Trial resumed. Jury Panel seated in courtroom. Mr. Borgman resumed direct
examination of Jonathan Wells.
Court addressed the Jury and will recess them until 9:00 am. Court reminded Jury of Court’s
instructions. Jury excused for the day.
Court gave parties their times and instructions regarding the jury charge.

4:51 PM

There being nothing further, Court adjourned for the day.